Tag Archives: International Criminal Court

International Criminal Court seeks arrest warrants for Netanyahu, Gallant, and Hamas leader

Netanyahu-Gallant-Sinwar

Important Takeaways:

  • The International Criminal Court intends to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on charges of crimes against humanity for Israel’s conduct in the Gaza war, its Chief Prosecutor Karim Khan announced Monday, on the 227th day of the Gaza war.
  • “Today, my Office seeks to charge two of those most responsible, Netanyahu and Gallant, both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute,” Khan stated.
  • Khan first spoke of the warrants in an interview with CNN’s Christiane Amanpour and then published a video and text statement from the court.
  • Netanyahu and Gallant would face accusations of starvation of civilians as a method of warfare, willfully causing great suffering or serious injury to body or health, and willful killing.
  • Khan’s statement comes as Israel is in its seventh month of an existential war against Hamas, which led an invasion of the Jewish state’s southern border on October 7, killing over 1,200 people and seizing 252 as hostage, out of which 128 remain in captivity.
  • Israel has argued that its actions fell within the boundary of International law, stressing that there is no famine in Gaza.

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Philippines’ Duterte threatens vaccine decliners with jail, animal drug

MANILA (Reuters) -Philippines President Rodrigo Duterte, frustrated by the slow pace of COVID-19 vaccinations in his country, threatened people who refuse to get inoculated with jail or an injection of Ivermectin, an anti-parasite drug widely used to treat animals.

Ivermectin has been touted as an alternative treatment for COVID-19 but U.S. and European regulators and the World Health Organization (WHO) have recommended against it.

“You choose, vaccine or I will have you jailed,” Duterte said in a televised address late on Monday, following reports of low turnout at several vaccination sites in the capital Manila.

“But for as long as you are here and you are a human being, and can carry the virus, get vaccinated.

“Otherwise, I will order all the village captains to have a tally of the people who refuse to be vaccinated. Because if not, I will have Ivermectin meant for pigs injected into you.”

Duterte is famous for his bellicose rhetoric and his remarks on Monday contradicted those of his health officials, who have said getting vaccinated against COVID-19 is voluntary.

“Don’t get me wrong, there is a crisis in this country,” Duterte said. “I’m just exasperated by Filipinos not heeding the government.”

With over 1.3 million cases, the Philippines is fighting one of Asia’s must stubborn COVID-19 epidemics.

But as of June 20, just 2.1 million people had been fully vaccinated of the 70 million people targeted for this year.

Duterte, who has been criticized for his tough approach to containing the virus, also stood by his decision not to let schools reopen.

In the same televised address, he took a swipe at the International Criminal Court, after an ICC prosecutor sought permission from the court for a full inquiry into thousands of killings by police in a war on drugs ordered by Duterte.

Duterte, who cancelled the Philippines’ membership of the ICC’s founding treaty, said he would not cooperate with the probe and described the ICC as “bullshit”.

“Why would I defend or face an accusation before white people. You must be crazy,” he said.

Human rights groups say authorities have summarily executed drug suspects, but Duterte maintains those killed had violently resisted arrest.

Asked for comment, ICC court spokesperson Fadi El Abdallah said: “The court is an independent judicial institution, and does not comment on political statements”.

(Reporting by Karen Lema; Additional reporting by Stephanie van den Berg in The Hague; Editing by Angus MacSwan, Martin Petty and Gareth Jones)

ICC prosecutor warns against crimes in escalating Israel-Palestinian violence

By Anthony Deutsch and Stephanie van den Berg

THE HAGUE, Netherlands (Reuters) – Individuals involved in a new eruption of Israeli-Palestinian bloodshed may be targeted by an International Criminal Court investigation now under way into alleged war crimes in earlier bouts of the conflict, its top prosecutor said in an interview.

The ICC’s Fatou Bensouda told Reuters she would press ahead with her inquiry even without the cooperation of Israel, which accuses her office of anti-Semitic bias and – like its closest ally the United States – rejected membership in the treaty-based court, objecting to its jurisdiction. Israel and Palestinian Islamist groups plunged this week into their fiercest round of fighting since 2014, with punishing Israeli air strikes on Gaza and militants based in the densely populated enclave firing over 1,600 rockets into Israel. At least 83 Palestinians and seven Israelis have died.

“These are events that we are looking at very seriously,” Bensouda said. “We are monitoring very closely and I remind that an investigation has opened and the evolution of these events could also be something we look at.”

In March her office said it was opening a formal investigation into suspected war crimes in the conflict after nearly five years of preliminary inquiries.

It said it had reasonable basis to believe offences had been committed by both the Israeli military and Palestinian armed groups, including militants of the Hamas group, in the Gaza Strip and in the Israeli-occupied West Bank.

“This is just to alert people on all sides not to escalate, to be careful to avoid taking actions that will result in the commission of (war) crimes,” Bensouda said in a reference to the current hostilities.

The ICC, based in The Hague, is an independent, permanent war crimes court that succeeded ad hoc U.N. tribunals which tackled the 1990s Rwandan genocide and Yugoslav conflict. It prosecutes individuals, not countries, when a member state is unwilling or unable to do so itself.

‘POLITICALLY FRAUGHT’ INVESTIGATION

The ICC is examining whether Israeli forces committed war crimes – including disproportionate attacks and willful killings of civilians – during the 2014 Gaza war when Israeli armored forces swept into the heavily urbanized enclave.

It is also probing whether Hamas, which rules Gaza, and other Palestinian armed factions carried out intentional attacks on civilians with rocket fire into Israel, as well as torture and killings of Palestinians by Palestinian security services.

While the investigation is “politically fraught”, Bensouda said, she denied accusations by Prime Minister Benjamin Netanyahu that her office was biased, or was singling out the state of Israel.

“It is regrettable and indeed unfortunate that these are the reactions that the prime minister would have. This is far from the truth,” said Bensouda, a Gambian who will be replaced by Britain’s Karim Khan when her nine-year term ends next month.

Bensouda said the decision to pursue the investigation was anchored “in the law”, not politics.

“There is a lot of rhetoric. There is also unfortunately a lot of misinformation about what this case is and what it is not…And there is a lot of spinning about the ICC, trying to portray (it) as being biased, one-sided…which is not the case. We are always very impartial. We are always very objective.”

Bensouda said her investigators met regularly with Israeli and Palestinian officials about the ICC’s preliminary inquiries to create transparency and give both sides a fair opportunity to present their positions.

“This is perhaps even more complex than what we have faced before,” Bensouda said, “but yes, at the moment there are signs there will be no cooperation whatsoever from one side…, and (we) will have to look for a way to deal with that.”

The Palestinian Authority, which exercises self-rule in parts of the West Bank but has no power in Gaza, is an ICC member and has repeatedly urged it to prosecute Israelis over alleged crimes in wars in 2014 and 2008-09.

More than 2,100 Palestinians were killed in the seven-week Gaza war in 2014, which saw a devastating Israeli offensive into the enclave during which thousands of homes were razed, along with 73 Israelis from rockets fired out of Gaza into Israel.

This time around, many more Gaza rockets are crashing into Israel’s commercial heartland, while Israel said it had bombed close to a thousand militant targets in Gaza and has massed tanks and troops along the enclave’s border.

Asked about the ICC investigation, Israel military spokesman Lieutenant-Colonel Jonathan Conricus said Israeli forces were “committed to international law” and that Hamas militants should be prosecuted.

“Hamas is a globally recognized terrorist organization that should be held accountable for its crimes, its blatant disregard for human life,” he told Reuters.

Israel launched its offensive after Hamas fired rockets at Jerusalem and Tel Aviv in retaliation for Israeli police clashes with Palestinians near al-Aqsa mosque in East Jerusalem during the Muslim fasting month of Ramadan.

In Gaza, Hamas spokesman Fawzi Barhoum said Palestinian militant groups were carrying out a “natural right of self-defense” and it was Israeli leaders the ICC should prosecute.

“Our people are the victims of the aggression conducted by the Israeli occupation, which is carrying out all forms of killing and terrorism against our people,” he told Reuters.

(Reporting by Anthony Deutsch and Stephanie van den Berg; Additional reporting by Stephen Farrell and Zainah El-Haroun in Jerusalem, Nidal al-Mughrabi in Gaza; editing by Mark Heinrich)

UN investigator says he has evidence of genocide against Iraq’s Yazidis

By Michelle Nichols

NEW YORK (Reuters) – A U.N. team investigating Islamic State crimes in Iraq has found “clear and convincing evidence that the crimes against the Yazidi people clearly constituted genocide,” the head of the inquiry said on Monday.

Karim Khan told the U.N. Security Council that the team, which started work in 2018, had also identified perpetrators “that clearly have responsibility for the crime of genocide against the Yazidi community.”

The Yazidis are a religious sect whose beliefs combine elements of several ancient Middle Eastern religions. Islamic State militants consider the Yazidis to be devil-worshippers.

Khan, a British lawyer who will next month become the International Criminal Court prosecutor, said the intent of Islamic State “to destroy the Yazidi, physically and biologically, was manifest in the ultimatum that was repeated in so many different villages in Iraq – to convert or die.”

Islamic State overran the Yazidi heartland in northern Iraq in 2014, forcing young women into servitude as “wives” for fighters, massacring thousands of people and displacing most of the 550,000-strong community. In 2016 an independent U.N. commission of inquiry described it as genocide.

Nadia Murad, an Iraqi Yazidi woman who was enslaved and raped by Islamic State, and human rights lawyer Amal Clooney lobbied the Security Council, which then created the U.N. investigative team in 2017.

They also pushed for the council to refer the situation to the International Criminal Court or create a special court.

“Evidence has been found, but we are still searching for the political will to prosecute,” Murad, who won the 2018 Nobel Peace Prize for her efforts to end the use of sexual violence as a weapon of war, told the Security Council on Monday.

The U.N. team has so far identified 1,444 possible perpetrators of attacks against the Yazidis.

Khan also said that from the team’s investigation into the mass killing of unarmed cadets and military personnel at Tikrit Air Academy in June 2014 “it is clear that the crime of direct and public incitement to commit genocide occurred.”

The team has identified 20 people of interest and 875 victims remains from 11 mass graves from the Tikrit attack by the Sunni extremists against Shia Muslims.

(Reporting by Michelle NicholsEditing by Chizu Nomiyama and Grant McCool)

International Criminal Court rules it has jurisdiction over Palestinian territories

By Toby Sterling and Stephanie van den Berg

THE HAGUE (Reuters) – The International Criminal Court ruled on Friday that it has jurisdiction over war crimes or atrocities committed in the Palestinian Territories, paving the way for a criminal investigation, despite Israeli objections.

The decision prompted swift reactions from both Israel, which is not a member of the court and again rejected its jurisdiction, and the Palestinian Authority, which welcomed the ruling.

The ICC judges said their decision was based on rules in the Hague-based court’s founding documents and does not imply any attempt to determine statehood or legal borders.

The court’s prosecutor, Fatou Bensouda, said in December 2019 there was “a reasonable basis to believe that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.”

She named both the Israeli Defense Forces and armed Palestinian groups such as Hamas as possible perpetrators.

She said she intended to open an investigation — as soon as judges ruled on whether the situation fell under the court’s jurisdiction or not.

In a majority ruling published Friday night, the judges said it does.

“The Court’s territorial jurisdiction in the Situation in Palestine … extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” they said.

That Palestine’s status under international law is still uncertain does not matter, the judges said, as it has been admitted to membership of parties to the court.

In a reaction, Human Rights Watch called the decision “pivotal” and said it “finally offers victims of serious crimes some real hope for justice after a half century of impunity,” said Balkees Jarrah, associate international justice director.

“It’s high time that Israeli and Palestinian perpetrators of the gravest abuses – whether war crimes committed during hostilities or the expansion of unlawful settlements – face justice.”

Israeli Prime Minister Benjamin Netanyahu reacted, saying “the court is ignoring the real war crimes and instead is pursuing Israel, a country with a strong democratic regime, that sanctifies the rule of law, and is not a member of the tribunal.”

He added Israel would “protect all of our citizens and soldiers” from prosecution.

“The court in its decision impairs the right of democratic countries to defend themselves,” Netanyahu said.

The Palestinian Foreign Ministry said in a statement that it was a “historic day for the principle of accountability.”

Sami Abu Zuhri, a Hamas official, described the decision as “an important development that contributes in protecting the Palestinian people.”

“We urge the international court to launch an investigation into Israeli war crimes against the Palestinian people,” said Abu Zuhri, who is currently outside Gaza.

The United States has “serious concerns” about the ICC’s effort to assert jurisdiction over Israeli personnel in the Palestinian territories, U.S. State Department spokesman Ned Price said, adding the U.S. government was reviewing the ruling.

ICC prosecutor Bensouda was expected to react later on Friday.

The Trump administration had vehemently opposed the ICC and its mission. Jamil Dakwar, director of the American Civil Liberties Union’s Human Rights Program, said U.S. President Joe Biden should do nothing to undermine the ICC’s independence.

“It’s important to remember that the ICC investigation would also target Palestinian perpetrators of war crimes in the context of hostilities between Israel and Palestinian armed groups, especially in the Gaza Strip,” Dakwar said on Twitter.

(Reporting by Toby Sterling, Anthony Deutsch, Stephanie van den Berg, Ari Rabinovitch, Stephen Farrell, Nidal al-Mughrabi, Arshad Mohammed, Humeyra Pamuk and Simon Lewis; Editing by Aurora Ellis and Daniel Wallis)

Reuters report on Myanmar massacre brings calls for independent probe

Ten Rohingya Muslim men with their hands bound kneel as members of the Myanmar security forces stand guard in Inn Din village September 2, 2017.

(Reuters) – A Reuters investigation into the killing of Rohingya Muslims in Myanmar prompted a demand from Washington for a credible probe into the bloodshed there and calls for the release of two journalists who were arrested while working on the report.

The special report, published overnight, lays out events leading up to the killing of 10 Rohingya men from Inn Din village in Rakhine state who were buried in a mass grave after being hacked to death or shot by Buddhist neighbors and soldiers.

“As with other, previous reports of mass graves, this report highlights the ongoing and urgent need for Burmese authorities to cooperate with an independent, credible investigation into allegations of atrocities in northern Rakhine,” U.S. State Department spokeswoman Heather Nauert said.

“Such an investigation would help provide a more comprehensive picture of what happened, clarify the identities of the victims, identify those responsible for human rights abuses and violations, and advance efforts for justice and accountability,” she said.

The Reuters report drew on interviews with Buddhists who confessed to torching Rohingya homes, burying bodies and killing Muslims in what they said was a frenzy of violence triggered when Rohingya insurgents attacked security posts last August.

The account marked the first time soldiers and paramilitary police have been implicated by testimony from security personnel in arson and killings in the north of Rakhine state that the United Nations has said may amount to genocide.

In the story, Myanmar said its “clearance operation” is a legitimate response to attacks by insurgents.

Asked about the evidence Reuters had uncovered about the massacre, Myanmar government spokesman Zaw Htay said on Thursday, before publication of the report: “We are not denying the allegations about violations of human rights. And we are not giving blanket denials.”

If there was “strong and reliable primary evidence” of abuses, the government would investigate, he said.

There was no comment from the government following the publication of the report.

“A TURNING POINT”

Nearly 690,000 Rohingya have fled their villages and crossed the border of western Myanmar into Bangladesh since August.

British Labour Party lawmaker Rosena Allin-Khan told BBC’s Newsnight that the Reuters report was consistent with accounts she had heard while working as a doctor at Rohingya refugee camps in Bangladesh last year.

“We’ve been bystanders to a genocide,” she said. “This evidence marks a turning point because, for the first time since this all started to unfold in August, we have heard from the perpetrators themselves.”

She said that, as well as an international probe, there needed to be a referral to the International Criminal Court.

Human Rights Watch said Myanmar’s military leaders should be held accountable in an international court for alleged crimes against the Rohingya population.

“As more evidence comes out about the pre-planning and intent of the Myanmar armed forces to wipe out Rohingya villages and their inhabitants, the international community … needs to focus on how to hold the country’s military leaders accountable,” said HRW’s deputy Asia director Phil Robertson.

Campaign group Fortify Rights also called for an independent investigation.

“The international community needs to stop stalling and do what’s necessary to hold accountable those who are responsible before evidence is tainted or lost, memories fade, and more people suffer,” said the group’s chief executive Matthew Smith.

United Nations’ Special Rapporteur on freedom of opinion and expression, David Kaye, said in a tweet: “During the reporting of this article, two Reuters journalists were arrested by Myanmar police. They remain held & must absolutely be released.”

Yanghee Lee, the U.N. human rights investigator for Myanmar who has been barred from visiting the Rohingya areas, echoed that call and added in a tweet: “Independent & credible investigation needed to get to the bottom of the Inn Din massacre.”

Police arrested two Reuters reporters, Wa Lone and Kyaw Soe Oo, on Dec. 12 for allegedly obtaining confidential documents relating to Rakhine and have accused them of violating Myanmar’s Official Secrets Act. They are in prison while a court decides if they should be charged under the colonial-era act.

(Writing by John Chalmers; Editing by Raju Gopalakrishnan and Alex Richardson)

Philippines’ Duterte says may follow Russia’s withdrawal from ‘useless’ ICC

Philippine President Rodrigo Duterte gestures while delivering a speech during the 80th National Bureau of Investigation (NBI) founding anniversary at the NBI headquarters in metro Ma

MANILA (Reuters) – Philippines President Rodrigo Duterte on Thursday said he might follow Russia and withdraw from the International Criminal Court (ICC), citing criticism from Western nations for a rash of killings unleashed by his war on drugs.

Duterte described the ICC as “useless” and expressed frustration about the West’s allegations of extrajudicial killings and its failure to understand his crackdown on narcotics. He also appeared to blame the United Nations for failing to prevent wars all over the world.

Russian President Vladimir Putin signed an executive order removing Russia’s signature from the founding treaty of the ICC on Wednesday, and Duterte said he might consider doing the same.

“They are useless, those in the international criminal (court). They (Russia) withdrew. I might follow. Why? Only the small ones like us are battered,” Duterte said before his departure for Lima to attend an Asia-Pacific summit.

Duterte is seeking a meeting with Putin in Lima this weekend, which comes as he pursues an independent foreign policy aimed at weaning the Philippines off dependence on longtime ally the United States. He has frequently praised Russia and China.

Duterte, known for his frank statements, speculated that Russia’s ICC move might be because of its air strikes in Syria.

“What could be the reason? I really would not know,” he said. “Maybe to protect what they are doing in Syria, the incessant bombing and the killing of civilians.”

Russia is under international pressure over the Syria air strikes, with some human rights activists and U.S. officials accusing it of bombing civilians and civilian targets. Russia has denied those allegations.

The ICC, which the Philippines became a member of in 2011, has received an ear-bashing from the outspoken Philippine leader, like all those who have showed concern about his war on drugs and the more than 2,400 people killed.

An ICC prosecutor last month said the Hague-based tribunal may have jurisdiction to prosecute the perpetrators of the killings.

Duterte said he was annoyed about the criticism he had received and that “nobody was listening” to his reasons for having the crackdown, including U.S. President Barack Obama.

He took aim at U.S. foreign policy and the United Nations and said he would be happier if China and Russia called the shots.

“You know, if China and Russia would decide to create a new order, I will be the first to join,” he said.

“The killings is endless,” he said, referring to conflicts in the past and current. “The amount is splattering. That is our lesson. Just because it is America, it does not mean that it is good.”

(Reporting by Neil Jerome Morales and Martin Petty)

Nearly 1000 killed in attacks on health workers in 2014-15

Candles are pictured outside the Medecins Sans Frontieres (MSF) headquarters in Geneva, Switzerland

By Stephanie Nebehay

GENEVA (Reuters) – Nearly 1,000 people were killed in attacks on health centers worldwide over the past two years, almost 40 percent of them in Syria, the World Health Organization (WHO) said on Thursday in its first report on the growing scourge.

The United Nations agency documented 594 attacks resulting in 959 deaths and 1,561 injuries in 19 countries with emergencies between January 2014 and December 2015.

Syria, torn by civil war since 2011, had the most attacks on hospitals, ambulances, patients and medical workers, accounting for 352 deaths. The Palestinian territories of Gaza and the West Bank, as well as Iraq, Pakistan and Libya, followed.

Some 62 percent of all attacks were deemed intentional and many led to disruption of public health services.

“This is not an isolated issue, it is not limited to war zones, it is not accidental. The majority of these are intentional,” Dr. Bruce Aylward, executive director of WHO’s emergency program, told a news briefing.

“It is also not stopping and it has real complications for what we are trying to do. It is getting more and more difficult to deploy people into these places, it is getting more and more difficult to keep them safe when they are there and it is getting more and more difficult to ensure they survive, let alone recover in crises.”

The casualty figures include 42 killed and 37 wounded in a U.S. air strike on a Medecins Sans Frontieres (Doctors Without Borders) hospital in Kunduz, Afghanistan last October.

A U.S. military report last month said that the incident did not amount to a war crime but was caused by human error, equipment failure and other factors, but MSF has called for an independent inquiry.

WHO said 53 percent of the attacks were perpetrated by states, 30 by armed groups and 17 percent remain unknown.

“One of the most important rules of war you is that you don’t attack health care facilities, health care providers, the sick, the disabled. So these attacks do represent gross violations of international humanitarian law,” said Rick Brennan, WHO director of emergency risk management and humanitarian response.

“Violations of international humanitarian law, if proven, can be considered war crimes and the perpetrators can be taken to the International Criminal Court,” he said.

(Reporting by Stephanie Nebehay; Editing by Mark Heinrich)