The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 

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Since the Israeli assault began on Gaza, more than 40,100 Palestinians have been killed. ICC judges have been asked to issue arrest warrants for Netanyahu and Gallant. (AFP)
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The International Criminal Court headquarters in The Hague, Netherlands. (Shutterstock)
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Updated 29 August 2024
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The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 

  • ICC prosecutor Karim Khan has asserted the court’s jurisdiction over war crimes charges against Israeli and Hamas leaders
  • Numerous legal submissions, including from governments, have challenged the ICC’s authority, delaying the court’s ruling

LONDON: Karim Khan, chief prosecutor of the International Criminal Court, has urged judges to reject legal challenges disputing the court’s power to issue arrest warrants for Israeli nationals, confirming the warrants are well within the ICC’s purview.

Khan applied for warrants in May for the arrest of Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and three Hamas leaders — Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif — on charges of war crimes and crimes against humanity.




Karim Khan, chief prosecutor of the International Criminal Court. (AFP/File)

Haniyeh has since been killed in a suspected Israeli strike in Tehran, while unconfirmed reports suggest Deif was killed in an Israeli strike in Gaza. Sinwar, meanwhile, has been appointed as the militant group’s new political chief.

“It is settled law that the court has jurisdiction in this situation,” Khan wrote in court filings made public on Aug. 23, dismissing legal arguments filed by over 60 governments, organizations and individuals opposing the warrants.

The court’s Pre-trial Chamber was expected to issue a ruling on the warrants by the end of July, but the many submissions have slowed the process. Khan warned that “any unjustified delay in these proceedings detrimentally affects the rights of victims.”




Yemenis lift a large portrait of Hamas political leader Ismail Haniyeh during a rally in Sanaa in support of the Palestinians. Haniyeh was assassinated in Tehran, presumably by Israelis. (AFP)

Khan requested the arrest warrants to hold accountable those who are alleged to have committed war crimes and crimes against humanity during the Hamas-led Oct. 7 attack on southern Israel and Israel’s retaliatory operation in the Gaza Strip.

However, in early June, the UK government requested permission to file an “amicus curiae” brief on whether a provision of the 1993 Oslo Accords peace deal could overrule the ICC’s jurisdiction over Israeli nationals.




On September 28, 1995, Israeli Prime Minister Yitzhak Rabin (2nd-L) and PLO Chairman Yasser Arafat (2nd-R) signed a Palestinian autonomy accord in the West Bank in what has become known as the Oslo Accord. (AFP/File)

As part of the Oslo Accords, the Palestinian Authority agreed it does not have criminal jurisdiction over Israeli nationals. In his 49-page legal brief, Khan said the chamber considered the observations on the Oslo Accords to be an issue of “potential relevance.”

Other governments, including Germany, followed suit, with several also arguing the ICC should wait for Israel to conclude its own internal investigation into the allegations.

In his Aug. 23 legal brief, Khan rejected Israel’s claim that it is carrying out its own investigation into alleged war crimes. He argued that “the available information does not show that Israel is investigating substantially the same conduct as the ICC.




Several governments have pushed for the ICC to wait for Israel to conclude its own internal investigation into war crimes charges raised before the court. (Supplied)

Having initially led the charge against the ICC’s arrest warrants under its previous Conservative administration, Britain’s new Labour government dropped the Oslo challenge in late July, despite pressure from the US and Israel, neither of which is a signatory to the ICC.

Kenneth Roth, the former executive director of Human Rights Watch, says the right of Palestinians to prosecute war crimes against them “cannot be negotiated away.”

He said a ruling in July by the International Court of Justice, which deemed Israel’s occupation and annexation of the Palestinian territories to be illegal, addressed the argument as to whether the Oslo Accords mean the Palestinians have waived their rights.




A general view shows the land of the Palestinian Kisiya family in the Al-Makhrour area of Beit Jala in Bethlehem, which was seized by Jewish landgrabbers, reportedly aided by Israeli authorities. (AFP)

“It cited Article 47 of the Fourth Geneva Convention, which says negotiations between occupier and occupied cannot deprive people of rights under the convention — a wise precaution given inherent power imbalances,” Roth told Arab News.

“The court was addressing the issue of Israel’s illegal settlements, but the same logic applies to Palestinians’ right to prosecute war crimes. That is not a right that can be negotiated away, meaning that the recognized state of Palestine has the right to confer that jurisdiction as needed to the International Criminal Court.”

Hamas led a surprise cross-border attack on southern Israel on Oct. 7, killing at least 1,100 people and taking a further 250 hostage — most of them civilians. Israel retaliated with a bombing campaign and ground offensive against the Hamas-controlled Gaza Strip.




Family members and supporters of hostages who were kidnapped by Hamas militants during their deadly attack on southern Israel on October 7, 2023, have been holding continuous protest actions in an effort to bring back the hostages. (REUTERS)

Since the Israeli operation began, at least 40,400 Palestinians have been killed, according to Gaza’s health ministry, civilian infrastructure has been reduced to rubble, and more than 90 percent of the enclave’s population has been displaced.

Israel, which launched its Gaza mission in the wake of the Oct. 7 attack with the stated aim of destroying Hamas and other militant groups, insists it does not target civilians, instead accusing Palestinian militants of using civilians as human shields.

Commenting on the other legal challenge being brought against the ICC, Roth criticized the German government’s argument that the court should wait for Israel to end its operation in Gaza before pursuing arrest warrants




Palestinians bury their dead at a cemetery in Rafah, southern Gaza Strip, in this picture taken on February 21, 2024. Continuing Israeli strikes have killed at more than 40,400 Palestinians since Oct. 7, 2023. (AFP Photo/File)

“The German government has gone so far as to claim that the ICC should not prosecute any Israeli while the war in Gaza continues because it is too difficult for Israeli prosecutors to work right now,” he said.

“That is an argument that Germany notably did not make when Putin was charged,” he added, drawing a comparison with attitudes to the arrest warrant issued for Russian President Vladimir Putin for the alleged abduction of Ukrainian children.

“More to the point, it is wrong. Military prosecutors (around) the world operate during wars.”

For Roth, waiting until the fighting has ended would only encourage further human rights violations. “No one believes that the prosecution of war crimes should wait until all fighting ceases,” he said. “That would only encourage more war crimes.”




Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. (AFP)

He added: “In any event, Israeli prosecutors have been on notice for months that Netanyahu and Gallant were being investigated for their starvation strategy in Gaza, but there has been no public notice of any Israeli investigation of them.

“That is consistent with the longstanding Israeli practice of never prosecuting senior Israeli officials.”

The arrest warrants for Netanyahu and Gallant specifically allege the two Israeli ministers bear responsibility for “starving civilians as a method of warfare” in the Gaza Strip by obstructing the delivery of humanitarian relief.




Infographic showing the drastic drop in hurelief aid entering Gaza. Israel has been accused of obstructing the entry of humanitarian relief as part of a systematic effort to starve Palestinians in the enclav. (AFP/File)

Another legal objection to the warrants concerns equating the actions of Hamas with those of Israel. The German government has rejected any comparison between the two, stressing Israel’s “right and duty to protect and defend its people.”

Nevertheless, if an arrest warrant is issued, Germany, like other ICC member states, would be legally obliged to arrest the two Israeli leaders if they were to enter the EU country.

Despite the current impediments, Roth is hopeful that justice will be delivered to the victims of the Israel-Hamas conflict.

“It may still take a month or two for the ICC judges to sort through these arguments, but I anticipate the arrest warrants will be issued in the reasonably near term,” he said.

“At that stage, no one charged will be able to travel to any of the 124 ICC member states which have a duty to arrest them. That lays a foundation of hope that we will see justice done.”
 

 


Morocco sees first mpox case in North Africa during emergency

Updated 17 sec ago
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Morocco sees first mpox case in North Africa during emergency

  • With Morocco, 15 African Union member states have reported cases — now across every region of the continent, according to Africa CDC
  • Since the beginning of the year, 26,544 cases have been reported in the 15 affected countries, 5,732 of which were confirmed

RABAT: Morocco has recorded a case of mpox in the tourist city of Marrakech, the first in north Africa since the WHO declared an international emergency last month, the Africa CDC said Friday.
“Africa CDC confirms the first mpox case in North Africa for 2024, reported by Morocco’s Ministry of Health” on September 12, a statement on the Centers for Disease Control and Prevention website said.
With Morocco, 15 African Union member states have reported cases — now across every region of the continent, according to Africa CDC.
Mpox, previously known as monkeypox, is caused by a virus transmitted to humans by infected animals but can also be passed from human to human through close physical contact.
Sometimes deadly, it causes fever, muscular aches and large boil-like skin lesions.

The 32-year-old patient from Marrakech “tested positive and is receiving treatment,” Africa CDC said.
“The Moroccan authorities have activated emergency operations, deployed a rapid response team and begun epidemiological investigations and contact tracing,” the statement added.
Morocco’s health ministry said separately that the patient was receiving care at a specialized medical center in Marrakech and was “in a stable health condition that does not give cause for concern.”
So far, nobody who has been in contact with the patient is showing symptoms, the ministry added.
The World Health Organization declared an international emergency on August 14, concerned by the surge in cases of the new Clade 1b strain in the Democratic Republic of Congo that spread to nearby countries.
Africa CDC figures show most of the cases are in Central Africa.
According to the agency, since the beginning of the year, 26,544 cases have been reported in the 15 affected countries, 5,732 of which were confirmed. It said that 724 deaths have also been reported.
 


Tunisian authorities escalate election season crackdown and arrest Islamists

Updated 14 September 2024
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Tunisian authorities escalate election season crackdown and arrest Islamists

  • The mass arrests are the latest to mar an already turbulent election season in Tunisia

TUNIS, Tunisia: Dozens of members of Tunisia’s largest opposition party were arrested this week ahead of this weekend’s formal start of the campaign season for the country’s presidential election, officials of the Islamist party said Friday.
Ennahda, the party that rose to power in the aftermath of the country’s Arab Spring, said Friday that tallies collected by its local branches suggested at least 80 men and women from the party had been apprehended as part of a countywide sweep.
In a statement, Ennahda called the arrests “an unprecedented campaign of raids and violations of the most basic rights guaranteed by law.”
Former Minister of Youth and Sports Ahmed Gaaloul, a member of the party’s executive committee and adviser to its imprisoned leader Rached Ghannouchi, said the party had counted at least 80 arrests and was in the process of checking at least 108 total. The arrests included high-ranking party officials and had continued through Friday afternoon. Among them were Mohamed Guelwi, a member of the party’s executive committee, and Mohamed Ali Boukhatim, a regional party leader from Ben Arous, a suburb of Tunis.
The mass arrests are the latest to mar an already turbulent election season in Tunisia.
With political apathy rampant and the country’s most prominent opposition figures in prison, President Kais Saied has long been expected to win a second term without significant challenge. But the past few months have seen major upheaval. Saied has sacked the majority of his cabinet and authorities have arrested more of his potential opponents. The country’s election authority made up of members he appointed has defied court orders to keep certain challengers off of the October 6 ballot.
Those moves came after months of cascading arrests of journalists, lawyers and leading civil society figures, including many critics of the president charged under a controversial anti-fake news law that human rights groups say has been increasingly used to quash criticism.
Ennahda is still in the process of confirming the nature of each of the arrests but many of those apprehended this week were previously facing charges, Gaaloul said.
The arrested included many senior members of the party involved in Tunisia’s transitional justice process, which includes Ennahda members who were tortured in the years before President Zine El Abidine Ben Ali became the first Arab dictator toppled in the 2011 Arab Spring uprisings.
Tunisia’s globally acclaimed transitional justice process is a decade-old initiative designed to help victims who suffered at the hands of the government.
Ennahda is no stranger to having party members arrested. Ghannouchi, the party’s 83-year-old leader, has been in prison since April 2023. Multiple high-ranking officials, including members of its shura council and executive committee have also been arrested over the past year. This week’s arrests are the latest since authorities arrested party secretary general Lajmi Lourimi two months ago. Though the party has for more than three years decried arrests, detentions and legal proceedings against its members, Gaaloul said it had not previously seen arrests on a scale similar to this week.
The arrests came as hundreds of Tunisians protested in the North African nation’s capital, decrying the emergence of what they called a police state ahead of the Oct. 6 election. They were roundly condemned by other parties.
“These arrests come as a sign of further narrowing and deviation? of the electoral process aiming at spreading fear and emptying the upcoming election of any chance for a real democratic competition,” Work and Accomplishment, a party led by former Ennahda member Abdellatif Mekki, said in a statement on Friday.
Mekki, who served as Tunisia’s Health Minister from 2011 to 2014, was also arrested in July on murder charges that his attorneys decried as politically motivated. Tunisia’s election authority has said it will defy an administrative court order and keep him off of next month’s ballot.
 

 


Iraqi and US forces kill a top Daesh commander and other militants in joint operation

Iraqi soldiers from the new 'desert battalion' special forces take part in a graduation ceremony in Anbar west of Baghdad. (AFP)
Updated 14 September 2024
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Iraqi and US forces kill a top Daesh commander and other militants in joint operation

  • The Daesh group seized territory at the height of its power and declared a caliphate in large parts of Iraq and Syria in 2014 but was defeated in Iraq in 2017

BAGHDAD: Iraqi forces and American troops have killed a senior commander with the Daesh group who was wanted by the United States, as well as several other prominent militants, Iraq’s military said on Friday.
The operation in Iraq’s western Anbar province began in late August, the Iraqi military said, and involved also members of the Iraqi National Intelligence Service and Iraq’s air force.
Among the dead was an Daesh commander from Tunisia, known as Abu Ali Al-Tunisi, for whom the US Treasury Department had offered $5 million for information. Also killed was Ahmad Hamed Zwein, the Daesh deputy commander in Iraq.
Despite their defeat, attacks by Daesh sleeper cells in Iraq and Syria have been on the rise over the past years, with scores of people killed or wounded.
Friday’s announcement was not the first news of the operation.
Two weeks ago, official has said that the United States military and Iraq launched a joint raid targeting suspected Daesh militants in the country’s western desert that killed at least 15 people and left seven American troops hurt.
Five of the American troops were wounded in the raid itself, while two others suffered injuries from falls during the operation. One who suffered a fall was transported out of the region, while one of the wounded was evacuated for further treatment, a US defense official said at the time, speaking on condition of anonymity to discuss details of the operation that had not yet been made public.
In Friday’s announcement, the Iraqi military said the operation also confiscated weapons and computers, smart phones and 10 explosive belts. It added that 14 Daesh commanders were identified after DNA tests were conducted. It made no mention of the 15th person killed and whether that person had also been identified.
The Daesh group seized territory at the height of its power and declared a caliphate in large parts of Iraq and Syria in 2014 but was defeated in Iraq in 2017. In March 2019, the extremists lost the last sliver of land they once controlled in eastern Syria.
At its peak, the group ruled an area half the size of the United Kingdom where it enforced its extreme interpretation of Islam, which included attacks on religious minority groups and harsh punishment of Muslims deemed to be apostates.
Despite their defeat, attacks by Daesh sleeper cells in Iraq and Syria have been on the rise over the past years, killing and wounding scores of people.
The US military has not commented on the August raid.
Earlier Friday, the US Central Command said its forces killed an Daesh attack cell member in a strike in eastern Syria. It added that the individual was planting an improvised explosive device for a planned attack against anti-Daesh coalition forces and their partners, an apparent reference to Syria’s Kurdish-led Syrian Democratic Forces.
In August last year, the US had agreed to enter into talks to transition US and anti-Daesh coalition forces from their long-standing role in assisting Iraq in combating Daesh. There are approximately 2,500 US troops in the country, and their departure will take into account the security situation on the ground, and the capabilities of the Iraqi armed forces.

 


UN official says the war in Sudan is ‘one of the ugliest’ she has ever seen

Updated 14 September 2024
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UN official says the war in Sudan is ‘one of the ugliest’ she has ever seen

  • ‘The conflict is driving a stake into the heart of Sudan,’ UN Population Fund’s Laila Baker tells Arab News
  • It is a war on all civilians and women are bearing the heaviest brunt, she adds

NEW YORK CITY: A UN official on Friday described the situation in war-torn Sudan as “one of the ugliest” she has ever witnessed, with more than 26 million people facing acute hunger and millions of displaced women and girls deprived of their most essential needs.

Speaking after a visit to the country, Laila Baker, the Arab States regional director at the UN Population Fund, said: “We all know that war is ugly but this is one of the ugliest situations that I have ever witnessed in my entire life, certainly in my professional one.”

After 500 “devastating days” of conflict, Baker painted a dire picture of thousands of displaced women packed into a crowded shelter.

“They have no clean water, no hygiene, not enough food for their next meal, no medical care,” she said.

The UN said in August said famine conditions were officially confirmed in the Zamzam camp for displaced persons, located close to El-Fasher, the capital of North Darfur, where one child is dying every two hours from malnutrition. Famine is probably also present in several other camps for displaced people in and around the city, the organization said.

War has been raging in the country for more than a year between rival factions of its military government: the Sudanese Armed Forces, under Gen. Abdel Fattah Al-Burhan, and the paramilitary Rapid Support Forces, led by Mohammed Hamdan Dagalo, commonly known as Hemedti.

More than 19,000 people have been killed since the conflict began in April 2023. The war has also created the worst displacement crisis in the world, as more than 10 million have fled their homes to other parts of the country or neighboring nations.

Baker choked back tears as she recounted the “horrendous” story of a 20-year old woman named Sana who was raped and has been suffering in silence for 15 months, when “she should be at the prime of her vibrancy and life.”

Speaking from Amman in Jordan, Baker said the UN is attempting to help deal with needs in Sudan that are “far greater than what the international community can cope with.”

She added: “But what pains me the most is that in a country that once was the breadbasket of the entire continent, producing wheat that they could distribute across Africa, half of the population — slightly over half of the population, 26 million people strong — are now facing famine.

“Of the 600,000 pregnant women, 18,000 are likely to die as a result of that famine. They don’t know where their next meal is going to come from.

“Let me be clear: This is a war on all of the civilians. It’s not just the women and girls but if you take the complications of conflict — loss, both material and human; the devastation of being displaced; losing your loved ones; and where there is widespread sexual violence — you can understand that we are very concerned at (the Population Fund) about the consequences, both immediate and long-term, on the women and girls of Sudan.”

Aid workers continue to face harassment, attacks and even death, aid convoys delivering food, medicine and fuel have been looted, and humanitarian access continues to be obstructed. A recent escalation of fighting in Sennar has caused further blocking of the southern route that was the main cross-lines option for UN deliveries of humanitarian aid from Port Sudan to Kordofan and Darfur.

The UN has been calling for speedy approvals and security assurances so that its workers can deliver life-saving supplies, including essential medicines, nutritional aid, water-purification tablets and soap, from Port Sudan to Zamzam and other areas in need.

Baker again emphasized the urgent need for unimpeded humanitarian access in a country where only one-in-four medical facilities are still functioning, 80 percent of the healthcare system has been damaged or destroyed, and where large areas of the country, especially in the west, are completely unsafe for humanitarian work.

Asked by Arab News what message she would send to the leaders of the warring factions, Baker said: “I would say to the generals, and everyone else who's involved in this conflict and who can bring hostilities to a halt: the sooner, the better for everyone involved. Let peace flourish. Let it have a chance.

“The conflict is driving a stake into the heart of Sudan. No one prospers under this situation, least of all the women and girls.”


On tour of war-scarred Gaza, Israel army renews vow to save hostages

Updated 14 September 2024
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On tour of war-scarred Gaza, Israel army renews vow to save hostages

  • Israel has killed at least 41,118 people in Gaza, according to the territory’s health ministry

RAFAH, Palestinian Territories: The Israeli army will use all means to bring back hostages still held in Gaza, its spokesman told a group of foreign journalists on Friday in the war-scarred city of Rafah.
“We need to do everything, everything we can, in all means, to bring them back home,” military spokesman Daniel Hagari told the journalists embedded with the Israeli army.
“This is one of the goals of the war, and we will achieve it.”
Rear Admiral Hagari was speaking in front of a shaft in the Tel Al-Sultan neighborhood of Rafah that connects to a tunnel where Israel says Hamas shot dead six hostages late last month.
Their deaths spurred an outpouring of grief in Israel as well as anger at the government, which critics say is not doing enough to reach a deal that would end the war in Gaza and secure the remaining hostages’ release.
The war was triggered by Hamas’s unprecedented attack on Israel, which resulted in the deaths of 1,205 people, mostly civilians, according to an AFP tally based on Israeli official figures. The count includes hostages killed in captivity.
The militants also seized 251 hostages, 97 of whom are still in Gaza, including 33 the Israeli military says are dead.
Israel’s retaliation has killed at least 41,118 people in Gaza, according to the territory’s health ministry. The UN human rights office says most of the dead have been women or children.
Israel has denied independent access to Gaza for international media during the war, now in its 12th month.
Rafah, in the far south of Gaza, has been hit hard by the fighting, and AFPTV footage on Friday showed streets lined with the bombed-out shells of buildings, many partially collapsed with rubble spilling into the streets.
Hagari said the destruction was intended to wipe out the network of tunnels under the city.
“You have a maze of tunnels here, a maze of tunnels here in Rafah, underneath the houses. This is why the destruction,” he said.
“There is even not one point left without a tunnel here in Rafah.
“In order to defeat (Hamas) we need to take control of this underground system.”
The army also showed journalists the Philadelphi Corridor, a narrow strip of land that has emerged as a key sticking point in talks toward a possible ceasefire mediated by Egypt, Qatar and the United States.
Israeli Prime Minister Benjamin Netanyahu said last week that retaining control of the corridor was important to stop any arms smuggling into Gaza from Egypt.
Hamas is demanding a complete Israeli withdrawal from the territory.