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The International Criminal Court's Moment of Truth

By William A. Levinson
8/12/2014, 7:08 PM

The International Criminal Court Must Now Defend its Very Legitimacy

"Do it but don't tell me about it" means that an authority figure such as a king, mayor, or, in this case, the International Criminal Court, can get away with ignoring a wrong as long as nobody can prove that he or it knew about it. The instant he knows about it officially, he is in real trouble. Examples are as follows:

  • In the movie Alexander the Great (with Richard Burton), a friend of Alexander's kills Alexander's father, Philip II. When Alexander confronts the man, he smiles as if he expects Alexander to reward him for making him King. Alexander runs him through on the spot because, if he allowed even the hint that he was complicit in his father's murder, his people would reject his leadership and probably kill him as a parricide.
  • In Shakespeare's King Richard II, the man who has murdered Richard presents himself to Henry Bolingbroke (later Henry IV) to obtain a reward. Bolingbroke replies, "Exton, I thank thee not; for thou hast wrought/ A deed of slander with thy fatal hand/ Upon my head and all this famous land." That is, "How could you possibly be so stupid as to make your deed public, and suggest that I was remotely connected to it?" Then he adds, "The guilt of conscience take thou for thy labour [you will have no reward from me] / But neither my good word nor princely favour/ With Cain go wander through shades of night/ And never show thy head by day nor light." Had Exton kept his mouth shut, Bolingbroke would probably have rewarded him quietly but, the instant he made the new King a party to regicide, Bolingbroke could no longer tolerate him.
  • The anti-Second Amendment Million Mom March was told to leave its taxpayer-funded office in a public hospital after a certified letter was sent to the mayor with objective evidence that the group was promoting political candidates, which is an inappropriate use of taxpayer money. The mayor, who was friendly to the Million March's agenda, doubtlessly knew about it, but he didn't "know" until he received the letter.

I have, as shown below, placed the International Criminal Court (ICC) in a position where, if it fails to act on clear objective evidence of war crimes by Hamas and the United Nations, it will lose all its moral authority. If the ICC tries to prosecute Israelis (or Americans) for so-called war crimes, these countries can refuse to comply while pointing to the ICC's failure to address proven crimes against humanity as evidence of incompetence at best, and probably willful dishonesty and even corruption. Anybody is free to ignore a corrupt police officer, judge, or court, and treat him or it with willful and deliberate contempt.

Corruption is, in fact, the only rational explanation for the United Nations' one-sided attacks on Israel. As stated in Romeo and Juliet, "I do not bite my thumb at you, Sir, but I do bite my thumb." I am certainly not going to accuse any specific individual of taking bribes from Islamist militants but, per Occam's Razor, corruption is the simplest and most rational explanation for the UN's behavior. The UN's actions do not, in the absence of this explanation, make any sense whatsoever. This leads to the question as to whether U.S. taxpayers should be funding a corrupt and, as shown below, criminal enterprise.

The ICC Now Knows. What is it Going to Do?

Here is a complaint I sent to the ICC on August 11, 2014 (originally posted at The American Thinker). E-mail is as good as certified mail for proof of delivery because it shows when it was sent, by who it was sent, and to whom it was sent. I will be happy to forward to the IDF (its posted E-mail contact address  idfnewmedia "at: idfspokesperson.com does not work) and the editors of Arutz Sheva the E-mail with its full headers as what could constitute legal proof that this complaint was sent to the ICC. (I have replaced the @ in the ICC's E-mail with "at" to prevent spammers from harvesting the E-mail address. Also, my address and phone number were given in the original.)

To: Information and Evidence Unit
        Office of the Prosecutor
        Post Office Box 19519
        2500 CM The Hague
        The Netherlands otp.informationdesk "at" icc-cpi.int

Please regard both of these items as formal complaints of war crimes against Hamas, and also the United Nations if it willfully allowed Hamas to use its ambulance to shield and transport combatants and weapons.

COMPLAINT 1. Article 8 (War Crimes) of the Rome Statue, item 2(b)(vii)

This video (http://youtu.be/sRmYYSp0-B8)  is evidence of a war crime in which armed combatants use a United Nations ambulance. The armed combatants can be seen very plainly getting into the emergency vehicle, with “UN” on its back. The Red Cross also is visible on the side of the vehicle and also (roughly at 35 seconds) what looks  like the Red Crescent. If the UN knowingly and willfully allowed its ambulance to be used for this purpose, it also has committed a war crime.

Please regard this as an official complaint under Article 8 (War Crimes) of the Rome Statue, item 2(b)(vii),  “Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;”

COMPLAINT 2. Article 8 (War Crimes) of the Rome Statue, item 2(b)(xxiii)

2(b)(xxiii) cites “Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations” as a war crime subject to the ICC’s jurisdiction. http://nypost.com/2014/08/05/hamas-manual-details-civilian-death-plan-israel/

“The Israeli military said it has captured a Hamas manual on urban warfare — called “Introduction to the City War” — that extols the benefits of civilian deaths and openly admits that Israel tries to avoid them.” http://www.wiesenthal.com/site/apps/nlnet/content.aspx?c=lsKWLbPJLnF&b=8776547&ct=14144177 adds,

In a portion entitled “Limiting the Use of Weapons,” the manual explains that:

The soldiers and commanders (of the IDF) must limit their use of weapons and tactics that lead to the harm and unnecessary loss of people and [destruction of] civilian facilities. It is difficult for them to get the most use out of their firearms, especially of supporting fire [e.g. artillery].

Clearly Hamas knows the IDF will limit its use of weapons in order to avoid harming civilians, including refraining from using larger firepower to support for infantry.

The manual goes on to explain that the “presence of civilians are pockets of resistance” that cause three major problems for advancing troops:

(1) Problems with opening fire
(2) Problems in controlling the civilian population during operations and afterward
(3) Assurance of supplying medical care to civilians who need it

Lastly, the manual discusses the benefits for Hamas when civilian homes are destroyed:

The destruction of civilian homes: This increases the hatred of the citizens towards the attackers [the IDF] and increases their gathering [support] around the city defenders (resistance forces[i.e. Hamas]).

The Israeli Defense Forces (I have copied them on this E-mail) have the entire manual, which is in Arabic. It sounds like Hamas has just put into writing the fact that it has committed a war crime as defined by Article 8 of the Rome Statue, item 2(b)(xxiii)

William A. Levinson

War Crimes Involving the Use of UN Facilities to Conceal Weapons, Tunnels, and Booby Traps

I sent the following today (August 12 2014):

To: Information and Evidence Unit

        Office of the Prosecutor
        Post Office Box 19519
        2500 CM The Hague
        The Netherlands otp.informationdesk "at" icc-cpi.int

The first item is a formal complaint of a war crime by Hamas, and also the United Nations if it willfully allowed Hamas to booby-trap a United Nations Relief and Works Agency facility to kill three Israeli soldiers. The second item is a formal complaint of a war crime by the United Nations, for giving material support to a belligerent (Hamas) under color of neutrality.

COMPLAINT 1. Article 8 (War Crimes) of the Rome Statute, item 2(b)(vii) and (xi)

“Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury” and also “Killing or wounding treacherously individuals belonging to the hostile nation or army;”

Booby-Trapped Explosives Built into Walls of UNRWA Clinic (/News/News.aspx/183566#.U-pElWMYf4Y) reports,

New details have emerged about the booby-trapped clinic explosion that killed three IDF Maglan unit soldiers in Gaza earlier this week - Sergeant First Class Matan Gottlieb, 21, from Rishon LeZion; Sergeant First Class Omar Chai, 21, from Savion; and Sergeant First Class Guy Algranati, 20, of Tel Aviv, hy"d.

Over eighty kilograms of explosives were built into the UN-funded hospital's walls themselves, it was cleared for publication Thursday - revealing that the clinic itself was built to mask, and perform, potential acts of terror on the IDF.

Moreover, the clinic was built over tens of terror tunnels, according to the report.

It is therefore an objective fact that (1) terrorists made improper use of the flag or insignia of the United Nations and that (2) death or serious injury resulted. If UNRWA knew and tolerated Hamas’ use of its flag or insignia to conceal booby traps and/or tunnels, then UNRWA is an accomplice to this war crime.

COMPLAINT 2. Article 8 (War Crimes) of the Rome Statute, item 2(b)(vii)

“Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury”

“UNRWA Gives Rockets to Hamas” /News/News.aspx/183089#.U-pHR2MYf4Y reports,

The UN agency for Palestinian Arab “refugees,” UNRWA, has caused outrage by apparently giving rockets to Hamas.

On Thursday, UNRWA confirmed that 20 rockets had been found in one of its vacant schools in Gaza.

UNRWA staff said last week that they had “informed the relevant parties and successfully took all necessary measures for the removal of the objects.”

However, Channel 2 reports Sunday that - rather than destroying the rockets - UNRWA workers called Hamas to come remove them.

This means that UNRWA used the flag or insignia of the United Nations to conceal munitions on behalf of a belligerent, thus abusing its neutrality. It turned these weapons over to Hamas with the full knowledge that Hamas would use them to kill or maim Israeli soldiers, and also civilians. If this allegation is proven, UNRWA also committed a felony under U.S. law by providing material support (weapons) to a Foreign Terrorist Organization (FTO).

William A. Levinson

The ICC almost certainly knew about these things in the past, but it didn't "know" about them until now. Now the ICC knows, and its action or inaction will show unequivocally whether it is fit to enforce international law, and prosecute crimes against humanity.