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ICC: Where International Law is a Slogan?

By William A. Levinson
8/15/2014, 12:08 AM

Terrorist sympathizers have threatened repeatedly to "twist things" and use legal maneuvers to drag Israel before the International Criminal Court, and the UN wants to investigate Israel for purported war crimes. As stated by King Henry V,

The mercy that was quick in us but late,
By your own counsel is suppress'd and kill'd:
You must not dare, for shame, to talk of mercy;
For your own reasons turn into your bosoms,
As dogs upon their masters, worrying you.

We are now going to put this into practice with regard to the terrorists, and the United Nations itself.

The International Criminal Court's Web page says in part,

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

Numerous post-World War II genocides, including ISIS's current genocide of Christians in Iraq and Syria, have made it emphatically clear that, at least as far as the United Nations is concerned, "Never Again" is a slogan. I, and now the Simon Wiesenthal Center, have presented the ICC with a situation in which it must demonstrate whether the words shown above mean anything, or whether they also are a slogan.

The International Criminal Court's Moment of Truth makes it a matter of record that the ICC knows about four war crimes, as defined by the Rome Statute, in which Hamas and/or the United Nations were both complicit. The Simon Wiesenthal Center just sent UN Secretary General Ban Ki Moon a list of nineteen additional war crimes by Hamas and/or the United Nations. Each allegation cites the relevant provision of the Rome Statute. The Wiesenthal letter cites explicitly Hamas' use of UN and UNRWA facilities to support terroristic violence, which makes the UN a party to the war crimes if it knowingly and willfully allowed this to happen.

I forwarded this letter to the ICC, cc: the Wiesenthal Center, to put it on record that the ICC now knows officially about these additional flagrant violations of international law. It is now up to the ICC to decide whether the laws it says it upholds apply to everybody, or whether there are exceptions for the United Nations and militant "Islamic" terrorists. The instant there are exceptions, the ICC will lose all credibility. Here is the E-mail, with the Wiesenthal Center letter attached as a .pdf file.

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

cc: Simon Wiesenthal Center, also posted on the Internet.

I previously sent the Office of the Prosecutor four specific complaints of war crimes by Hamas, and also by the United Nations for giving material support to Hamas (thus abusing its status as a neutral) and also if it willfully allowed Hamas to booby-trap a United Nations Relief and Works Agency facility to kill three Israeli soldiers. It is now a matter of record that the ICC is officially aware of the Simon Wiesenthal Center’s credible allegations of nineteen additional war crimes by Hamas. I am also copying the Wiesenthal Center to put it on record that the ICC has been made aware of the four war crimes shown below.

COMPLAINT 1. Article 8 (War Crimes) of the Rome Statute, 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 Statute, 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)

COMPLAINT 3. 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 4. 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).

UPDATE: The ICC did acknowledge receipt of the complaint on August 18