Should top Israeli political and military leaders be tried for war crimes in the Hague?
Gulliver 2009/02/09 09:13:26
The following is an excerpt from Stephen Lendman's article:
Francis Boyle is a law professor, human rights expert, and former legal advisor to the Palestinian Delegation to the Middle East Peace Negotiations leading to the 1993 Oslo Accords. He elaborates on "different degrees of heinousness for war crimes." More serious are "grave breaches" of the Fourth Geneva Convention. Since the First Intifada (1987), "the world has seen those heinous war crimes inflicted every day by Israel against the Palestinian people living in occupied Palestine" - by Israeli forces and illegal settlers. Fourth Geneva mandates their prosecution, "including and especially Israel's political leaders."
"Crimes against humanity" are also committed "as determined by the UN Human Rights Commission....The concept" is from the 1945 Nuremberg Charter, drafted by America to try Nazi war criminals. These crimes include:
"murder, extermination, enslavement, deportation, and other inhumane acts committed against a civilian population, before or during the war, or prosecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated." Israel is criminally liable for committing them. So is America as a co-conspirator.
Nuremberg is the "historical and legal precursor to the international crime of genocide as defined by the 1948 Genocide Convention." It's very specific and includes killing; causing serious bodily or mental harm; and destroying a group "in whole or in part."
Since late 1947, Israel's "final solution" has been the total annihilation and/or displacement of the Palestinian people:
"For at least the past six decades, the Israeli government and its predecessors-in-law - the Zionist agencies, forces, and terrorist gangs - have ruthlessly implemented a systematic and comprehensive military, political, and economic campaign with the intent to destroy in substantial part the national, ethnical, racial, and different religious (mix of Muslims and Christians) constituting the Palestinian people....(This US - Israeli) campaign (is designed to destroy them) in violation of Article II(c) of the Genocide Convention."
Its Article I "requires all contracting parties....'to prevent and to punish' genocide. Yet to the contrary," Israel's genocidal wars on Palestine have "been financed, armed, equipped, supplied and politically supported by the (Judeo - Christian) United States" - even though America is a contracting party to Nuremberg, Geneva, and the UN Charter that prohibit such practices.
Nor did Washington and the international community demand "humanitarian intervention" to stop Israeli aggression and protect a defenseless people. America funds the Israeli killing machine. It can as easily de-fund it and halt the violence. Boyle calls failure to do it "dishumanitarian intervention (or) humanitarian extermination" by the US and Israel "against the Palestinians and Palestine."
Through his efforts, on January 13, the Malaysia Star reported a "special (Malaysian) Parliament session" voted for Israel to be brought before a UN-sanctioned international war crimes tribunal "for its atrocities and violence on the Palestinian people."
It also expressed "disappointment" that the international community and Security Council failed to halt the attacks. Prime Minister Datuk Seri Abdullah Ahmad Badawi said "resolutions would be presented to the relevant parliaments, the United States Congress and the European Parliament."
Abdullah called for Malaysians to unite "against the inhumane actions of the Zionist regime. The attacks by Israel have contravened international laws and such actions are deemed war crimes...."
Abdullah said his call for a special UN session to condemn Israel was boosted when the General Assembly agreed to hold one to urge the Security Council to act. It did not because "Israel didn't want it," and America supports Israel. It also rejects the legitimately elected Hamas government, and it lets Israel "kill children, the elderly, women, and other innocent ordinary people..."
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