Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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Combo image showing Palestinians reeling from the impact of the Israeli bombardment of their homes in Rafah, in the southern Gaza Strip, on May 28, 2024, as the Netanyahu government ignored pleas by the UN and Israel's own allies not to invade the enclave to spare civilians of more sufferings. (REUTERS photos)
Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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=Israeli soldiers gather near the border with the Gaza Strip in Israel after their return from the Gaza Strip on December 31, 2023. (AFP)
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Updated 30 May 2024
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Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
  • International Criminal Court chief prosecutor Karim Khan hopes to bring senior Israeli and Hamas leaders to trial
  • Some experts think the move is intended to nudge the warring parties toward a hostage deal and a ceasefire

LONDON: By applying for arrest warrants for senior Israeli ministers and Hamas commanders, Karim Khan, prosecutor at the International Criminal Court, has thrust the court itself into the spotlight, raising questions about the move’s likelihood of success and timing.

Calling it “totally absurd” and “a travesty of justice,” Israel’s Prime Minister Benjamin Netanyahu slammed Khan’s decision to seek arrest warrants against him and Defense Minister Yoav Gallant, together with several Hamas commanders, for war crimes.




A protester shows a sign bearing portraits of Israeli Prime Minister Benjamin Netanyahu transformed to Nazi Germany's leader Adolf Hitler during a demonstration called by French organization "France Palestine Solidarite" in Paris, on May 27, 2024. (AFP)

For his part, Gallant labeled the proposed warrants against him and his prime minister as “disgraceful,” claiming that it was motivated by a desire to reverse the foundation of the state of Israel.

Considering the scant likelihood in this case of an ICC arrest warrant being acted upon — a move Hassan Imran, a senior legal adviser at human rights organization Law for Palestine, told Arab News would be “precedent-making” — it raises the question: What is motivating Khan?




Exterior view of the International Criminal Court in The Hague, Netherlands, on April 30, 2024.  (AP/File) 

Julie Norman, a senior associate fellow at the London-based Royal United Services Institute, believes the proposed arrest warrants could be intended to nudge the warring parties toward a deal.

“Supporters of the move are hoping the charges will add pressure for both sides to end the conflict, for Hamas to release the hostages, and for Israel to increase access to humanitarian aid in Gaza,” said Norman.

Although some have said the ICC’s action would complicate any ceasefire negotiations, Mark Kersten, assistant professor of criminal justice and criminology at Canada’s University of the Fraser Valley, told a Middle Eastern news outlet that “complicated” did not necessarily equate to “worse” negotiations.

FASTFACTS

• The International Criminal Court is an intergovernmental organization and tribunal seat in The Hague, Netherlands.

• The ICC is distinct from the International Court of Justice, a UN organ that hears disputes between states.

• The ICC was established in 2002 in a follow-up of the multilateral Rome Statute.

“Take Colombia, where the ICC had a decade-long preliminary examination,” he said. “Accountability processes negotiated during the peace process there translated into meaningful justice for many of the wartime atrocities committed by the government and the rebels.

“Moreover, for the ICC to undermine negotiations, there must be a realistic prospect of a peace process. If such negotiations do not exist, the claim that pursuing accountability will ruin them is likely a red herring — an argument intended to shield the perpetrators of atrocities.”




Palestinians gather at the site of an Israeli strike on a camp area housing internally displaced people in Rafah on May 27. (AFP)

Khan’s request has gone to the ICC’s pre-trial chamber, where it will now be down to the three sitting judges — Romania’s Iulia Motoc, Benin’s Reine Alapini-Gansou, and France’s Nicolas Guillou — to determine whether to take action or not.

After seven months of fact-finding, lawyers believe Khan’s case is strong: Netanyahu and Gallant have been accused of using starvation as a weapon of war, willfully causing suffering, willfully killing, intentionally attacking civilian populations, extermination and persecution.

Sergey Vasiliev, associate professor of law at the University of Amsterdam, told Turkiye’s Anadolu news agency that the ICC judges now have to decide whether there are reasonable grounds the accused committed the crimes and if an arrest, as opposed to a summons, is necessary.

“I expect the judges to grant the request. I assume the investigation has been conducted thoroughly over the past seven months, the evidence amply sufficient to meet the threshold and it to be a concise yet compelling legal narrative,” said Vasiliev. 




Judges of the committee of the International Criminal Court Committee are assembled at the ICC headquarters in The Hague, Netherlands. (ICC file photo)

Justifying his position, Vasiliev said the standard for “reasonable grounds” was not as demanding as the more onerous “substantial grounds to believe,” adding that applications for arrest warrants were not “generally expected to provide elaborate analysis of the evidence.”

As to the timeline, some commentators expect the judges will make their decision in the near future.

“I think it is a matter of days until we know if the arrest warrants will be issued and then all 124 states that are members of the court are obligated to take action on them,” Gershon Baskin, Middle East director at the International Communities Organization, told Arab News. 




Children enjoy the luxury of riding atop a vehicle as many other Palestinians travel on foot along with their belongings to flee Rafah on May 28, 2024 , due to an Israeli military operation on May 28, 2024. (REUTERS)

Given that the ICC neither carries out arrests nor tries people in absentia, the question then becomes one of enforcement. There has been little sign of Israel handing over its own people, with Gallant stressing “it is not a party and does not recognize its authority.”

Nor do Gallant and Netanyahu have to worry about the US turning them over to the ICC. Khan’s move has engendered a rare moment of concord across the aisle, with Republican Sen. Lindsey Graham pushing to censure the ICC.

Graham received a positive response from Secretary of State Antony Blinken after asking: “I want to take actions, not just words. Will you support a bipartisan effort to sanction the ICC — not only for the outrage against Israel but to protect, in the future, our own interests?”




US Senator Lindsey Graham (R-SC) gives a statement to the press during his visit in Tel Aviv, Israel, on May 29, 2024. (REUTERS)

Catching some off-guard, particularly given its vocal support for Israel and having echoed other European states in describing the ICC move as “deeply unhelpful,” Chancellor Olaf Scholz confirmed Germany would not defy an ICC arrest warrant were one to be issued.

On Monday, Israel’s Attorney General Gali Baharav-Miara said Israel’s legal system is actively investigating allegations of possible criminal misconduct during the war in Gaza and that Khan’s request for arrest warrants was therefore hasty and inappropriate. 

“The states that established the court saw it as a tool for dealing with situations where there is ‘no law and no judge.’ That is not our situation,” Baharav-Miara told a conference of the Israel Bar Association.

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“It would have been more correct for the prosecutor to wait until the internal state procedures were completed before making a decision. It would have been right to give the state of Israel a fair opportunity in this regard.”

Julia Roknifard, an assistant professor at the University of Nottingham’s School of Politics, History, and International Relations, says that in all likelihood, the ICC will not see a case actioned given the lack of jurisdiction it has over Israel itself.

“Netanyahu liked to travel to the US, but I don’t think he is welcome there now, and I don’t think he is in the mood right now to travel at all, so I think it is very unlikely that we would see an arrest were a warrant issued,” Roknifard told Arab News.

Echoing Roknifard, Baskin said it was highly unlikely that Gallant and Netanyahu would travel to any country in which they had any concern of being arrested and handed over to the ICC, describing warrants as “kind of a moot point.”

Roknifard does not believe Khan is pursuing warrants for mere symbolic reasons. “I wouldn’t read into the ICC motion more than it is supposed to be — to charge individuals with the crimes they have (allegedly) committed,” she said




International Criminal Court Prosecutor Karim Khan. (AFP)

Instead, like Imran, Roknifard touts the importance of the case brought by South Africa to the International Court of Justice, which last week ordered Israel to cease its offensive in Rafah — an order that Israel has ignored.

Commenting on Khan’s proposed arrest warrants, Imran said he saw it as less about a particular case and more about the future, or lack thereof, of the ICC.

“European states, I think, now have to make a choice between the institutions they have been supporting financially and their calls for a rules-based order modeled around international law and their support for Israel,” Imran told Arab News.

“We have seen many of them criticize the court in the wake of Khan’s announcement, and now we see some stating they will respect the decision, but it’s hard to tell what they will do were Netanyahu to actually travel to their territory with an arrest warrant out for him.

“Some will try and beat around the bush. But if they did not apply the decision, they would be essentially disowning this international institution and basically disintegrating the ICC and, if they do, that means they will have to change their policy goals.”
 

 


Syria’s ‘Caesar’ whistleblower unveils identity

Syria’s ‘Caesar’ whistleblower unveils identity
Updated 07 February 2025
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Syria’s ‘Caesar’ whistleblower unveils identity

Syria’s ‘Caesar’ whistleblower unveils identity
  • First Lt. Farid Al-Madhan was the former head of the forensic evidence department at the military police in Damascus

BEIRUT: A Syrian whistleblower, who smuggled tens of thousands of pictures depicting torture under Bashar Assad, on Thursday revealed his identity for the first time, two months after the longtime ruler was toppled.
“I am First Lt. Farid Al-Madhan, the (former) head of the forensic evidence department at the military police in Damascus, known as Caesar,” he said in a televised interview with Qatari broadcaster Al Jazeera.
Identified at the time only as a Syrian military photographer under the pseudonym Caesar, he had fled the country in 2013, taking with him some 55,000 graphic images taken between 2011 and 2013.
Describing himself during the interview as a “son of a free Syria,” he said he was from the city of Daraa, “the cradle of the Syrian revolution.”
Following the outbreak of Syria’s civil war in 2011 with the brutal repression of anti-government protests, he said he was tasked with “taking pictures of victims of detention.”
These included “old men, women and children, who were detained at security checkpoints in Damascus, and from protest squares that called for freedom and dignity,” said Madhan, who added that he currently resides in France.
“They were detained, tortured and killed in bloody, systematic ways and their bodies were transferred to military morgues to be photographed and taken to mass graves,” he continued.
He said he postponed his defection from the government forces and fleeing the country in order to be able to “collect the largest number of pictures documenting and incriminating the Syrian regime apparatuses of committing crimes against humanity.”
He said the pictures were smuggled in a flash drive that he sometimes hid in his socks or a bundle of bread to escape government security checkpoints or those of the opposition.
The photos, authenticated by experts, show corpses tortured and starved to death in Syrian prisons.
Some people had their eyes gouged out. The photos showed emaciated bodies, people with wounds on the back or stomach, and also a picture of hundreds of corpses in a shed surrounded by plastic bags used for burials.
Assad’s government said only that the pictures were “political.”
But Caesar testified to a US Congress committee and his photographs inspired a 2020 US law which imposed economic sanctions on Syria and judicial proceedings in Europe against Assad’s entourage.
Germany, the Netherlands and France have since 2022 convicted several top officials from the Syrian intelligence service and militias.


Doubling down on his proposal, Trump says Israel would hand over Gaza to the US after fighting is over

Doubling down on his proposal, Trump says Israel would hand over Gaza to the US after fighting is over
Updated 07 February 2025
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Doubling down on his proposal, Trump says Israel would hand over Gaza to the US after fighting is over

Doubling down on his proposal, Trump says Israel would hand over Gaza to the US after fighting is over
  • No American troops would be needed on the ground, the US president wrote his Truth Social web platform
  • Israel’s defense chief suggests Spain, Ireland, Norway, and others opposed to military operations in Gaza should take in the Palestinians
  • Trump’s top diplomat said that people would have to live elsewhere while Gaza was being rebuilt

JERUSALEM/WASHINGTON: US President Donald Trump said on Thursday Israel would hand over Gaza to the United States after fighting was over and the enclave’s population was already resettled elsewhere, which he said meant no US troops would be needed on the ground.
A day after worldwide condemnation of Trump’s announcement that he aimed to take over and develop the Gaza Strip into the “Riviera of the Middle East,” Israel ordered its army to prepare to allow the “voluntary departure” of Gaza Palestinians.
Trump, who had previously declined to rule out deploying US troops to the small coastal territory, clarified his idea in comments on his Truth Social web platform.
“The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting,” he said. Palestinians “would have already been resettled in far safer and more beautiful communities, with new and modern homes, in the region.” He added: “No soldiers by the US would be needed!“
Earlier, amid a tide of support in Israel for what Prime Minister Benjamin Netanyahu called Trump’s “remarkable” proposal, Defense Minister Israel Katz said he had ordered the army to prepare a plan to allow Gaza residents who wished to leave to exit the enclave voluntarily.
“I welcome President Trump’s bold plan. Gaza residents should be allowed the freedom to leave and emigrate, as is the norm around the world,” Katz said on X.
He said his plan would include exit options via land crossings, as well as special arrangements for departure by sea and air.
Trump, a real-estate-developer-turned-politician, sparked anger around the Middle East with his unexpected announcement on Tuesday, just as Israel and Hamas were expected to begin talks in Doha on the second stage of a ceasefire deal for Gaza, intended to open the way for a full withdrawal of Israeli forces, a further release of hostages and an end to a nearly 16-month-old war.

Regional heavyweight Saudi Arabia rebuffed the proposal outright and Jordan’s King Abdullah, who will meet Trump at the White House next week, said on Wednesday he rejected any attempts to annex land and displace Palestinians.
Egypt also weighed in, saying it would not be part of any proposal to displace Palestinians from neighboring Gaza, where residents reacted with fury to the suggestion.
“We will not sell our land for you, real estate developer. We are hungry, homeless, and desperate but we are not collaborators,” said Abdel Ghani, a father of four living with his family in the ruins of their Gaza City home. “If (Trump) wants to help, let him come and rebuild for us here.”
It was unclear whether Trump would go ahead with his proposal or, in keeping with his self-image as a shrewd dealmaker, has simply laid out an extreme position as a bargaining tactic. His first term in 2017-21 was replete with what critics said were over-the-top foreign policy pronouncements, many of which were never implemented.
US Secretary of State Marco Rubio told reporters on Thursday that people would have to live elsewhere while Gaza was rebuilt. He did not say whether they would be able to return under Trump’s plan to develop the enclave, home to more than 2 million Palestinians.
Axios reported Rubio planned to visit the Middle East in mid-February with an itinerary that includes Israel, the United Arab Emirates and Saudi Arabia.

Displacement
What effect Trump’s shock proposal may have on the ceasefire talks remains unclear. Only 13 of a group of 33 Israeli hostages due for release in the first phase have so far been returned, with three more due to come out on Saturday. Five Thai hostages have also been released.
Hamas official Basem Naim accused Israel’s defense minister of trying to cover up “for a state that has failed to achieve any of its objectives in the war on Gaza,” and said Palestinians are too attached to their land to ever leave.
Displacement of Palestinians has been one of the most sensitive issues in the Middle East for decades. Forced or coerced displacement of a population under military occupation is a war crime, banned under the 1949 Geneva Conventions.

Details of how any such plan might work have been vague. Israeli Foreign Minister Gideon Saar said different thinking was needed on Gaza’s future but that any departures would have to be voluntary and states would have to be willing to take them.
“We don’t have details yet, but we can talk about principles,” Saar told a press conference with his Italian counterpart Antonio Tajani. “Everything must be based on the free will of (the) individual and, on the other hand, of a will of a state that is ready to absorb,” he said.
A number of far-right Israeli politicians have openly called for Palestinians to be moved from Gaza and there was strong support for Trump’s push among both security hawks and the Jewish settler movement, which wants to reclaim land in Gaza used for Jewish settlements until 2005.
Giora Eiland, an Israeli former general who attracted wide attention in an earlier stage of the war with his “Generals’ Plan” for a forced displacement of people from northern Gaza, said Trump’s plan was logical and aid should not be allowed to reach displaced people returning to northern Gaza.
Israel’s military campaign has killed tens of thousands of people since Hamas’ October 7, 2023, cross-border attack on Israel touched off the war, and has forced Palestinians to repeatedly move around within Gaza in search of safety.
But many say they will never leave the enclave because they fear permanent displacement, like the “Nakba,” or catastrophe, when hundreds of thousands were dispossessed from homes in the war at the birth of the state of Israel in 1948.
Katz said countries that have opposed Israel’s military operations in Gaza should take in the Palestinians.
“Countries like Spain, Ireland, Norway, and others, which have levelled accusations and false claims against Israel over its actions in Gaza, are legally obligated to allow any Gaza resident to enter their territories,” he said.


Morocco foils 78,685 migrant attempts to reach Europe in 2024

Morocco foils 78,685 migrant attempts to reach Europe in 2024
Updated 06 February 2025
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Morocco foils 78,685 migrant attempts to reach Europe in 2024

Morocco foils 78,685 migrant attempts to reach Europe in 2024

RABAT: Morocco stopped 78,685 migrants from illegally crossing into EU territory in 2024, up 4.6 percent from a year earlier, the Interior Ministry said on Thursday.

The figures highlight “growing migratory pressure in an unstable regional environment,” the ministry said in response to questions.

Among the migrants, 58 percent were from West Africa, 12 percent from North Africa where Morocco is located, and 9 percent from East and Central Africa, it said.

Years of armed conflict across Africa’s Sahel region, unemployment, and the impact of climate change on farming communities are among the reasons driving migrants toward Europe.

Morocco and neighboring EU member Spain have strengthened cooperation against undocumented migration since they patched a separate diplomatic feud in 2022.

The North African country has for long been a major launch pad for African migrants aiming to reach Europe through the Mediterranean, the Atlantic, or by jumping the fence surrounding the Spanish enclaves of Ceuta and Melilla in northern Morocco.

Last year, there were 14 group attempts to cross into Ceuta and Melilla, compared with six in 2023, the ministry said.

Moroccan authorities rescued 18,645 would-be migrants from unseaworthy boats in 2024, up 10.8 percent from 2023, it said.

Last month as many as 50 migrants may have drowned in the latest deadly wreck involving people trying to make the Atlantic crossing from West Africa to Spain’s Canary Islands, a migrant rights group said.


West Bank healthcare ‘in a state of perpetual emergency’: MSF

West Bank healthcare ‘in a state of perpetual emergency’: MSF
Updated 06 February 2025
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West Bank healthcare ‘in a state of perpetual emergency’: MSF

West Bank healthcare ‘in a state of perpetual emergency’: MSF
  • Most clinics and hospitals are running at significantly reduced levels, medical charity says

GENEVA: The healthcare system in the occupied West Bank has been in “a state of perpetual emergency” since October 2023, the Doctors Without Borders, or MSF, group said in a new report published on Thursday.

“A dramatic escalation in violence, marked by prolonged Israeli military incursions and stricter movement restrictions ... have severely hindered access to essential services, particularly health care, exacerbating already dire living conditions for many Palestinians,” it said.

Violence in the region soared after the attack on Israel in October 2023, which triggered a massive retaliation by Israel that has leveled much of Gaza.

“Since Oct. 7, 2023, the West Bank has seen a dramatic escalation in violence, marked by prolonged Israeli military incursions and stricter movement restrictions,” it said.

The report examined “the attacks and the obstructions of healthcare in a context of what has been described by the ICJ (International Criminal Court) as segregation and apartheid.”

It revealed “a pattern of systematic interference by Israeli forces and settlers in emergency health care delivery.”

The Palestinian Health Ministry says Israeli troops and settlers have killed at least 884 Palestinians, including many militants, in the West Bank since the Gaza war began on Oct. 7, 2023.

Over the same period, at least 32 Israelis have been killed in Palestinian attacks or during Israeli military raids in the territory, official Israeli figures show.

Preventing Palestinians from accessing healtcare was “part of a wider system of collective punishment imposed by Israel, under the guise of its crackdown on armed Palestinian men,” MSF said.

“The already-strained Palestinian healthcare system in the West Bank has been further weakened since October 2023 and is facing significant budget constraints,” it said.

Nearly half the essential medications are out of stock, and health workers have not been paid in a year, the report said, adding that “most clinics and hospitals are running at significantly reduced levels.”

“Access to health care is severely impeded by a sprawling system of checkpoints and roadblocks that obstruct ambulance movements, compounded by the escalation of violent military raids involving the use of disproportionate tactics.”

This is compounded by “frequent attacks on medical personnel and facilities ... Hospitals and healthcare structures are often encircled by military forces, with troops sometimes occupying the buildings themselves, compounding the risks to both patients and staff.”

Violence from settlers often exacerbates these dire conditions, it said.

MSF called on Israel to stop its “disproportionate use of force” in the West Bank, including on medical facilities and against medical personnel.

It called for independent probes into past such attacks, for Israel to facilitate medical access to those in need, and to allow the UN agency for Palestinian refugees UNRWA to be allowed to continue its work.

Israeli military offensives in two West Bank refugee camps have displaced nearly 5,500 Palestinian families since December, local and UN officials said this week, amid escalating violence in the occupied territory.

Jonathan Fowler, spokesman for the UN agency for Palestinian refugees, said an estimated 2,450 to 3,000 families have been displaced from the Tulkarem refugee camp.

Faisal Salama, head of the camp’s popular committee, estimated that 80 percent of its 15,000 residents had been displaced.

Both Salama and Fowler said that obtaining precise figures was challenging because of the security situation within the camp and its fluctuating population.

“The displaced people from the camp are scattered in the suburbs and in the city of Tulkarem itself,” Salama said.

He said that six people had been killed and dozens wounded since the offensive began on Jan. 25.

“The bombing of residential homes in the camp continues, along with destruction and bulldozing of everything.”

Salama also reported that the violence has severely restricted the movement of goods into the camp.


Over 10,000 aid trucks have entered Gaza since ceasefire: UN

Over 10,000 aid trucks have entered Gaza since ceasefire: UN
Updated 06 February 2025
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Over 10,000 aid trucks have entered Gaza since ceasefire: UN

Over 10,000 aid trucks have entered Gaza since ceasefire: UN

GENEVA: More than 10,000 aid trucks have crossed into Gaza since a fragile ceasefire took hold on Jan. 19, the UN humanitarian chief said on Thursday.

“We’ve moved over 10,000 trucks in the two weeks since the ceasefire, a massive surge,” Tom Fletcher said on X.

The UN under-secretary-general for humanitarian affairs and emergency relief coordinator added that he himself was “about to cross into northern Gaza with a convoy of aid.”

“Thank you to the many people making it possible to get these trucks of vital, lifesaving food, medicine, and tents through,” he said.

His comments come as Israel and Hamas prepare to negotiate the second phase of the ceasefire agreement, which has paused 15 months of relentless fighting and bombing unleashed after the deadly Oct. 7, 2023 attack.

With just a trickle of aid coming into the territory before the ceasefire deal, international aid organizations repeatedly reported crisis levels of hunger in the Israeli-besieged Gaza Strip and warned of looming famine.

The truce has led to a surge of food, fuel, medical, and other aid being allowed into Gaza and enabled people displaced by the war to return to the north of the Palestinian territory.

Under the Gaza truce’s ongoing 42-day first phase, 18 hostages have meanwhile been freed so far in exchange for some 600 mostly Palestinian prisoners from Israeli jails.

The Health Ministry in Gaza said Thursday that the death toll from the war in the Palestinian territory had reached 47,583.

The number of dead, published by the ministry, continues to rise every day as bodies discovered under the rubble are identified or people die from earlier wounds.

During the past 24 hours, 31 further deaths were recorded by the ministry, which also registered 111,633 wounded from the war.