The letter also lists "the repeatedly inciting public statements made by Israeli officials before and during the course of Operation Protective Edge and the history of Israel's repeated bombardment of Palestinian refugee camps and populations in Lebanon and in Gaza" as evidence that "Israeli officials may be implementing a plan to destroy the Palestinian population, at least in part."
Allegations of Crimes against Humanity
Article 7 of the Rome Statute defines "crimes against humanity" as the commission of any of the following, when part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Persecution against a group or collectivity based on its political, racial, national, ethnic or religious character; or (c) The crime of apartheid (inhumane acts committed in the context of an institutional regime of systematic oppression and domination by one racial group over another racial group, with the intent to maintain that regime).
The letter states, "Israeli forces have killed, wounded, summarily executed and administratively detained Palestinians, Hamas forces and civilians alike. Israeli forces intentionally destroyed the infrastructure in Gaza." It also says Israel keeps Palestinians caged in "the world's largest open air prison," and "controls all ingress and egress to Gaza, and limits " access to medicine and other essentials."
Finally, the letter cites arbitrary arrest and administrative detention; expropriation of property; destruction of homes, crops and trees; separate areas and roads; segregated housing, legal and educational systems for Palestinians and Jews; the illegal barrier wall encroaching on Palestinian territory; hundreds of illegal Jewish settlements on Palestinian land; and denying the right of Palestinians to return to their homeland because they are not Jews.
The signatories to the letter conclude that "[t]he initiation of an investigation would send a clear message to all involved either in committing or in aiding and abetting of the aforementioned crimes that they stand to be held personally accountable for their actions."
It remains to be seen whether the ICC will exercise jurisdiction in such a case since neither Israel nor the United States is a party to the Rome Statute. But if the ICC determines that Palestine can accede to the Rome Statute, the ICC could take jurisdiction over crimes committed by Israelis and Americans in Palestinian territory.
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