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OpEdNews Op Eds    H2'ed 3/29/19

Lawyers Worldwide Urge International Court: Investigate Israeli Crimes

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From Truthout

West Bank: Israel's controversial settlements program continues
West Bank: Israel's controversial settlements program continues
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On the eve of the first anniversary of the "Great March of Return" at the Gaza border, lawyers and jurists around the world are calling on the prosecutor of the International Criminal Court (ICC) to investigate and prosecute Israeli crimes against the Palestinians.

Today, the International Association of Democratic Lawyers presented a petition from the International Lawyers Campaign for the Investigation and Prosecution of Crimes Committed Against the Palestinian People to Fatou Bensouda, chief prosecutor of the ICC. The petition urges Bensouda to initiate a full investigation and prosecute violations of international humanitarian law and international human rights law committed by Israeli officials in the Occupied Palestinian Territories. The petition has garnered the support of tens of thousands of lawyers worldwide.

The petition condemns "the unimaginable atrocities that have been committed and continue to be committed by Israel against Palestinian civilians which deeply shock the conscience of humanity."

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It cites the well-established legal principle that victims of gross violations of international human rights law and serious violations of international humanitarian law "have a right to a remedy and reparation."

The petition denounces "the failure and refusal" of Israel to hold accountable "those suspected of committing crimes against Palestinian civilians," which has resulted in "abandoning the rule of law and replacing it with widespread impunity for Israeli officials who have sanctioned and for Israeli individuals who have perpetrated such crimes."

Israel Bombs Gaza Ahead of Great March of Return Anniversary

On March 25 and 26, in anticipation of the forthcoming election and the anniversary of the Great March of Return, Israel pummeled Gaza with dozens of airstrikes, instilling terror in 2 million Palestinians.

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On Saturday, March 30, tens of thousands of Palestinians are planning to walk toward the Gaza border to commemorate the March 30, 2018, launch of the Great March of Return. For the past year, during the weekly protests, tens of thousands of Palestinians have demanded an end to the Israeli blockade of Gaza and the right to return to their homeland. In response, Israeli forces have engaged in violent and illegal repression against demonstrators.

UN Commission Documents Crimes by Israeli Leaders

On March 18, the United Nations Commission of Inquiry on the 2018 Protests in the Occupied Palestinian Territory, convened by the UN Human Rights Council, issued a 252-page report of its findings on the Great March of Return demonstrations.

"We present this comprehensive report with an urgent plea to Israel to immediately ensure that the rules of engagement of their security forces are revised to comply with international legal standards." The excessive force that took place on 30 March, 14 May and 12 October 2018 must not be repeated," Commission Chair Santiago Canton told the Human Rights Council.

The Commission found "reasonable grounds to believe that during these weekly demonstrations, the Israeli Security Forces killed and gravely injured civilians who were neither participating directly in hostilities nor posing an imminent threat to life. Among those shot were children, paramedics, journalists, and persons with disabilities. 183 people were shot dead, another 6,106 were wounded with live ammunition."

Unless acting in lawful self-defense, the Commission noted, "intentionally killing a civilian not directly participating in hostilities is a war crime. Serious human rights violations were committed which may amount to crimes against humanity."

The Commission concluded that the Israeli Security Forces' "conduct also violated international humanitarian law, which permits civilians to be targeted only when they 'directly participate in hostilities.' This purposefully high threshold was not met by demonstrators' conduct, in the view of the Commission, with one possible exception."

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Furthermore, the Commission stated, "Targeting unarmed demonstrators purely on the basis of their current or former political views, or their current or former membership of an armed group and not on their conduct at the time is impermissible in the view of the Commission."

The Commission recommended that the government of Israel:

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Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

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Law is code that never compiles. Real coders fix problems. Lawyers live to create problems, then they litigate and settle, retire, and obtain trophy wives.

Lawyers who enjoy controlling the narrative (and others) run or walk for office. Lazy lawyers struggle to be re-elected. Meanwhile, real coders fix bugs, and design a more perfect union. Show me an elected lawyer who can debug real world problems. Problems, we have. Disputes we have. Elect problem solvers.

Submitted on Saturday, Mar 30, 2019 at 3:19:09 PM

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