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View Diary: BREAKING: UN Security Council unanimously calls for a ceasefire in Gaza (132 comments)

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  •  If that happens here it will be added genocide to (5+ / 0-)

    the list of war crimes being investigated by the ICC and HRC.  I was just reading an outline of the specific violations under the Geneva Conventions and was surprised that one legal scholar of international law say that now with the 1,000 plus and counting deaths of innocent civilians in Gaza the IDF an Israel has need met there threshold for indictment for genocide which is defined as the movement of a people off their land by means of murder, or other war crimes, such as ethnic cleansing, destruction of houses and cities, forced migration, and/or starvation and other similar mistreatment. In this case it is a captive population which may bring up other charges.

    One international lawyer has outline an entire list of charges and the specific sections of the Geneave Conventions violated and the threshold of evidence necessary to make indictments under each charge.

    I'm not an international lawyer so I don't know if this is true or just his own propaganda but the other charges which apparently the Human Rights Commission of the United Nations voted on Friday to open a formal investigation of (29-1 guess who was 1?) are"

    Also I just read that a petition was filled late Friday to open and investigation at the International Criminal Court, but I do not know yet by whom.

    1. Disproportionate use of force which is a distinct war crimes now. (however I read elsewhere that these do not become effective until 2017 so this maybe problematic.)

    2. Collective punishment of an occupied captive civilians population. i.e. punishing all 1.7 million people of Gaza for the actions of of the Hamas rebel forces who fired the rockets. Most consider this a solid charge
    which if brought before the court with will reach conviction.

    3. Is a different kind of charge than a war crime, in a different section of the Geneva Conventions, but is called a "a crime against humanity of apartheid."

    4. The forth charge is a war crime of "forced migration of a civilian population out of their homes. and can go all the way back to 1948 according to one person. A different person says that charges prior to the Geneva Conventions being enacted can't be brought, so there are arguments going on about this. The Nakba (did I spell that right? This is mostly new to me, sorry), and the destruction of about 30 Arab towns over the last 70 years are listed in the evidence section.

    4. The fifth charge is ethnic cleansing.

    This is all of those mentioned in the Human Rights Council investigation I believe, but I believe others can be added as the investigation proceeds.

    5. This additional charge of genocide is something a group is trying to add so they listed out all the sub-components of the law and and described the threshold of the evidence required to bring indictments, which I confess I did not completely understand.

    But, if I remember correctly there is some element of keeping captive population in such dire conditions such as without food or water to drive them off of the land.  One does not have to element the entire population to qualify as genocide such part of it in an effort to get their homeland as the illegal settlements and any real or defacto annexation on any land on the West Bank, Gaza, or East Jerusalem surpasses the evidence threshold.

    Then there about four or five types of action the guilty party must use to force people off. Murder, forced migrations, ethnic cleaning (which does not require murder, just movement of people out of specific areas based on race, ethnicity, religions, heritage, or anything that qualifies as a them being a :people," so the Palestinians clearly qualify according to this scholar.

    And to your point about cholera keeping a population in sub-human, unsafe conditions, or making threats of violence, as well as preventing them from getting adequate food or water are all possible factor I think, but I could be wrong.

    As I said, this is mostly new to me.

    Very sad, very tragic and sad indeed.

    It is clear the Palestinians and Israeli's have to be seperated by a UN peace keeping force of some kind. Or some have suggested it could be some other kind of force such as the Quartet.

    Another major problem that may prevent these war crimes from even being heard is that Israel has never signed the Rome statutes so is expected not to present Prime Minister Netahuyu, his Cabinet, and the officers in the chain of command of the IDF down to those that committed the crimes, so court hearings can not proceed against them.

    Someone wrote, ,however, if indictments are handed down, and warrants for their arrest sworn out any country that is a member of the International Criminal Court, and maybe the Geneva Conventions would be required to arrest them. So they would be unable to leave Israel. Sanctions may be applied as pressure.

    Sorry if any of this is wrong, I'm learning about this as fast as I can.  If anyone comes across articles about this please send me links as I would like to straighten all of these questions out and post background references for anyone that might be interested.

    It is important that we more strongly enforce the international rule of law. As we see in Gaza, and Iraq, the law of the jungle and "might makes right" where anyone with a superior military can do whatever they want to, or convince themselves is right and justified is a savage world indeed.

    In this next 100 years when the technological advances in Weapons of Mass Destruction will give access to just about  any of the world 190 plus countries, and even criminal gangs, corporations, and special interest groups, (think of biological and chemical warfare agents that can be cooked up for a few hundred dollars.) establishing a strong precedent, credibility, and legitimacy for the rule of international law is our only hope of peace and stability.

    Right now we American have made such a mush of it with the Bush doctrine that any nation, or group that "fears for their security and safety" can unilaterally take preemptive strikes on other nations to eliminate the threat opens such a can of worms that I fear civilization as we know it may not survive the next 100 to 250 years.

    We must work hard to establish the precedent that international rule of law, the Geneva Conventions, and the ICC apply to all nations, not just weak third world countries. We must end these double standards.

    I believe to show our good faith and sincerity, the United States should volunteer to allow George Bush, Dick Cheney, Donald Rumsfeld and the other yet-to-be indicted coconspirators of the Iraq war crimes such as the destruction of Fallujuah, ( I agree with Chomsky on this one) to be indicted in hearing in the ICC.

    Yes, its a sacrifice, but it is the least we can do to demonstrate that we are not guilty of double standard when we support charges being brought up against Bibi Netanyahu.

    Perhaps, as a gesture of compassion we can let all the neocons have their own special section in prison so they can talk about "the good ole days." I'm not sure yet of the rules.

    I think those Yugogslavian guys Radovick (sp?) are in solitary confinement.

    Whatever, we have a lot of learning to do.

    Thanks for the great post. You've raised many interesting issues, here.


    Humor Alert! No statement from this UID is intended to be true, including this one. Intended for recreational purposes only. Unauthorized interpretations may lead to unexpected results. This waiver void where prohibited. Artistic License - 420420

    by HoundDog on Mon Jul 28, 2014 at 07:25:27 AM PDT

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    •  Yes (0+ / 0-)

      The Genocide definition has two elements, one being the list of the sort of abuses that you mention. The first and most important element is that for it to be Genocide, there has to be an intent to eliminate a population in whole or part. Here is where there have perhaps been the most overt statements that could show this intent.

      The timescale of events - that the Israelis knew virtually on the day that the three youths had been killed but still carried out an assault to reverse the last ceasefire by arresting the released detainees etc - could be seen as deliberate acts to forment a reaction. (Hope that is clear, basically the Israeli government manufactured an excuse to attack)

      "Come to Sochi, visit the gay clubs and play with the bears" - NOT a Russian advertising slogan.

      by Lib Dem FoP on Mon Jul 28, 2014 at 02:16:53 PM PDT

      [ Parent ]

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