Archive
Israel Breaking Palestinian Bones and Article 32 of the IV Geneva Convention
IV GENEVA CONVENTION, RATIFICATION O 1949
Part III: STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I – PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND THE OCCUPIED TERRITORIES.
ARTICLE 32 – PROHIBITION OF CORPORAL PUNISHMENT, TORTURE, ETC.
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.
The principle stated in Article 27 of absolute respect for the human person might have constituted a sufficient guarantee for protected persons in itself. However, the memory of the barbaric acts of which there were only too many examples in the two world wars showed the need to strengthen this principle and to prohibit expressly all acts contrary to it.
C. Corporal punishment and mutilation.- These expressions are sufficiently clear not to need lengthy comment. Like torture, they are covered by the general idea of “physical suffering.” Mutilation, a particularly reprehensible and heinous form of attack on the human person, is also included in the list of “grave breaches’ and is mentioned formally in Article 147 among “acts willfully causing great suffering or serious injury to body or health.” Furthermore, it is expressly forbidden by Article 3 of the Convention.
The four 1949 Conventions have been ratified by 196 states, including all UN member states, both UN observers the Holy See and the State of Palestine, as well as the Cook Islands.
Will violations of International of International Law will send Israel to the ICC?
Who or what is the ICC?
-
The International Criminal Court (ICC), located in The Hague, is the court of last resort for prosecution of genocide, warcrimes, and crimes against humanity. Its founding treaty, the Rome Statute, entered into force on July 1, 2002.
Who is watching Israel?
“Israeli forces killed at least 15 Palestinian civilians in the West Bank, most in circumstances that suggest the killings were unlawful. Israeli authorities destroyed homes and other property under discriminatory practices, forcibly displacing hundreds of Palestinian residents in West Bank areas under Israeli control, as well as hundreds of Bedouin citizens of Israel.” Human Rights Watch
“Israeli forces committed war crimes and human rights violations during a 50-day military offensive in the Gaza Strip that killed over 1,500 civilians, including 539 children, wounded thousands more civilians, and caused massive civilian displacement and destruction of property and vital services.” Amnesty International 2014 Report
“The ICRC started work in Israel and the occupied territories in 1948, following the first Israeli-Arab conflict. Its presence became permanent in the aftermath of the 1967 war. The organization focuses on the protection of civilians and the welfare of detainees held in Israeli and Palestinian places of detention, and helps the most vulnerable. The ICRC supports the Palestine Red Crescent Society and the Magen David Adom (the Israeli National Society).” ICRC in the Palestinian Occupied Territories
Mainly these three organizations have the legal authority to investigate, and collect evidence that can help to prove the allegations of human rights violations in the occupied territories, but due to the wide spread International Solidarity Movement, its members live in the occupied territories, are both; victims and witness of Israel crimes, for several years its member has been collecting evidence against Israel.
“As we demand that Israel acknowledges and respects international law and put an end to apartheid and its occupation, we must also stand firmly against any form of prejudice, regardless of the target. We oppose any form of bigotry directed at people based on ethnicity, physical appearance, origin, gender, sexuality, physical ability, age, religion and are not limited to just these concerns. We support full equality of all people and expect all ISM volunteers to adhere to these beliefs and take a strong stance against anti-Semitism, Islamophobia and Zionism. In line with a 2012 Palestinian declaration, we object to the baseless use of the term anti-Semitism as a tool for stifling criticism of Israel or opposition to Zionism, partly as this falsely conflates being Jewish with support for an ideology, Zionism, or the colonial and apartheid policies of a state, Israel.” International Solidarity Movement
July 17 Day of International Criminal Justice
Ban Kin Moon holding a sign on July 17 celebrating International Criminal Court, The International body in charge to keep justice in the world, and punish those that transgresses it.
This is a sick joke for people that are following the massacre being conducted against the people of Gaza, where war crimes are being indisputable being committed by the Israeli Defenses forces Aka Israel Occupation Forces, while the United Nations is celebrating July 17 as the International day of Criminal Justice, on reference of the ICC
“The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. ” ICC
Why haven’t the Palestinians officials apply to the Rome Statute of the International Criminal Court so they can take Israel to the higher court of justice.
Why all the extra wording, it seems as they were playing a game of death with Israel.
Are they waiting for more massacres to occur in Gaza, don’t we have enough evidence of war crimes committed against the population of Palestine?.
There are recorded massacres in the history books that qualify as war crimes.
Hanan Ashrawi, speaks of Threat to Israel to join the Rome Status to take Israel to ICC.
#Israel have committed enough #Warcrimes, #Gaza is bleeding. #Hamas has no recourse but to resist, al-Quds Brigades has no recourse but to resist until you politicians do your job. Gazawans can not subsist much longer, the war and fast dead will be a blessing for them, what they can not take any longer is the siege to Gaza. Do something fast, NOW is almost late..
On an article published by the Israel Times she says that If Operation Protective Edge continues, we will head to Hague-based court ‘sooner rather than later,’ PLO official Hanan Ashrawi said.
What does this means for 350 and counting death under Israel bombs in Gaza?
What does this mean for the almost 1.8 residents of Gaza that had been placed in a slow cooking pressure ghetto?
What does this mean for the people around the world that had been victim of violence by the hands of the armies that belong to the Security Council of the United Nations?
I see this photo and my stomach gets sick with anger and repulsion. I’m outraged to see this photo of Ban Ki-moon holding a sign that reads
JUSTICE MATTER .
They even open a page dedicate to July 17 in facebook where people is submitting their photos with signs #JusticeMatter, I wonder if those people knows what is happening in Gaza or even if they know what justice mean.
Just behavior or treatment: a concern for justice, peace, and genuine respect for people – The quality of being fair and reasonable
Does Justice Matter for Palestinians or they are exclude because Israel is the one committing the war crimes.
“17 July is the Day of International Criminal Justice. The Day marks the anniversary of the adoption of the Rome Statute on 17 July 1998, the founding treaty of the International Criminal Court, which seeks to protect people from genocide, crimes against humanity, war crimes and the crime of aggression. The Day unites all those who wish to support justice, promote victims’ rights, and help prevent crimes that threaten the peace, security and well-being of the world.” United Nations google+
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a body of the United Nations established to prosecute serious crimes committed during the wars in the former Yugoslavia, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague, Netherlands.
Why the UN haven’t create an The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Occupied Territory of Palestine since 1948 and beyond?
Palestine Bid Member State hijacked
Posted on November 28, 2012 by Akashma Online News
Some excerpts from The Australian
UPDATED Posted by Marivel Guzman
September 21, 2012 Mahmoud Abbas Bid for Palestine Statehood
In 2011 Mahmoud Abbas applied for Statehood, as a full State not the non-member observer state that the UN and all the Western Countries are talking about.
Palestine it is already observer member since 1974 with no right not vote on issues of important. The Media is hijacking Palestine Bid for Statehood. All the propaganda being distributed in the major Paid Media Outlet are lies, they trying to convince Mahmoud Abbas to bid for Non-Member observer, trying to enticed Mr Abbas to abandon his intention to bid for Statehood. All the buzz going around telling Palestinians that if Abbas bid it will lose money, saying which country will vote yes and No, all it is sick Israel-US propaganda.
It is up to All of us in the free world, to speak, to protest, to boycott, to question against the US or any other country that do not agree with the Independence of Palestine.
There is no more time for mockery “Peace Talks”, they were never intended to solve the conflict but to continue the occupation which some how in the road of 65 years has become “Legal”, go figure how the “Elite” understand democracy and freedom for others. All we know is that UN (Club of 5) were never partners for peace, not for the Palestinians or for no one. Now the best they can do is to stay on the sidelines and let the people to choose their destiny.
THE bid for UN recognition tonight could bring Palestinian Authority President Mahmoud Abbas new diplomatic weight and tools, but also cost his people hundreds of millions in much-needed cash.
The Arabs States will gladly give money to Palestine if Israel is out of the way. US should stop giving any money to Israel and fix its own economy.
Mr Abbas is assured of triumph at the UN General Assembly when he seeks backing for his bid to go from “observer entity” to “non-member observer state”. The US and Israel will be unable to spoil his big day. These are the enticing goodies offerings to Mr Abbas. The PR is strong against Palestine, but after the triumph in Gaza, the energy is contagious, and the open support from Iran is a strong additive to this race for independence.
The Palestinians have focused on getting support from European nations. France came through yesterday when Foreign Minister Laurent Fabius told parliament the country would vote for the resolution. Portugal will also vote yes and Switzerland will probably back the resolution, but Germany is expected to vote no or abstain. Britain’s position remains unclear. Julia Gillard said on Tuesday that Australia would abstain.
“Victory will not give the Palestinians a vote at the 193-member assembly. But they will be able to join UN agencies and sign treaties for which the UN Secretary-General is the record keeper.” The farce seems credible, but do not let the smoke to blur the mirror. If Mr Abbas summit the Bid for Statehood how was originally intended, it gives all the rights on the floor of the United Nations.
The vote “implies recognition of statehood and it gives them certain privileges” and “a certain prestige”, said Vera Jelinek, dean of New York University’s Center for Global Affairs.-this wording is misleading, the observer status was recognized since 1974, when Yasset Arafat was invited to speak on the floor of the United Nations. This remind me of another hijacked moment. On November 11 this year Palestinians were commemorating the 8th Anniversary of Yasset Arafat death, but instead Palestinians in Gaza were running for cover, as Israel assault was already started, not the November 14 date that was widely publicized.
The Palestinians will be able to go to UN conferences open to all states and to vote like other states. The Vatican used its observer status to raise sensitive issues at UN conferences on women and population.
The most valuable prize for Mr Abbas could be recourse to the International Criminal Court. The prospect of an ICC prosecutor looking into Israeli actions in Gaza and the West Bank was one of the Israeli government’s major worries, diplomats said.
And it is a threat that Palestinian UN envoy Riyad Mansour dangled yesterday.
If Israeli authorities did not “respect resolutions of the Security Council, continue to illegally build settlements, which is a war crime from the point of view of the ICC and the Rome statute, then we will consult with all of our friends” over how to bring Israel into compliance.
The ICC is not a UN agency, however.
The legal apparatus of ICC only work if any of these instances are meet:
1.- If the State is signatory of the Rome Status. As of July 2012, 121 state are states parties to the Statute of the Court.Israel voted against the adoption of the Rome Statute but later signed it for a short period. In 2002, the United States and Israel, “unsigned” the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.
Israel states that it has “deep sympathy” with the goals of the Court. However, it has concerns that political pressure on the Court would lead it to reinterpret international law or to “invent new crimes”. It cites the inclusion of “the transfer of parts of the civilian population of an occupying power into occupied territory” as a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of judges as disadvantaging Israel which is prevented from joining any of the UN Regional Groups.2.- If a offense it is committed in the State being charge with a war crime. And under the present legal terms, the crimes are committed in Palestine, not Israel.
3.- If the UN security council summit the charge to the ICC. We know for a fact that the 15 member of the UN security council will never summit a draft to the ICC to file a complain against Israel. At least not for the moment. Israel enjoys of full backing of the Western Nations whose blind support had shadowed any resolutions that will bring Israel to comply with its International Obligations.
There is no real advantage for Palestine unless is recognized as a Full State Member. The benefits will be vary in degree, if it is recognized State with full benefits, Palestine will be able to shop for small and big weapons. The Oslo accord limit Palestine from acquiring weapons. Another of the benefits will be getting loans from the IMF.
The binding of the Oslo and David accords will be expired which make Palestine free to deal with the world, to explode its own natural resources, to dig for water and control it, which it is one of the biggest issues that Palestine faces today. Israel control 95 % of the water of Palestine.
Israel will have no excuse to expel Palestinians from West Bank, or to control the Jordan and Egyptian borders. All these only if the UN enforced the resolutions agreed on regarding Israel on previous resolutions, resolutions that had been ignore by Israel.
Once a state Palestinians citizens will obtain the State Status and the stateless status will be obsolete giving benefits in foreign countries.
All the foreign agencies will have to put Palestine back in the map.
The signatories of the Rome statute which set up the ICC would have to carry out their own vote first to accept the Palestinians, diplomats said.
ICC membership could be “a little trickier”, said Ms Jelinek. “I am not sure whether it would accept a ratification from an observer state in the UN.”
Mr Abbas wants super-observer status at the UN to boost Palestinian recognition and force Israel back into talks.
The US and Israel could also inflict financial damage on the Palestinians. This will be the best thing that can happen to Palestine. Once Israel out of Palestinians lands, Palestine can work its national resources that amount to 7 billions annually
US law bans financing for any international body that recognizes a Palestinian state. When the Palestinians were voted on to the UN Cultural and Educational Organization last year, the US administration withdrew more than $US70 million in funding.
The cost of the Iron Dome single intercepting missile is 90 millions US dollars. US spent 1 billion 275 millions in the Iron Dome in 2012. Palestine it is self sufficient if Israel stop stealing its National Resources.
The disinformation going around is a real knock out of Israel against Palestine, there is no Indefinite Veto Power, the Security Council will make a recommendation on the Request from Palestine Authority to Be accepted as a Full Member of the UN being the 194 state. But the real power is in the General Assembly of the UN, that needs 3/4 of of the countries to pass a resolution. And nothing is written in stone, any compromise reach on this historic resolution should be implemented and could be change for the good of the parties involved. Especially for Palestinians that have always get the worse part in any accords in the past. And by the way, those accords should be obsolete, they were never implemented from Israel part, but were forced on the Palestinians. We the People Stand for Justice and Peace; Palestine UN State 2011
Mahmoud Abbas, president of the Palestinian authority, will discuss the application later this week at the UN General Assembly. While France, one of the five permanent members of the UN Security Council, has come out in support of Palestine, the United States has already signaled that it will attempt to block the bid.
Victoria Nuland, US spokesperson for the Department for Defense, said, “We disagree with our oldest allies [the French] on the topic, and they know it. But it’s their choice how to move forward”.
Nuland added that the only way for the two-state solution to work is if Israel and Palestine first commit to peace talks. She indicated that the US would vote ‘no’ in the assembly.
Palestinians will go to the UN on September 23...Do not believe in rumors
A Strategy for Israel in the 1980′s…Read this article in entirely and see how the agenda is been followed to the last step. So do not get discourage, we keep fighting, we moving to a new era
People we do not know.…….We interact few times in the walls, in the channels, the spaces and we call ourselves, friends, brothers, comrades. We go to extreme lengths to fight for your rights, to fight for your country, to fight for your causes. We stand strong for a reason we do not completely understand, other than doing social justice to peace and friendship. What really Happen to all of us?, that suddenly we raise our voices for your flag, for the protection of your individual liberties, your civil rights
Akashma Online News 