UN human rights body wants to stop weapons shipments to Israel
Israel, Poland, and UK take a stand against war crimes in Ukraine. In Gaza war, it’s been nearly silent, said Carmen Cheung
This week, a dual U.S.-Canadian citizen, Jacob Flickinger, was killed by an Israeli airstrike on a convoy of vehicles from the humanitarian group World Central Kitchen. Aid workers from Australia, Poland, and UK were also killed. At least one of the vehicles had the organization’s logo on the roof.
Carmen Cheung said war crimes prosecutions need resources and political will. She acknowledged that investigating and prosecuting Israeli forces would be difficult, but taking that step would deliver a powerful message.
“If the U.S. could do that, it would send a signal that its War Crimes Act is meant to apply to everyone,” she said. “And it really does what it says on the box, which is provide justice for victims of war crimes. Everywhere.
“Nothing is preventing the Justice Department from looking at this issue, whether it be perpetrators of Israeli citizenship or of Palestinian identity,” Scheffer said.
Source: DOJ takes a stand against war crimes in Ukraine. In Gaza war, it’s been nearly silent
The Case against Hamas in Gaza: Why a U.S. Citizen should be convicted of War Crimes in the Second-Second-State Palestine Conflict
Thousands of U.S. citizens are caught up in the conflict in Israel. Some 600 Americans were trapped when the conflict began in Gaza and many have since left. 23,380 Americans are serving in the Israeli military.
And it’s that hook — the involvement of a U.S. citizen — that experts say would simplify what could be a politically fraught decision to pursue a case involving a close U.S. ally like Israel.
The victims of American citizenship would make it easier for the government to act. “That’s a more manageable investigation and prosecution for the Justice Department.”
The prosecution of the four Russian soldiers for abducting and torturing American civilians in southern Ukraine was one of the only war crimes cases brought to date by the U.S.
After the Kremlin’s full-scale invasion of Ukraine in February 2022, Attorney General Merrick Garland and the U.S. Justice Department moved quickly — and publicly — to hold Russia to account for possible war crimes.
According to a professor of international criminal law at Washington University in St. Louis,Ukraine has changed because the US sees its interests as allied with the Ukrainians. “What’s changed with Ukraine is we now have some political will and we have some staffing in the Justice Department to actually be able to do these cases.”
Garland has only said 29 words in public about possible war crimes. He was asked “where are you on war crimes relating to Hamas?” at a December news conference announcing the case against the Russians.
The story was sent to the Justice Department with questions about possible war crimes in the conflict. The department didn’t say anything.
Under the 1996 U.S. War Crimes Act, the Justice Department has jurisdiction to bring war crimes charges when either the victim or the perpetrator is a U.S. national or permanent resident.
“I believe that certain situations in which the Israeli defense forces could be seen as committing war crimes is possible,” Scheffer said. “It depends, of course, on the evidence.”
Hamas’ surprise Oct. 7 attack on southern Israel killed some 1,200 people, the majority of them civilians. More than 200 hostages, 130 of whom are still in captivity, were taken by the militant group.
If prosecutors made a stronger case against the fighters of Hamas after being designated as a terrorist group, they would be able to pursue terrorism charges instead of war crimes.
There are also other considerations — both political and geopolitical — that could stand in the way of any war crimes prosecution, particularly one that would involve a close ally like Israel.
Scheffer said that “the use of firepower by Israeli Defense Forces has its legitimacy.” “But the question is precisely how is that being done? What is the precise impact on civilians? What is the decision making of the Israeli Defense Force? All of that is up for scrutiny.”
The top UN rights officials say Israel could be accused of committing war crimes by using starvation as a weapon of war, forcible displacement of civilians, extensive destruction of property, and indiscriminate firing of missiles, if they are found to be in violation of international law.
“Should there be political will to prosecute, the Justice Department could do a wide range of investigations and prosecutions,” stated Sadat, who was the special adviser to the International Criminal Court prosecutor.
“You would have no access right now to Gaza unless you got access through Israeli cooperation,” Sadat said. “I do not believe they would cooperate very readily with a investigation of Israelis.”
Source: DOJ takes a stand against war crimes in Ukraine. In Gaza war, it’s been nearly silent
UN human rights body calls for halt to weapons shipments to Israel: The role of Hamas and the State Department in the “Haitian disaster”
In some instances, the Pentagon and State Department are also allowed to weigh in on the potential benefits or adverse consequences for Americans, U.S. officials or troops of pursuing such a prosecution.
The resolution comes amid a growing focus on weapons shipments to Israel — notably by its strongest backer, the United States — as Israel continues its military campaign in Gaza.
The sweeping measure takes aim at an array of Israeli actions such as impeding access to water and limiting shipments of humanitarian aid into Palestinian areas. It also calls on U.N.-backed independent investigators to report on shipments of weapons, munitions and “dual use” items — that have both civilian and military applications — that could be used by Israel against Palestinians.
Western countries were divided. The U.S. and Germany opposed the resolution, France and Japan abstained, while Belgium, Finland and Luxembourg voted in favor.
The Palestinian ambassador in Europe decried the “humanitarian disaster” in Gaza before the vote, and appealed to the world to wake and stop the genocide.
“This council has long abandoned the Israeli people and long defended Hamas,” Meirav Eilon Shahar said of the militant group behind the attacks. It has been turned into a shield for terrorists. It has turned a blind eye to any acts of violence against Israelis and Jews.”
She was incensed that European countries backed the measure because it didn’t condemn Hamas.
She told reporters that Israel appeared in the resolution 59 times. “Hasas does not show up at all.”
Speaking in Arabic, he said that they were not responsible but that they had been paying the price for what happened during the Second World War.
Source: UN human rights body calls for halt to weapons shipments to Israel
The United States Mission to Gaza During the First Observational Session of the Interaction Council on Human Rights and Civil Liberties
Israel frequently criticizes the council for its alleged anti-Israel bias. Over time, the council has approved more resolutions against Israel for its actions toward Palestinians than against any other country.
The first session of the year began on February 26 and covered topics like the rights of the child, the environment and human rights, genocide prevention, and rights situations in countries like Sudan and North Korea.
In order for the US to support Israel’s military campaign in Gaza, new steps need to be swiftly implemented, according to President Joe Biden.
The U.S. ambassador to the UN said that Israel had not done enough to mitigate civilian harm after a strike killed seven humanitarian workers in Gaza this week.
The resolution had “many problematic elements — too many to name in full,” she said, while noting a lack of “specific condemnation of Hamas for perpetrating the horrific Oct. 7 attacks” in Israel.
