Monday, May 20, 2024

ICC Chief Prosecutor Seeking Arrest Warrants for Hamas leaders and Netanyahu





The Chief Prosecutor of the International Criminal Court, Karim Khan, has announced his intention to pursue arrest warrants for Hamas leader Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu

Karim Khan, the Chief Prosecutor of the International Criminal Court (ICC), has announced plans to seek arrest warrants for several leaders, including Hamas leader Yahya Sinwar plus other Hamas leaders Mohammed Deif and Ismail Haniyeh along with Israeli Prime Minister Benjamin Netanyahu, and Israel’s Defence Minister Yoav Gallant of committing war crimes and crimes against humanity.

Khan accuses these leaders of committing war crimes and crimes against humanity.

The ICC statement accuses the Hamas leaders, Sinwar, and Deif, of murder charges as a crime against humanity, sexual violence, and taking hostages as war crimes while accusing and charging Netanyahu and Gallant of using starvation of civilians as a method of warfare and intentionally attacking civilian populations.

Khan asserts there is sufficient evidence to hold these individuals accountable for war crimes since the start of Hamas’s war against Israel on October 7, 2023, and Israel’s responsive military actions in Gaza. He emphasized the severe and well-documented impact of starvation and collective punishment on Gaza’s civilian population and stressed the need for accountability for Hamas’s actions on October 7.

The ICC, based in The Hague, has been investigating Israel’s activities in Gaza for the past three years yet apparently not the activities of Hamas in Gaza since 2007?

The ICC/! CJ in their decision was Ultra Vires under law. The Montevideo Convention of 1933 outlines the criteria for statehood, which include a permanent population, defined territory, government, and the capacity to enter into relations with other states. Palestine meets some of these criteria, but its full status remains contentious due to ongoing territorial disputes and the lack of a universally recognized government.

While Palestine is recognized as a state by some countries and has a certain level of recognition at the UN, it does not have universal recognition or full legal status as a sovereign state in the eyes of all international law or actors.

The pane overstepped its legal authority when it stated and based its ruling by agreeing with Khan’s assessment that the ICC has jurisdiction over the case since Palestine is a state party as per the ICC statute.

Palestine is NOT a State or a country therefore the ruling was Ultra Vires. (beyond the legal power or authority of the person performing an action)

Source:

WorldNews

Copy: 

Rome Statute of the International Criminal Court

https://legal.un.org/icc/statute/romefra.htm

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Thanks for your thoughts, comments and opinions, will be in touch. Peter Clarke