Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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Combo image showing Palestinians reeling from the impact of the Israeli bombardment of their homes in Rafah, in the southern Gaza Strip, on May 28, 2024, as the Netanyahu government ignored pleas by the UN and Israel's own allies not to invade the enclave to spare civilians of more sufferings. (REUTERS photos)
Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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Special Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
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=Israeli soldiers gather near the border with the Gaza Strip in Israel after their return from the Gaza Strip on December 31, 2023. (AFP)
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Updated 30 May 2024
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Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?

Will proposed ICC arrest warrants for Gaza war figures deliver justice for Palestinians?
  • International Criminal Court chief prosecutor Karim Khan hopes to bring senior Israeli and Hamas leaders to trial
  • Some experts think the move is intended to nudge the warring parties toward a hostage deal and a ceasefire

LONDON: By applying for arrest warrants for senior Israeli ministers and Hamas commanders, Karim Khan, prosecutor at the International Criminal Court, has thrust the court itself into the spotlight, raising questions about the move’s likelihood of success and timing.

Calling it “totally absurd” and “a travesty of justice,” Israel’s Prime Minister Benjamin Netanyahu slammed Khan’s decision to seek arrest warrants against him and Defense Minister Yoav Gallant, together with several Hamas commanders, for war crimes.




A protester shows a sign bearing portraits of Israeli Prime Minister Benjamin Netanyahu transformed to Nazi Germany's leader Adolf Hitler during a demonstration called by French organization "France Palestine Solidarite" in Paris, on May 27, 2024. (AFP)

For his part, Gallant labeled the proposed warrants against him and his prime minister as “disgraceful,” claiming that it was motivated by a desire to reverse the foundation of the state of Israel.

Considering the scant likelihood in this case of an ICC arrest warrant being acted upon — a move Hassan Imran, a senior legal adviser at human rights organization Law for Palestine, told Arab News would be “precedent-making” — it raises the question: What is motivating Khan?




Exterior view of the International Criminal Court in The Hague, Netherlands, on April 30, 2024.  (AP/File) 

Julie Norman, a senior associate fellow at the London-based Royal United Services Institute, believes the proposed arrest warrants could be intended to nudge the warring parties toward a deal.

“Supporters of the move are hoping the charges will add pressure for both sides to end the conflict, for Hamas to release the hostages, and for Israel to increase access to humanitarian aid in Gaza,” said Norman.

Although some have said the ICC’s action would complicate any ceasefire negotiations, Mark Kersten, assistant professor of criminal justice and criminology at Canada’s University of the Fraser Valley, told a Middle Eastern news outlet that “complicated” did not necessarily equate to “worse” negotiations.

FASTFACTS

• The International Criminal Court is an intergovernmental organization and tribunal seat in The Hague, Netherlands.

• The ICC is distinct from the International Court of Justice, a UN organ that hears disputes between states.

• The ICC was established in 2002 in a follow-up of the multilateral Rome Statute.

“Take Colombia, where the ICC had a decade-long preliminary examination,” he said. “Accountability processes negotiated during the peace process there translated into meaningful justice for many of the wartime atrocities committed by the government and the rebels.

“Moreover, for the ICC to undermine negotiations, there must be a realistic prospect of a peace process. If such negotiations do not exist, the claim that pursuing accountability will ruin them is likely a red herring — an argument intended to shield the perpetrators of atrocities.”




Palestinians gather at the site of an Israeli strike on a camp area housing internally displaced people in Rafah on May 27. (AFP)

Khan’s request has gone to the ICC’s pre-trial chamber, where it will now be down to the three sitting judges — Romania’s Iulia Motoc, Benin’s Reine Alapini-Gansou, and France’s Nicolas Guillou — to determine whether to take action or not.

After seven months of fact-finding, lawyers believe Khan’s case is strong: Netanyahu and Gallant have been accused of using starvation as a weapon of war, willfully causing suffering, willfully killing, intentionally attacking civilian populations, extermination and persecution.

Sergey Vasiliev, associate professor of law at the University of Amsterdam, told Turkiye’s Anadolu news agency that the ICC judges now have to decide whether there are reasonable grounds the accused committed the crimes and if an arrest, as opposed to a summons, is necessary.

“I expect the judges to grant the request. I assume the investigation has been conducted thoroughly over the past seven months, the evidence amply sufficient to meet the threshold and it to be a concise yet compelling legal narrative,” said Vasiliev. 




Judges of the committee of the International Criminal Court Committee are assembled at the ICC headquarters in The Hague, Netherlands. (ICC file photo)

Justifying his position, Vasiliev said the standard for “reasonable grounds” was not as demanding as the more onerous “substantial grounds to believe,” adding that applications for arrest warrants were not “generally expected to provide elaborate analysis of the evidence.”

As to the timeline, some commentators expect the judges will make their decision in the near future.

“I think it is a matter of days until we know if the arrest warrants will be issued and then all 124 states that are members of the court are obligated to take action on them,” Gershon Baskin, Middle East director at the International Communities Organization, told Arab News. 




Children enjoy the luxury of riding atop a vehicle as many other Palestinians travel on foot along with their belongings to flee Rafah on May 28, 2024 , due to an Israeli military operation on May 28, 2024. (REUTERS)

Given that the ICC neither carries out arrests nor tries people in absentia, the question then becomes one of enforcement. There has been little sign of Israel handing over its own people, with Gallant stressing “it is not a party and does not recognize its authority.”

Nor do Gallant and Netanyahu have to worry about the US turning them over to the ICC. Khan’s move has engendered a rare moment of concord across the aisle, with Republican Sen. Lindsey Graham pushing to censure the ICC.

Graham received a positive response from Secretary of State Antony Blinken after asking: “I want to take actions, not just words. Will you support a bipartisan effort to sanction the ICC — not only for the outrage against Israel but to protect, in the future, our own interests?”




US Senator Lindsey Graham (R-SC) gives a statement to the press during his visit in Tel Aviv, Israel, on May 29, 2024. (REUTERS)

Catching some off-guard, particularly given its vocal support for Israel and having echoed other European states in describing the ICC move as “deeply unhelpful,” Chancellor Olaf Scholz confirmed Germany would not defy an ICC arrest warrant were one to be issued.

On Monday, Israel’s Attorney General Gali Baharav-Miara said Israel’s legal system is actively investigating allegations of possible criminal misconduct during the war in Gaza and that Khan’s request for arrest warrants was therefore hasty and inappropriate. 

“The states that established the court saw it as a tool for dealing with situations where there is ‘no law and no judge.’ That is not our situation,” Baharav-Miara told a conference of the Israel Bar Association.

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“It would have been more correct for the prosecutor to wait until the internal state procedures were completed before making a decision. It would have been right to give the state of Israel a fair opportunity in this regard.”

Julia Roknifard, an assistant professor at the University of Nottingham’s School of Politics, History, and International Relations, says that in all likelihood, the ICC will not see a case actioned given the lack of jurisdiction it has over Israel itself.

“Netanyahu liked to travel to the US, but I don’t think he is welcome there now, and I don’t think he is in the mood right now to travel at all, so I think it is very unlikely that we would see an arrest were a warrant issued,” Roknifard told Arab News.

Echoing Roknifard, Baskin said it was highly unlikely that Gallant and Netanyahu would travel to any country in which they had any concern of being arrested and handed over to the ICC, describing warrants as “kind of a moot point.”

Roknifard does not believe Khan is pursuing warrants for mere symbolic reasons. “I wouldn’t read into the ICC motion more than it is supposed to be — to charge individuals with the crimes they have (allegedly) committed,” she said




International Criminal Court Prosecutor Karim Khan. (AFP)

Instead, like Imran, Roknifard touts the importance of the case brought by South Africa to the International Court of Justice, which last week ordered Israel to cease its offensive in Rafah — an order that Israel has ignored.

Commenting on Khan’s proposed arrest warrants, Imran said he saw it as less about a particular case and more about the future, or lack thereof, of the ICC.

“European states, I think, now have to make a choice between the institutions they have been supporting financially and their calls for a rules-based order modeled around international law and their support for Israel,” Imran told Arab News.

“We have seen many of them criticize the court in the wake of Khan’s announcement, and now we see some stating they will respect the decision, but it’s hard to tell what they will do were Netanyahu to actually travel to their territory with an arrest warrant out for him.

“Some will try and beat around the bush. But if they did not apply the decision, they would be essentially disowning this international institution and basically disintegrating the ICC and, if they do, that means they will have to change their policy goals.”
 

 


Hezbollah targets Israeli barracks after Islamist commander’s death

Hezbollah targets Israeli barracks after Islamist commander’s death
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Hezbollah targets Israeli barracks after Islamist commander’s death

Hezbollah targets Israeli barracks after Islamist commander’s death
  • Israel and Hezbollah have exchanged near-daily cross-border fire since the Gaza war erupted
  • On Saturday, the Jamaa Islamiya group announced the death of one of its commanders, Ayman Ghotmeh
BEIRUT: Lebanon’s Hezbollah militant group said Sunday it had targeted a military position in northern Israel with an armed drone in response to the killing of an Islamist commander.
Israel and the powerful Iran-backed group, a Hamas ally, have exchanged near-daily cross-border fire since the Gaza war erupted on October 7.
Hezbollah’s announcement came hours after it published a video excerpt purporting to show locations in Israel along with their coordinates, amid heightening fears of an all-out conflict between the two foes.
On Saturday, the Jamaa Islamiya group announced the death of one of its commanders, Ayman Ghotmeh, saying he was killed “in a treacherous Zionist raid” in Khiara in Lebanon’s eastern Bekaa area.
Israel later confirmed it had carried out the strike, saying Ghotmeh was responsible for supplying the Fajr Forces, Jamaa Islamiya’s armed wing, and Hamas with weapons in the area.
Hezbollah on Sunday said its fighters launched a strike “with an attack drone” on a military leadership position in the Beit Hillel barracks “in response to the assassination carried out by the Israeli enemy in the town of Khiara.”
The Israeli military meanwhile said in a statement that a drone had “crossed from Lebanon and fell in the area of Beit Hillel,” adding that “no injuries were reported.”
Cross-border tensions have surged over the past days, with Israel’s military announcing on Tuesday that a plan for an offensive in Lebanon had been “approved and validated.”
Hezbollah chief Hassan Nasrallah responded with threats that no part of Israel would be spared in the event of an all-out war.
The Lebanese armed group on Saturday evening published a video showing Israeli positions and coordinates, along with an excerpt of Nasrallah’s speech in which he says “if war is imposed on Lebanon, the resistance will fight without restrictions or rules.”
Days earlier, it had circulated a nine-minute video showing aerial footage purportedly taken by the movement over northern Israel, including what it said were sensitive military, defense and energy facilities and infrastructure in the city and port of Haifa.
The cross-border violence has killed at least 480 people in Lebanon, most of them fighters but also 93 civilians, according to an AFP tally.
Israeli authorities say at least 15 soldiers and 11 civilians have been killed in the country’s north.

Merchant ship damaged by drone attack in Red Sea: UK agency

Merchant ship damaged by drone attack in Red Sea: UK agency
Updated 23 June 2024
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Merchant ship damaged by drone attack in Red Sea: UK agency

Merchant ship damaged by drone attack in Red Sea: UK agency
  • Vessels in and around the Red Sea have come under repeated attack for months by Iran-backed Houthi rebels in Yemen

DUBAI: A merchant ship was damaged by a drone attack in the Red Sea near Yemen early Sunday morning, though no injuries were reported, according to a British maritime security agency.
Vessels in and around the Red Sea have come under repeated attack for months by Iran-backed Houthi rebels in Yemen who say they are acting in support of Palestinians during the Israel-Hamas war in the Gaza Strip.
The attack occurred about 65 nautical miles (120 kilometers) west of the Yemeni port city of Hodeidah, said the United Kingdom Maritime Trade Operations, which is run by the British navy.

 


“The Master of a merchant vessel reports being hit by uncrewed aerial system (UAS), resulting in damage to the vessel. All crew members are reported safe, and the vessel is proceeding to its next port of call,” said a bulletin from the agency.
“Authorities are investigating,” it added, offering no attribution for the attack.
On Saturday, the US Central Command, which has carried out retaliatory strikes against the Houthis over their attacks on shipping, said it had destroyed three nautical drones belonging to the group over the past 24 hours.
It also said the group had launched three anti-ship missiles into the Gulf of Aden, but no injuries or significant damage were reported.


Israeli strikes kill at least 42 in Gaza, enclave’s government media office says

Israeli strikes kill at least 42 in Gaza, enclave’s government media office says
Updated 23 June 2024
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Israeli strikes kill at least 42 in Gaza, enclave’s government media office says

Israeli strikes kill at least 42 in Gaza, enclave’s government media office says
  • One Israeli strike on houses in Al-Shati, a historic refugee camp, killed 24 people
  • Another 18 Palestinians killed in a strike on houses in the Al-Tuffah neighborhood

CAIRO: At least 42 people were killed in Israeli attacks on districts of Gaza City in the north of the Palestinian enclave on Saturday, the director of the Hamas-run government media office said.

One Israeli strike on houses in Al-Shati, one of the Gaza Strip’s eight historic refugee camps, killed 24 people, Ismail Al-Thawabta said. Another 18 Palestinians were killed in a strike on houses in the Al-Tuffah neighborhood.

The Israeli military released a brief statement saying: “A short while ago, IDF fighter jets struck two Hamas military infrastructure sites in the area of Gaza City.”

It said more details would be released soon.

Exchanges of fire across the Lebanese border between Israel and the powerful Iran-backed militant group Hezbollah have also escalated in recent weeks, raising fears of an even wider war.

UN Secretary-General Antonio Guterres said Friday that the cross-border hostilities must not turn Lebanon into “another Gaza,” warning of the risk of triggering a catastrophe “beyond imagination.”

His warning came as Israel stepped up its strikes in the Gaza Strip, where one hospital in Gaza City reported at least 30 dead on Friday.

Fighting continued Saturday morning, with witnesses reporting gunbattles between militants and Israeli forces in Gaza City.

And in the city’s Zeitun neighborhood, Israeli helicopters fired at militants, witnesses said.

The Israeli military meanwhile said troops continued to carry out operations in central Gaza “eliminating several armed terrorists and dismantling terrorist infrastructure in the area.”

“Fighter jets and additional aircraft struck numerous terror targets in the Gaza Strip, including armed terrorists, weapons storage facilities, and additional terrorist infrastructure,” it added.

In southern Gaza, the ICRC on Friday said 22 dead and 45 wounded people were taken to a Red Cross field hospital after shelling with “heavy calibre projectiles” near its Gaza office.

“Firing so dangerously close to humanitarian structures puts the lives of civilians and humanitarians at risk,” the ICRC said on X.

The health ministry in the Hamas-run territory blamed the shelling on Israel, saying there were 25 killed and 50 wounded in the southern coastal Al-Mawasi area, where thousands of displaced people have been sheltering in tents.

An Israeli military spokesman did not acknowledge any role in the incident but said it was “under review.”

In the north of the Strip, the director of Gaza City’s Al-Ahli hospital was quoted by the territory’s health ministry as reporting 30 dead in strikes.

“It has been a difficult and brutal day in Gaza City. So far, around 30 martyrs have arrived at the Al-Ahli Arab Hospital,” doctor Fadel Naeem was quoted as saying.

Civil defense agency spokesman Mahmud Basal said five municipal workers died when a garage in the city was bombed.

Lebanon-based Hamas ally Hezbollah meanwhile claimed a number of attacks on Israeli troops and positions near the border on Friday, including two using drones.

The Israeli army said it had carried out multiple retaliatory strikes on both days.

Israeli jets on Friday struck a “Hezbollah military structure in the area of Khiam, a Hezbollah military post in the area of Mais Al-Jabal, and Hezbollah terrorist infrastructure in the areas of Taybeh and Tallouseh in southern Lebanon,” the army said in a statement.

Experts are divided on the prospect of a wider war, almost nine months into Israel’s campaign to eradicate Hamas in the Gaza Strip.

Amid the escalating exchanges between Israel and Hezbollah, Israel’s military said Tuesday that plans for an offensive in Lebanon had been “approved and validated.”

Hezbollah chief Hassan Nasrallah said “no place” in Israel would “be spared our rockets” in a wider war, and also threatened nearby European Union member Cyprus.

Citing the “bellicose rhetoric” on both sides, UN chief Guterres warned Friday that the risk of all-out war was real.

“One rash move — one miscalculation — could trigger a catastrophe that goes far beyond the border, and frankly, beyond imagination,” he said.

Israel’s ally the United States has appealed for de-escalation.

The violence on the Lebanon border began after the October 7 attack on southern Israel by Hamas militants from Gaza. That attack resulted in the deaths of 1,194 people, mostly civilians, according to an AFP tally based on Israeli official figures.

The militants also seized hostages, 116 of whom remain in Gaza although the army says 41 are dead.

As of Thursday, Israel’s retaliatory offensive had killed at least 37,431 people, also mostly civilians, according to Gaza’s health ministry.

Months of negotiations toward a truce and a hostage release have failed to make headway, but mediator Qatar insisted Friday it was still working to “bridge the gap” between Israel and Hamas.

The war has destroyed much of Gaza’s infrastructure and left residents short of food, fuel and other essentials.

On June 16 the army said it would implement a daily “tactical pause of military activity” in a southern Gaza corridor to facilitate aid delivery.

But on Friday Richard Peeperkorn of the World Health Organization said “we did not see an impact on the humanitarian supplies coming in.”

Hisham Salem in Jabalia camp said: “The markets... used to be full, but now there is nothing left. I go around the entire market and I can’t find a kilo of onions, and if I do... it costs 140 shekels ($37).”

Doctor Thanos Gargavanis, a WHO trauma surgeon and emergency officer, said the UN in Gaza was trying to “operate in an unworkable environment.”

According to the WHO, 17 of the 36 hospitals in Gaza are operational, but only partially.

Israel’s military on Friday identified two more soldiers killed in Gaza, bringing the death toll since ground operations began to at least 312.

The war has revived a global push for Palestinians to be given a state of their own.

Armenia on Friday declared its recognition of “the State of Palestine,” prompting Israel to summon its ambassador for “a severe reprimand.”


Algerian women pioneer eco-friendly farming

Algerian women pioneer eco-friendly farming
Updated 23 June 2024
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Algerian women pioneer eco-friendly farming

Algerian women pioneer eco-friendly farming
  • The plant ecology and biodiversity graduates now run one of the country’s rare ecological plots of land, where the produce is grown in harmony with the broader ecosystem and without using pesticides

ALGIERS: Ibtissem Mahtout and Amira Messous pick fresh strawberries and tomatoes on the eco-friendly smallholding the two women are working near Algiers, a pioneering initiative in Algeria’s male-dominated agricultural sector.
After graduating from university four years ago, they left the capital and started working on the small patch of land in Douaouda, some 30 kilometers (18 miles) to the west.
“As soon as I’m in the field I’m happy,” said Messous, 28, holding a bundle of fresh beetroot.
“From morning to night, we’re here. To me, it’s the most beautiful job in the world.”
The plant ecology and biodiversity graduates now run one of the country’s rare ecological plots of land, where the produce is grown in harmony with the broader ecosystem and without using pesticides.

Amira Messous (L) and Ibtissem Mahtout (C) speak to a customer at their vegetable and fruit stand during the Friday market at an educational farm in Zeralda on May 30, 2024. (AFP)

Messous said it was challenging at first to “have to integrate” into a sector in which most people who work the land are men.
According to local media, as of last October just four percent of workers registered with the Chamber of Agriculture in Tipaza province where their land is were women.
But some “male farmers are happy to see educated women working the land,” said Messous.
“They take the time to explain things to us, and it brings more value to their own work.”
Her 29-year-old partner, Mahtout, recalls that they launched the project with just 60,000 Algerian dinars (around $445) — “enough to buy basic tools” — after renting the patch of land.

With the help of Torba, an association that promotes ecological farming in Algeria, they “learned to plant, to sow, to work the soil.”
Today, their 1,300-square-meter farm even employs one male worker full-time — and up to eight part-timers at harvest time.
When they are not in the fields themselves, the two women make full use of social media to sell their produce.

Ibtissem Mahtout (C) speaks with a customer who has come to pick up or buy their produce, at the Friday market at an educational farm in Zeralda, west of Algiers on May 30, 2024. (AFP)

On Instagram, they advertise their baskets of seasonal fruits and vegetables each week, and take orders for the produce on WhatsApp.
Come Friday, the first day of the Algerian weekend, clients pick up their orders at a larger farm in nearby Zeralda, where other smallholders also sell produce including flowers.
“We want to eat something healthy from time to time,” said Fatma Zohra, a 72-year-old loyal customer and subscriber to the small farm’s social media account.
“I found these girls very nice, and when I discovered they sell to subscribers, I wanted to encourage them.”
Each week, the pair sell between 10 and 30 baskets of fruit and vegetables that are in season.
The farm in Zeralda where they market their produce is also educational, and runs themed programs for children.
In addition to the Friday farmers’ market, it is also a meeting space for local families and offers cooking classes, entertainment and cultural events.
 


Tens of thousands rally against Israeli government

Tens of thousands rally against Israeli government
Updated 23 June 2024
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Tens of thousands rally against Israeli government

Tens of thousands rally against Israeli government
  • Anti-government protest organization Hofshi Israel estimated more than 150,000 people attended the rally, calling it the biggest since the Gaza war began

TEL AVIV: Tens of thousands of protesters waving Israeli flags and chanting slogans against Prime Minister Benjamin Netanyahu’s government rallied in Tel Aviv Saturday, demanding new elections and the return of hostages held in Gaza.
Large protests have occurred in the Israeli city on a weekly basis over Netanyahu’s handling of the nearly nine-month-old war in Gaza started by Hamas’s October 7 attack on southern Israel.
Many protesters held signs reading “Crime Minister” and “Stop the War” as people poured into the biggest Israeli city’s main thoroughfare.
“I am here because I am afraid of the future of my grandchild. There will be no future for them if we don’t go out and get rid of the horrible government,” said 66-year-old contractor Shai Erel.
“All of the rats in the Knesset... I wouldn’t let any one of them be a guard of a kindergarten.”
Anti-government protest organization Hofshi Israel estimated more than 150,000 people attended the rally, calling it the biggest since the Gaza war began.
Some demonstrators lay on the ground covered in red paint in the city’s Democracy Square to protest what they say is the death of the country’s democracy under Netanyahu.
In an address to the crowd, a former head of Israel’s domestic Shin Bet security agency, Yuval Diskin, condemned Netanyahu as Israel’s “worst prime minister.”
Many are frustrated with the country’s right-wing coalition, which includes Security Minister Itamar Ben Gvir and other far-right ultra-nationalists, accusing it of prolonging the war in Gaza and putting the country’s security and hostages at risk.
Yoram, a 50-year-old tour guide who declined to give his last name, said he was attending every weekly protest as Israel needed elections “yesterday” because of Netanyahu.
“I really hope that the government collapses,” he said. “If we go to the original date of elections in 2026, it is not going to be a democratic election.”
Hamas militants seized 251 hostages on October 7, of whom Israel believes 116 remain in Gaza, including 41 who the army says are dead.
A separate Tel Aviv rally on Saturday night drew thousands of relatives and supporters of the hostages.
The attack on Israel resulted in the deaths of 1,194 people, mostly civilians, according to an AFP tally based on Israeli official figures.
Israel’s retaliatory offensive in Gaza has killed at least 37,551 people, also mostly civilians, according to the health ministry in the Hamas-ruled territory.