Excellencies,
The International Federation for Human Rights (FIDH) reiterates its gravest concern and its horror at the worsening situation in the Gaza Strip.
As of yesterday, reports of the Palestinian Ministry of Health announced that the « Cast Lead » operation led by the Israeli Defense Forces in the Gaza Strip caused more than 910 deaths, including 292 children1 and injured more than 4250 persons, among which a large population of civilians.
FIDH welcomed UN Security Council Resolution 1860 (2009) adopted on January 8, 2009, expressing « grave concern at the escalation of violence and the deterioration of the situation, in particular the resulting heavy civilian casualties » and « condemn[ing] all violence and hostilities directed against civilians ».
Unfortunately, the resolution failed to include any operational aspect, in particular the deployment of an international commission of investigation. The situation nevertheless requires action, not just words.
In view of the increasing number of civilian victims, especially children and women, and the widespread and systematic attacks that the civilian population is suffering from the Israeli army in the Gaza strip, these attacks constitute grave breaches of international humanitarian law, and shall be qualified as war crimes, if not crimes against humanity under international criminal law.
As the only international organ in charge of maintaining international peace and security, the UN Security Council has the responsibility to decide on concrete actions aiming at preventing the repetition of these crimes, in particular through the deployment of independent judicial proceedings, prosecution and condemnation, at least of those who bear the highest responsibility in the crimes.
Considering that the crimes perpetrated by the Israeli army in the Gaza strip obviously fall within the material jurisdiction of the International Criminal Court (ICC), noting that Israel has not ratified the Statute of the ICC, activating the ICC jurisdiction for these crimes implies for the UN Security Council to refer the situation to the ICC.
Accordingly, the FIDH urges the UN Security Council to refer the situation to the ICC Prosecutor in compliance with Article 13(b) of the ICC Statute in order for the Prosecutor to initiate an investigation into crimes within its jurisdiction and to bring the perpetrators to justice.
Sincerly yours,
Souhayr Belhassen
FIDH President
Background Information on ICC Jurisdiction
Temporal Jurisdiction: The ICC can exercise its jurisdiction for crimes committed after the 1 July 2002, date of the entry into force of the ICC Statute. For States that ratified the Statute after its entry into force, the Court only has jurisdiction over crimes committed after the entry into force of the Statute in relation to these States.
Material Jurisdiction: The crimes under the jurisdiction of the ICC are:
Genocide (Article 6)
Crimes against humanity (Article 7)
War crimes (Article 8)
Personal and Territorial Jurisdiction: The ICC can only exercise its jurisdiction when the alleged crimes have been committed on theterritory of a State Party or by a national of State party (Article 12(2)).
There are exceptions to this principle (possibility for the Court to exercise jurisdiction over non-States Parties):
When the non-State Party accepts the jurisdiction of the Court for crimes committed on its territory or by its nationals (Article 12(3))
When the UN Security Council refers the situation (Article 12(3) a contrario – see also Article 13(b))
Triggering Mechanisms: The Court exercises jurisdiction when a situation in which one or more crimes falling under the jurisdiction of the Court appears to be committed, and:
is referred by a State Party (Article 13(a) and 14);
is referred by the UN Security Council acting under Chapter VII of the UN Charter (Article 13(b))
is the object of an investigation opened by the Prosecutor at its own initiative, with the authorization of the Pre-Trial Chamber (Articles 13(c) and 15).
1Ocha OPT, situation report January 12, 2009
http://www.ochaopt.org/?
Postagens
Nenhum comentário:
Postar um comentário