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<h2>US Leaders Aid and Abet Israeli War Crimes, Genocide &
Crimes against Humanity</h2>
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<div class="entry-meta"> <span class="entry-date">Friday 8 August
2014 at 8:12 AM ET</span> <span class="pull-right">edited by
<a href="http://jurist.org/jurist_search.php?q=Alex%20Ferraro">Alex
Ferraro</a><br>
<b><small><small><a class="moz-txt-link-freetext" href="http://jurist.org/forum/2014/08/marjorie-cohn-israel-crimes.php">http://jurist.org/forum/2014/08/marjorie-cohn-israel-crimes.php</a></small></small></b><br>
<br>
</span> </div>
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<div class="span12 box"> JURIST Contributing Editor Marjorie Cohn of
the Thomas Jefferson School of Law discusses the ongoing conflict
in Gaza ... </div>
<div class="smallest pull-right bottom5"> <br>
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<p> <strong>B</strong>y sending vast amounts of military aid to
Israel, members of the US Congress, President George W. Bush,
President Barack Obama and Defense Secretary Chuck Hagel have
aided and abetted the commission of war crimes, genocide and
crimes against humanity by Israeli officials and commanders in
Gaza. An individual can be convicted of a war crime, genocide or a
<a
href="http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf">crime
against humanity</a> [PDF] in the ICC if he or she "aids, abets
or otherwise assists" in the commission or attempted commission of
the crime, "including providing the means for its commission." </p>
<p>There is growing evidence that Israeli leaders and commanders
have committed the following war crimes, genocide and crimes
against humanity as defined in the Rome Statute for the ICC. US
military aid has aided, abetted and assisted the commission of
these crimes by providing Israel with the military means to commit
them. </p>
<p>During Operation Protective Edge, Israeli forces again used the
Dahiye Doctrine, which, <a
href="http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf">according
to the UN Human Rights Council [Goldstone] Report</a> [PDF],
involves "the application of disproportionate force and causing of
great damage and destruction to civilian property and
infrastructure, and suffering to civilian populations." </p>
<p>A summary of Israeli leaders' extensive crimes is presented
below.</p>
<p><strong>US military aid to Israel</strong></p>
<p>According to the Congressional Research Service, in 2007, the
Bush Administration agreed to provide Israel with <a
href="http://fas.org/sgp/crs/mideast/RL33222.pdf">$30 billion</a>
[PDF] in military assistance from 2009 to 2018, provided in annual
increments of $3.1 billion. During his March 2013 visit to Israel,
Obama <a
href="http://www.whitehouse.gov/the-press-office/2013/03/21/remarks-president-barack-obama-people-israel">pledged</a>
that the US would continue to provide Israel with multi-year
commitments of military aid subject to the approval of Congress.</p>
<p>Since 2012, the US has <a
href="http://www.amnesty.org/en/for-media/press-releases/usa-stop-arms-transfers-israel-amid-growing-evidence-war-crimes-gaza-2014-0">sent</a>
$276 million worth of weapons and munitions to Israel, not
including exports of military transport equipment and high
technologies. From January to May 2014, the US transferred to
Israel almost $27 million for rocket launchers, $9.3 million worth
of parts of guided missiles and nearly $762,000 for bombs,
grenades and munitions of war.</p>
<p>On July 20, 2014, Israel <a
href="http://abcnews.go.com/blogs/politics/2014/07/u-s-has-sold-ammunition-to-israel-since-start-of-gaza-conflict/">requested</a>
additional ammunition, including 140mm tank rounds and 40mm
illumination grenades, and the Defense Department approved the
sale three days later. It came from a $1 billion stockpile of
ammunition the US military stores in Israel for that country's
use; it is called War Reserve Stockpile Ammunition-Israel. In
early August 2014, both houses of Congress <a
href="http://www.cbsnews.com/news/congress-backs-225m-bill-to-replenish-israels-iron-dome-missile-defense/">overwhelmingly
passed</a>, and Obama signed, an appropriation of $225 billion
for Israel's Iron Dome missile defense system, which has also been
used in Gaza. The Senate vote was unanimous. With no debate, the
House of Representatives voted 395 to 8 to approve the deal.</p>
<p>Here is a summary of the crimes, as defined in the Rome Statute,
Israeli leaders have committed and US leaders have aided and
abetted:</p>
<p><strong>War crimes</strong></p>
<p>(1) <strong>Willful killing</strong>: Israeli forces have <a
href="http://www.usatoday.com/story/news/world/2014/08/07/gaza-children/13673931/]">killed</a>
nearly 2,000 Palestinians (more than <a
href="http://www.democracynow.org/2014/7/21/palestinian_human_rights_lawyer_raji_sourani">400
children</a> and over 80% civilians). Israel used 155-millimeter
artillery, which, <a
href="http://www.truth-out.org/news/item/25442-as-palestinians-go-to-icc-human-rights-watch-alleges-israeli-war-crimes-for-shooting-fleeing-gazans">according
to</a> Human Rights Watch, is "utterly inappropriate in a
densely populated area, because this kind of artillery is
considered accurate if it lands anyplace within a 50-meter
radius."</p>
<p>(2) <strong>Willfully causing great suffering or serious injury
to body or health</strong>: Nearly <a
href="http://www.haaretz.com/news/diplomacy-defense/.premium-1.608892">10,000
people</a>, 2,500 of them children, have been wounded. Naban Abu
Shaar <a
href="http://www.thedailybeast.com/articles/2014/08/01/who-is-behind-gaza-s-mass-execution.html">told</a>
the Daily Beast that the dead bodies from what appeared to be a
"mass execution" in Khuza'a looked like they were "melted" and
were piled on top of each other; assault rifle bullet casings
found in the house were marked "IMI" (Israel Military Industries).
UNICEF <a
href="http://www.nytimes.com/2014/08/06/world/middleeast/un-reports-dire-impact-on-children-in-gaza-strip.html?_r=0">said</a>
the Israeli offensive has had a "catastrophic and tragic impact"
on children in Gaza; about 373,000 children have had traumatic
experiences and need psychological help. The UN Relief and Works
Agency for Palestine Refugees (UNRWA) <a
href="http://www.democracynow.org/2014/8/4/disgraceful_criminal_act_israel_condemned_as">said</a>:
"There's a public health catastrophe going on. You know, most of
the medical facilities in Gaza are non-operational."</p>
<p>(3) <strong>Unlawful and wanton, extensive destruction and
appropriation of property not justified by military necessity</strong>:
Tens of thousands of Palestinians have <a
href="http://www.nytimes.com/interactive/2014/08/03/world/middleeast/assessing-the-damage-and-destruction-in-gaza.html">lost
their homes</a>. More than 1,300 buildings were destroyed and
752 were severely damaged. Damage to sewer and water
infrastructure has <a
href="http://www.reuters.com/article/2014/08/04/us-mideast-gaza-reconstruction-idUSKBN0G40PS20140804">affected</a>
two-thirds of Gazans. On July 20, Israeli forces virtually
flattened the small town of Khuza'a; one man <a
href="http://www.telegraph.co.uk/news/worldnews/middleeast/gaza/11012640/Gaza-conflict-360-degree-panorama-of-flattened-town-of-Khuzaa-Gaza.html">counted</a>
360 shell attacks in one hour. Reconstruction of Gaza is estimated
to <a
href="http://www.voanews.com/content/palestinian-official-at-least-6-billion-to-rebuild-gaza/1970960.html">cost</a>
$6 billion. Israel <a
href="http://www.theguardian.com/commentisfree/2014/aug/05/gaza-buffer-zone-dennis-kucinich">shrunk</a>
Gaza's habitable land mass by 44 percent, establishing a 3 km
"no-go" zone for Palestinians; 147 square miles of land will be
compressed into 82 square miles. Oxfam <a
href="http://www.oxfam.org/en/pressroom/pressrelease/2014-08-01/gaza-crisis-spiralling-out-control">described</a>
the level of destruction as "outrageous ... much worse than
anything we have seen in previous [Israeli] military operations."</p>
<p>(4) <strong>Willfully depriving a prisoner of war or a civilian
the rights of fair and regular trial</strong>: Nearly 2,000
Palestinians were arrested by Israeli forces during July 2014, <a
href="http://samidoun.ca/2014/08/july-2014-over-1930-palestinians-arrested-by-occupation-forces/">according</a>
to the Palestinian Prisoners Center for Studies. Prisoners include
15 members of the Palestinian Legislative Council, about 240
children, dozens of women, journalists, activists, academics and
62 former prisoners previously released in a prisoner exchange.
Israeli forces executed many prisoners after arrest, either by
directly firing on them, refusing to allow treatment or allowing
them to bleed to death. More than 445 prisoners are being held
without charge or trial under administrative detention.</p>
<p>(5) <strong>Intentionally directing attacks against the civilian
population, civilian objects, or humanitarian vehicles,
installations and personnel</strong>: "The civilian population
in the Gaza Strip is under direct attack," <a
href="http://www.alternativenews.org/english/index.php/features/human-rights/8364-int-legal-experts-end-collective-punishment-in-gaza">reads</a>
a joint declaration of over 150 international law experts. Israeli
forces violated the principle of "distinction," which forbids
deliberate attacks on civilians or civilian objects. Israeli
forces bombed 142 schools (89 run by the UN), including six UN
schools in which civilians were taking refuge. Israeli forces shot
and killed fleeing civilians (warnings, which must effectively
give civilians time to flee before bombing, do not relieve Israel
from its legal obligations not to target civilians). Israeli
forces repeatedly bombed Gaza's only power plant and other
infrastructure, which are "beyond repair." Israeli forces <a
href="http://www.un.org/apps/news/story.asp?NewsID=48395#.U-RBUIBdVBM">bombed</a>
one-third of Gaza's hospitals, 14 primary healthcare clinics and
29 ambulances. At least five medical staff were killed and tens of
others were injured.</p>
<p>(6) <strong>Intentionally launching attacks with knowledge they
will cause incidental loss of life or injury to civilians or
damage to civilian objects or long-term severe damage to the
natural environment, if they are clearly excessive in relation
to the anticipated military advantage</strong>: The principle of
"proportionality" forbids disproportionate and excessive civilian
casualties compared to the claimed military advantage gained in
the attack. The Dahiye Doctrine directly <a
href="http://www.irishtimes.com/news/world/middle-east/it-is-a-war-crime-to-target-densely-packed-gaza-homes-1.1874825">violates</a>
this principle. Responding to Hamas' rockets with 155-millimeter
artillery is <a
href="http://www.nytimes.com/2014/08/04/world/middleeast/international-scrutiny-after-israeli-barrage-strike-in-jabaliya-where-united-nations-school-shelters-palestinians-in-gaza.html">disproportionate</a>.
Although nearly 2,000 Palestinians (over 80 percent civilians) <a
href="http://my.firedoglake.com/fairleft/2014/08/04/1843-palestinians-67-israelis-killed-in-gaza-conflict-boycott-israel-bds-now-more-than-ever/">have
been killed</a>, 67 Israelis (all but three of them soldiers)
have been killed. The coordinates of all UN facilities were
repeatedly <a
href="http://www.state.gov/r/pa/prs/ps/2014/230160.htm">communicated</a>
to the Israeli forces; they nevertheless <a
href="http://www.globalresearch.ca/israel-bombs-yet-another-united-nations-school-killing-women-and-children/5394068">bombed</a>
them multiple times. Civilians were <a
href="http://www.alternet.org/media/american-media-finally-waking-truth-about-israels-assault-gaza">attacked</a>
in Shuja'iyyah market.</p>
<p>(7) <strong>Attacking or bombarding undefended towns, villages,
dwellings or buildings, or intentionally attacking religious,
educational and medical buildings, which are not military
objectives</strong>: On July 20, Israeli forces virtually
flattened the small town of Khuza'a; one man <a
href="http://www.telegraph.co.uk/news/worldnews/middleeast/gaza/11012640/Gaza-conflict-360-degree-panorama-of-flattened-town-of-Khuzaa-Gaza.html">counted</a>
360 shell attacks in one hour. Israeli forces <a
href="http://www.nytimes.com/2014/08/06/world/middleeast/un-reports-dire-impact-on-children-in-gaza-strip.html">bombed</a>
142 schools (89 run by the UN), one-third of Gaza's hospitals, 14
primary healthcare clinics, and <a
href="http://www.un.org/apps/news/story.asp?NewsID=48395#.U-RFC4BdVBM">29
ambulances</a>. Israeli shelling completely <a
href="http://www.middleeastmonitor.com/news/middle-east/13229-israel-bombed-161-mosques-in-gaza">destroyed</a>
41 mosques and partially destroyed 120 mosques. </p>
<p><strong>Genocide</strong></p>
<p>(a) <strong>With the intent to destroy, in whole or in part, a
national, ethnical, racial or religious group:</strong>
Palestinians, including primarily civilians, and Palestinian
infrastructure necessary to sustain life were deliberately
targeted by Israeli forces.</p>
<p>(b) <strong>The commission of any of the following acts</strong></p>
<p>(i) <strong>killing members of the group</strong>: Israeli
forces <a
href="http://www.washingtonpost.com/world/israeli-airstrike-kills-militant-leader-before-unilateral-cease-fire/2014/08/04/7979b66d-e990-4009-8735-19c24e9538c0_story.html">killed
</a>nearly 2,000 Palestinians.<br>
(ii) <strong>causing serious bodily or mental harm to members of
the group</strong>: Israeli forces <a
href="http://www.haaretz.com/news/diplomacy-defense/.premium-1.608892">wounded</a>
10,000 Palestinians.<br>
(iii) <strong>deliberately inflicting on the group conditions of
life calculated to bring about its destruction in whole or in
part</strong>: Israeli forces devastated Gaza's infrastructure,
knocking out Gaza's only power plant, and destroying homes,
schools, buildings, mosques and hospitals.</p>
<p><strong>Crimes against humanity</strong></p>
<p>(A) <strong>The commission of murder as part of a widespread or
systematic attack against any civilian population</strong>:
Israeli forces relentlessly <a
href="http://www.aljazeera.com/programmes/specialseries/2014/08/gaza-under-fire-one-month-20148720459697565.html">bombed</a>
Gaza for one month, killing nearly <a
href="http://www.washingtonpost.com/world/israeli-airstrike-kills-militant-leader-before-unilateral-cease-fire/2014/08/04/7979b66d-e990-4009-8735-19c24e9538c0_story.html">2,000
Palestinians</a>, more than 80 percent of whom were civilians.
Israeli forces intentionally destroyed Gaza's infrastructure, <a
href="http://www.nbcnews.com/storyline/middle-east-unrest/israel-strikes-fuel-tanks-gazas-only-power-plant-n167291">knocking
out</a> Gaza's only power plant, and <a
href="http://electronicintifada.net/blogs/rania-khalek/israel-deliberately-targeting-civilians-gaza">destroying</a>
homes, schools, buildings, mosques and hospitals.</p>
<p>(B) <strong>Persecution against a group or collectivity based on
its political, racial, national, ethnic or religious character,
as part of a widespread or systematic attack against any
civilian population</strong>: Israeli forces killed, wounded,
summarily executed, and administratively detained Palestinians,
Hamas forces and civilians alike. Israel forces intentionally
destroyed the infrastructure of Gaza, populated by Palestinians.
UN Secretary General Ban Ki-moon <a
href="http://abcnews.go.com/US/wireStory/jordan-circulates-revised-resolution-gaza-24857584">said</a>:
"the massive death and destruction in Gaza have shocked and shamed
the world." He added the repeated bombing of UN shelters
facilities in Gaza was "outrageous, unacceptable and
unjustifiable." </p>
<p>(C) <strong>The crime of apartheid (inhumane acts committed in
the context of an institutional regime of systematic oppression
and domination by one racial group over another racial group,
with the intent to maintain that regime)</strong>: Ali Hayek,
head of Gaza's federation of industries representing 3,900
businesses that employ 35,000 people, <a
href="http://www.nytimes.com/2014/08/07/world/middleeast/after-conflict-gaza-industry-lies-in-ashes.html?_r=0">said</a>:
"After 30 days of war, the economic situation has become, like,
dead. It seems the occupation intentionally destroyed these vital
factories that constitute the backbone of the society." Israel
maintains an illegal barrier wall that encroaches on Palestinian
territory and builds illegal Jewish settlements on Palestinian
lands. Israel keeps Gazans caged in what many call "the world's
largest open air prison." Israel controls all ingress and egress
to Gaza, limits Gazans' access to medicine, subjects Palestinians
to arbitrary arrest, expropriates their property, maintains
separate areas and roads, segregated housing, different legal and
educational systems for Palestinians and Jews and prevents mixed
marriages. Only Jews, not Palestinians, have the right to return
to Israel-Palestine.</p>
<p><strong>Collective punishment </strong></p>
<p>Although the Rome Statute does not include the crime of
collective punishment, it is considered a grave breach of the <a
href="http://www.icrc.org/ihl/INTRO/380">Fourth Geneva
Convention</a>, which constitutes a war crime. Collective
punishment means punishing a civilian for an offense he or she has
not personally committed; it forbids reprisals against civilians
and their property (civilian objects). </p>
<p>Ostensibly to rout out Hamas fighters, Israel has <a
href="http://electronicintifada.net/blogs/rania-khalek/israel-deliberately-targeting-civilians-gaza">wreaked</a>
unprecedented devastation on the people of Gaza, killing nearly
2,000 people (more than 80 percent of them civilians) and
destroying much of the infrastructure of Gaza. This constitutes
collective punishment.</p>
<p>On August 5, 2014, veteran Israeli military advisor Giora Eiland
advocated collective punishment of Gaza's civilian population, <a
href="https://www.middleeastmonitor.com/news/middle-east/13255-israel-uses-media-incitement-to-justify-collective-slaughter-of-palestinians-in-gaza">saying</a>:
"In order to guarantee our interests versus the other side's
demands, we must avoid the artificial, wrong and dangerous
distinction between the Hamas people, who are 'the bad guys,' and
Gaza's residents, which are allegedly 'the good guys.'" That is
precisely the strategy Israel has employed during Operation
Protective Edge.</p>
<p>Israel's occupation of Palestinian lands also constitutes
collective punishment. Israel maintains effective control over
Gaza's land, airspace, seaport, electricity, water,
telecommunications and population registry. Israel deprives Gazans
of food, medicine, fuel and basic services. </p>
<p><strong>Prospects for criminal accountability</strong></p>
<p>Both Israel and the US have refused to ratify the Rome Statute.
But if Palestine were a party to the statute, the ICC could
exercise jurisdiction over crimes committed by Israelis and
Americans in Palestinian territory. The ICC could also take
jurisdiction if the UN Security Council refers the matter to the
ICC, or if the ICC prosecutor initiates an investigation of the
crime. The US would veto any Security Council referral to the ICC.
And the ICC prosecutor has not initiated an investigation. So the
question is whether Palestine can ratify the statute, thereby
becoming a party to the ICC.</p>
<p>In 2009, the Palestinian National Authority filed a <a
href="http://iccforum.com/media/background/gaza/2009-01-21_Palestinian_National_Authority_Declaration.pdf">declaration</a>
[PDF] with the ICC accepting the court's jurisdiction. In 2012,
the UN General Assembly overwhelmingly <a
href="http://jurist.org/paperchase/2012/12/israel-rejects-palestinian-authority-statehood-despite-un-resolution.php">recognized</a>
Palestine as a non-member observer state. During the present war,
the Palestinian minister of justice and the deputy minister of
justice both submitted documents to the ICC indicating that the
2009 declaration is still valid. On August 5, 2014, the
Palestinian minister of foreign affairs met with officials from
the ICC and inquired about the procedures for Palestine to become
a party to the statute.</p>
<p>On July 25, 2014, a French lawyer <a
href="http://www.france24.com/en/20140725-israel-icc-war-crimes-gaza-complaint-filed/">filed</a>
a complaint with the ICC on behalf of the Palestinian justice
minister. Citing Israel's military occupation of Palestinian
territories, Israel's blockade of the Gaza Strip and the ongoing
military operations there, the complaint alleges that Israel
committed war crimes and other crimes. The Palestinian government
has not formally commented on this complaint.</p>
<p>On July 23, 2014, the UN Human Rights Council <a
href="http://www.latimes.com/opinion/op-ed/la-oe-wallance-gaza-unfair-un-resolution--20140729-story.html">established</a>
a commission of inquiry into Israeli violations of international
human rights and international humanitarian law. The resolution
also called on parties to the Fourth Geneva Convention to convene
and respond to the alleged violations. That convention requires
parties to prosecute violators. Countries can bring foreign
nationals to justice for war crimes, genocide and crimes against
humanity under the well-established doctrine of universal
jurisdiction. Genocide charges could also be brought under the
Genocide Convention, to which both Israel and the United States
are parties. That convention also punishes complicity in genocide;
US leaders' provision of military aid would constitute complicity.</p>
<p>Although the Israeli and US governments continue to maintain that
Israel has only acted in self-defense against Hamas' terrorism,
the weight of world opinion points in the opposite direction.
There is overwhelming opposition to Israeli aggression in Gaza and
calls for justice and accountability.</p>
<p>Both Israeli and US leaders must be criminally prosecuted for
committing and aiding and abetting these crimes.</p>
<p><br>
<em>Marjorie Cohn is a professor at Thomas Jefferson School of
Law, deputy secretary general of the International Association
of Democratic Lawyers, and a former president of the National
Lawyers Guild. Her next book, "Drones and Targeted Killing:
Legal, Moral, and Geopolitical Issues," will be published in
September.</em></p>
<p><strong>Suggested Citation: </strong>Marjorie Cohn, <em>US
Leaders Aid and Abet Israeli War Crimes, Genocide & Crimes
against Humanity</em>, JURIST - Forum, August 8, 2014,
<a class="moz-txt-link-freetext" href="http://jurist.org/forum/2014/08/marjorie-cohn-israel-crimes.php">http://jurist.org/forum/2014/08/marjorie-cohn-israel-crimes.php</a>. </p>
<hr height="1"><font size="1">This article was prepared for
publication by <a
href="http://jurist.org/jurist_search.php?q=Alex+Ferrarot">Alex
Ferraro</a>, JURIST's Managing Editor. Please direct any
questions or comments to him at <a
href="mailto:academiccommentary@jurist.org">academiccommentary@jurist.org</a></font>
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