ABOUT JIJ

To: Mr. Karim A. A. Khan KC
Chief Prosecutor at the International Criminal Court in The Hague.
Oude Waalsdorperweg 10, 2597 AK Den Haag, Netherlands

Dear Mr. Khan,

I, the undersigned, am gravely concerned by the ongoing atrocities perpetrated by Hamas, Palestinian Islamic Jihad (PIJ), and other Palestinian armed groups in Israel, parties over which the International Criminal Court (ICC) Pre-Trial Chamber has determined it has jurisdiction. I commend your visit to Israel to meet personally with victims and their families. Given the ICC’s mission to ensure accountability for international crimes, I urge your immediate intervention by requesting arrest warrants against those responsible for these appalling acts and ensuring accountability for the crimes committed.

Beginning on the 7th of October, terrorists belonging to the above-mentioned groups infiltrated Israel to massacre over 1,200 individuals, including children, women, and the elderly, and injured over 5,550 more. The victims of these atrocities include both Israeli nationals as well as nationals from  25 different countries.

Evidence collected by first responders who handled the bodies of the victims, video recordings taken by the perpetrators themselves, and recorded interrogations of the terrorists have revealed the commission of atrocious acts. This includes a systematic campaign of sexual violence, including rape and genital mutilation, castration, beheading, dismemberment, and burning of bodies.

The leaders of Hamas, the Palestinian Islamic Jihad (PIJ), and other armed groups orchestrated a mass abduction of over 240 people, including 40 children. These groups have launched over 10,000 rockets, intentionally targeting Israeli civilian neighborhoods and cities. (The Iron Dome’s efficacy against rocket attacks and Israel’s investment in bomb shelters for its civilians does not negate the blatant unlawfulness of this tactic.) 

Israeli civil society groups and human rights defenders are working diligently to preserve evidence of these crimes, which were live-streamed on social media channels by the perpetrators as the massacre was still unfolding. As clear and indisputable violations of international humanitarian and criminal law, they must be included in the Situation in Palestine, which is already open and ongoing. 

These crimes include the following war crimes: 

• mutilation, cruel treatment, and torture (art. 8(2)(c)(i) of the Rome Statute),
• the taking of hostages (8(2)(c)(iii)), 
• committing outrages upon personal dignity (8(2)(c)(ii)), 
• intentionally directing attacks against the civilian population (8(2)(e)(i)),
• pillaging (8(2)(e)(v)), and
• rape and other forms of sexual violence (8(2)(e)(vi)). 

Additionally, crimes against humanity were and are also being committed by Hamas and other Palestinian armed groups. These include, among others: 

• torture (7(1)(f)),
• rape and other forms of sexual violence (7(1)(g)),
• persecution of an identifiable group on national, ethnic, and religious grounds (7(1)(h), and
• enforced disappearances (7(1)(i)). 

Furthermore, Hamas and Palestinian armed groups’ actions of October 7 could potentially amount to genocide, a crime under the ICC jurisdiction per article 6 of the Rome Statute.

It is imperative that your Office request that the Pre-Trial Chamber issue arrest warrants for the following Hamas officials who exercised command and control of the October 7th attack, in accordance with article 58 of the Rome Statute: 

• Yahya Sinwar (Hamas Chief in the Gaza Strip), 
• Mohammed Deif (militant and supreme military commander of Izz ad-Din al-Qassam Brigades),
• Ismail Haniyeh (Head  of the Hamas Political Bureau), 
• Khaled Mashaal (Chairman of the Hamas Political Bureau).

The speedy issuance of arrest warrants is essential to ensure their appearance at trial and prevent the continued commission of their crimes, which shocks the conscience of humanity.

The atrocities taking place in Israel are unprecedented, and they cannot remain neglected by the body that has already stated that it has jurisdiction over the crimes committed by Hamas and Palestinian armed groups. Accordingly, I urge you to pursue the aforementioned arrest warrants and ensure accountability for the crimes committed.

Sincerely,

Carolina Grimberg Golijov serves as a human rights, law and research officer at the Jerusalem Institute for Justice. She was born in Argentina and grew up in Spain, where she completed her law studies before immigrating to Israel in 2019. Carolina holds an LLM with a specialization in international law and human rights from the Hebrew University of Jerusalem. She has wide experience in the field, including her work as a research and professional assistant to the former Chief Prosecutor of the International Criminal Court, Luis Moreno Ocampo. In addition, she was part of the team of the Shurat Hadin organization, served as the coordinator of the international humanitarian law forum of the Association for the Advancement of International Humanitarian Law (ALMA), and has also worked in the fields of the cybersecurity industry and security exports, as well as in complex extradition cases.

Rob Buchheit, MS, CFP®, has served as the Executive Director of JIJ USA since 2017. With more than thirty years of financial planning experience, Rob leads the JIJ team’s development efforts in the USA. As a strong Zionist, he cares deeply about advocating for Israel and educating those with a desire to learn how to engage in a greater way.

Adv. Uri Morad was born, raised, and married in Israel, and now serves as the Director of JIJ’s International Law & Public Diplomacy Department. For Uri, as a former Givati Brigade combat soldier of the IDF, the suffering of others is not just a theoretical concept. Uri brings his enthusiasm for the law, human rights, and legal advocacy to JIJ’s international efforts and the intern program.

Adv. Rotem Ben-Simhon serves as the Director of JIJ’s Pro-bono Legal Aid Department and dedicates her efforts to safeguard the rights and freedoms of minorities under Israeli law. Adv. Ben-Simhon has successfully represented hundreds of cases and won precedent-setting rulings at the Israeli Supreme Court of Justice. Rotem is considered one of the top lawyers in her area of expertise in Israel.

Lydia Morgan, serves as the JIJ’s Chief Operations Officer and has dedicated her life in Israel to the advancement of human rights and civil justice for all peoples in Israel and the region.

Born in the USA, Lydia immigrated to Israel with her husband and 3 children, in 2007. With a background in management, marketing and conflict resolution, Lydia started her career at JIJ in 2008 and has been instrumental in the development, fiscal accountability and growth of the organization.

Lydia’s management gifts build an atmosphere of giving, trust and respect in the office, providing the essential foundation for personal growth as well as dedication and service.

Flavia Sevald has served as CEO of the Jerusalem Institute of Justice since 2014. Flavia directs the JIJ team to address issues of injustice for positive societal change.

Flavia is originally from Uruguay and has lived in Israel for more than 35 years. Before joining JIJ, she studied at Hebrew University and pursued a successful career in the High-Tech industry. Under Flavia’s direction, JIJ’s activities have developed domestically creating lasting social reforms for the benefit of Israeli citizens. And internationally, safeguarding Israel’s legitimacy and advancing civil society in the Middle East.

Flavia’s inclusiveness of others is a positive example of servant leadership and promotes the growth of a strong team. She believes that activism is a personal responsibility and an essential element in protecting human rights.

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Facebook offers a new, simple tool that can give you the option to bring awareness to a non-profit or cause on your birthday.

1. Go to your Facebook account and login.
2. After you login, on the Facebook “home” page look on the left side column. You should see the ‘fundraiser’ option under “Create” at the bottom. Click on “fundraiser” and then click on “Select Nonprofit”.
3. Search for and select the Jerusalem Institute of Justice (JIJ).
4. Set your fundraising goal (how much money do you want to raise) and time-frame. We’ve seen many successful fundraisers at $200 or even $500 or more. Set something that you feel good about and see where it goes! You can always raise the amount if you particularly like to challenge your friends. You can also give it a title and a description as to why you are raising money and a cover photo.
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