Ismail Haniyeh - Crimes Against Humanity
Communication to the Office of the Prosecutor of the International Criminal Court regarding Crimes against Humanity committed by Ismail Haniyeh against the Palestinian population in the Gaza Strip from June 2014 through July 2018
EXECUTIVE SUMMARY
We, the Jerusalem Institute of Justice, submit this communication to the Office of the Prosecutor of the International Criminal Court concerning Ismail Haniyeh’s crimes against humanity committed through widespread and/or systematic acts of murder, imprisonment, and torture of civilians in the Gaza Strip.
On January 16, 2015, the Prosecutor began a preliminary examination into the “situation in Palestine” to determine whether a full investigation should be opened for crimes committed within the Palestinian territories. In this communication, we contend that if any full investigation is to be pursued into crimes committed in such territories or by Palestinian nationals, then a case should be lodged against Haniyeh.
Haniyeh is, and has been at all times material to this communication, a senior leader of Hamas. He has played a pivotal role in developing and enforcing Hamas’ extremist ideology and consistent human rights violations against the Gazan civilian population as well as others. As the de facto and subsequently de jure leader of Hamas, Haniyeh wielded effective control over the relevant activities in Gaza. Hamas’ interconnected command structure is such that the political, social, and military wings of the organization are intertwined, and in reality, under a common, highly-centralized leadership. Accordingly, Haniyeh knew of and was in a position to prevent the crimes against humanity that have been committed against the civilian population of Gaza; yet he has manifestly failed to do so.
The case is grave enough to merit further investigation. Haniyeh’s crimes have had and will continue to have devastating consequences on the entire population of Gaza, as well as their families and the rest of society in the surrounding region. These crimes benefit no one but the Hamas leadership. As the Hamas-dominated Gazan courts have done nothing to punish those who play a direct role in committing these crimes against humanity, there is no prospect of local justice.
Haniyeh’s crimes are not merely historical; they are ongoing and contribute to the continued conflict between Hamas and Fatah and to the instability in the region. This internal conflict within the Palestinian leadership is damaging to the Palestinian population it is supposed to represent, and it constantly diminishes any chance of peaceful coexistence with its neighbours. The ICC has the rare opportunity to take an important step not just in punishing perpetrators and deterring crimes against humanity, but also in improving Gaza’s civil society and promoting peace. For all these reasons, if any investigation is to be pursued into crimes committed in Palestine, then we respectfully urge the Office of the Prosecutor to launch a full investigation into the actions of Haniyeh.
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LEGAL ACTION IN THE INTERNATIONAL ARENA
The Jerusalem Institute of Justice has been actively engaged in legal proceedings before the International Criminal Court (ICC), particularly focusing on the actions of Hamas and other terrorist organizations. In response to the October 7, 2023, attacks, JIJ has intensified its efforts to hold these groups accountable, arguing that these acts meet the criteria for genocide under international law. The legal documents submitted by JIJ underscore the historical context of the Genocide Convention of 1948 and emphasize the legal definition of genocide as codified in the Rome Statute of the ICC.
In past years, JIJ has filed extensive legal complaints and memos to both national and international bodies, highlighting human rights violations in the region. Their goal is to bring perpetrators, who have enjoyed impunity, to justice. Notably, JIJ has filed lawsuits against Hamas leader Ismail Haniyeh for war crimes committed against the Palestinian people in Gaza and against Chairman Mahmoud Abbas for crimes against Palestinian civilians in the West Bank.
In addition to these efforts, JIJ has submitted fifty-two Palestinian testimonies to the ICC in The Hague, revealing severe abuses committed by the Palestinian Authority against their own citizens. These testimonies detail brutal acts, including murder, kidnapping, imprisonment, torture, and rape of Palestinian and Israeli citizens residing in the West Bank. A landmark 1,800-page verdict by Judge Moshe Drori of the Jerusalem District Court has also held the Palestinian Authority accountable for these severe abuses.
52 testimonies of cruel torture
Notice to the Prosecutor at the International Criminal Court
Crimes against Humanity committed
against Palestinian citizens
Fifty-two Palestinian testimonies were submitted to the International Criminal Court in The Hague. These testimonies expose the brutal abuses committed by the Palestinian Authority against their own citizens.
“The Palestinian Authority is responsible for severe abuses, including: the murder, kidnapping, imprisonment, torture, and rape of 52 Palestinian and Israeli citizens, residents of the West Bank,” stated the long (1,800 pages) precedent setting verdict that was issued by judge Moshe Drori of the Jerusalem District Court.
The verdict described horrifying torture. Electric shocks, hanging upside down for long periods of time, pouring boiling plastic on the body, extraction of nails and teeth, sterilization, sleep deprivation, food restriction, the killing and raping of family members, the removal of a premature baby from her incubator, and other forms of inhumane abuse.
The verdict stated that the Palestinian Authority is responsible for murder and torture. The court ordered the PA to pay the plaintiffs partial compensation totaling over 3.8 million dollars for their imprisonment and over 400,000 dollars for trial expenses. Currently, the court continues to discuss the rate of additional compensation to the plaintiffs for the tortures, suffering, and disabilities they endured and for their property that was seized. It is estimated that the total compensation will amount to almost 28 million dollars.
The Jerusalem Institute of Justice along with Attorney Barak Kedem from the Arbus Kedem-Tzur firm, who represented the plaintiffs at the District Court of Jerusalem are working together in order to show the world the cruelty of the Palestinian Authority to their prisoners. These horrifying testimonies were submitted the to the ICC.
Attorney Uri Morad, Dir. of the International Law Department at the Jerusalem Institute of Justice, explains: “In February we addressed the ICC requesting that the Office of the Prosecutor open criminal investigations against the chair of the PA, Mahmud Abbas (Abu Mazen), for crimes he committed against his own people, including a long, systematic campaign of murder, torture, and imprisonment. These testimonies point to the existence of a well-oiled machine that oppresses a civil society.”
Attorney Barak Kedem adds, “The fact that there are people who experience this hell on earth should shock every human being, regardless of their nationality or political affiliation. One can’t stand idly by after hearing of the PA’s atrocities. I hope that the statements presented to the ICC will cause world leaders to ask themselves: ‘Do I want to continue to be part of this machine that transfers funds to the PA?’ The ICC will bring the perpetrators to justice.”
Prior to filing the testimonies, some of the plaintiffs agreed to be filmed and explain the horrors they experienced. From the testimonies-
“After the arrest, I suffered a heart attack, after seeing my little daughter paralyzed, because the PA removed her from her incubator in order to get revenge on me.”
“I wanted to die over 20 times a day, due to the suffering. The torture was horrible. One time they sat me on an electric chair, I was sure I would die.”
“A PA official showed me an explosive belt and told me that either I would wear it and perform a suicide bombing in Israel, or that they would kill me there.”
Included in the testimonies brought to the ICC is the account of a Palestinian civilian who entered Israel to carry out a terrorist attack. He was injured in a car accident on his way. He received high quality medical attention in Israel, and his life was no longer at risk. Following the treatment, he changed his position and became a collaborator and aided Israel in its war on terror. The PA’s retaliation was cruel. His wife was giving birth to a premature baby that needed the support of an incubator. The PA immediately removed them both from the hospital. This baby grew up to have severe physical and cognitive disabilities. Today she is 17 years old, and lives in a rehabilitative hospital in Beit Levinstein.
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UN-Believable?
Article by Charlotte Van Der Gucht.
The UN report on the Gaza demonstrations condemns Israel. No surprise.
The weekly “great march” alongside the security fence was supposed to be a totally peaceful demonstration by Palestinian civilians. However, with Hamas working behind the scenes on the Palestinian side, this demonstration turned into a violent confrontation. In February of this year, the United Nations (UN) presented their findings on the Gaza demonstrations held between March and December 2018.
Both parties’ actions during the demonstrations were investigated. However, the UN report is largely dedicated to the condemnation of only one party, the Israeli Defense Force (IDF). The commission mainly accuses IDF soldiers of killing demonstrators who didn’t pose an imminent threat to life, including children.
The UNknown: Objectivity is sought but rarely present
The UN’s report is drafted by an ‘independent international commission of inquiry’. But how reliable is such a commission if we look at the overall relation between the UN and Israel?
Every year for the past five years, over 20 UN resolutions have been directed against the only democracy in the Middle East, Israel. Whereas approximately 5 UN resolutions were directed at all countries in the world, combined! Let’s be clear: over a striking 80% of the UN resolutions were directed against Israel only. Israel does not claim to be faultless, but these numbers are astonishing.
Critical questions and concerns from members of the international community such as the UN are essential for the sake of justice. However, these numbers reveal a disproportionate targeting of Israel. It makes one wonder how objective this UN report is.
UNbelievable
“In the commission’s view, the demonstrations were civilian in nature.”
The report mentions that 183 allegedly ‘innocent’ Palestinians lost their lives. However, the statistics of the Intelligence and Terrorism information center (ITIC) confirm that “as for the identity of the fatalities 150 of 183 Palestinians were found to be affiliated with Hamas or with other terrorist organizations”.
The IDF qualified their actions by stating that members of Hamas were among the civilian protestors. They were responding to a new security threat, as the protests masked terror activities which include the launching of both incendiary kites and balloons filled with explosives. These in many cases were thrown by children. The devices caused many thousands of acres of farmland, animals and wildlife to burn creating an ecological disaster.
“Children are intentionally killed by the IDF”
35 of the 183 Palestinian losses were unfortunately children. The UN report accuses the IDF of having intentionally killed these children. But the real question is, who is responsible for these losses? The report does not reveal the sad context of Hamas using children as a method of warfare. Children are used as both human shields and child soldiers.
The education system in the Gaza strip, controlled by Hamas, systematically encourages children from a very young age to join the battle, to become martyrs. Later on, as adolescents they will attend summer camps where they will undergo military training. Ultimately, the children will be brainwashed to believe that Israel is their enemy, up to the point where they will join the demonstrations and risk their lives for the sake of Hamas. This is a despicable method, however, one that is never condemned by the UN.
Not only the Palestinian children, but the entire Palestinian population suffers under Hamas’ de facto control. Hundreds of protesters were paid to join the protests and others were coerced. Why did the UN report not mention this abuse even once? Again, critical reports and concerns on the conflict and demonstrations must be raised. But wouldn’t it be fair to investigate both sides with the same attention?
Adhering to international standards
It is beyond any dispute that alleged misconducts of IDF soldiers should be investigated and if necessary prosecuted. But the question is by whom? The UN calls upon the International Criminal Court (The ICC) in The Hague to investigate the actions of IDF soldiers. However, the ICC has no standing if Israel takes care of the investigations itself. This is what is called the principle of complementarity.
This principle is simple but ultra-relevant: The ICC cannot investigate alleged crimes when a country domestically opens a serious investigation adhering to international standards.
The Turkel Commission (consisting of independent international legal observers), in 2013, verified that the Israeli self-investigation system meets these international standards. An example of Israel’s willingness to scrutinize itself, is the case of IDF soldier, Elor Azaria.
Azaria shot in the head and fatally wounded a neutralized terrorist while standing less than 2 meters away from him. This disproportionate reaction has been investigated and led to the conviction of Elor Azaria for manslaughter on 4th of January 2017. This case proves that Israel is not afraid to investigate their own defense forces, although the investigations received a lot of criticism from the Israeli public. Examining your own defense forces is not a popular policy. Nevertheless, Israel continues to do so for the sake of justice and democracy.
Mahmoud Abbas - Accused of Crimes Against Humanity
Communication to the Office of the Prosecutor of the International Criminal Court regarding Crimes Against Humanity committed against Palestinian citizens in the West Bank by Mahmoud Abbas
EXECUTIVE SUMMARY
We, the Jerusalem Institute of Justice, submit this communication to the Office of the Prosecutor of the International Criminal Court concerning Mahmoud Abbas, in relation to crimes against humanity committed through a systematic and widespread campaign of murder, torture, and unlawful imprisonment against parts of the Palestinian population in in the territory of Judea and Samaria, known as the “West Bank”.
Abbas is a national of the Hashemite Kingdom of Jordan (“Jordan”), which has been a State Party to the ICC since 2002. Accordingly, the ICC has jurisdiction over crimes he has committed under the Rome Statute, regardless of where they took place.
Abbas became President of the Palestinian Authority (“PA”) in January 2005. Despite his term of office having elapsed without further elections being held, Abbas remains internationally recognized President and de facto leader of the PA, the body which maintains effective control over certain areas in the West Bank.
During his time in power, Abbas has directed or allowed various crimes against humanity against Palestinian groups – including those deemed to have been critical of the current PA government or which have supported rival Palestinian factions. Abbas knew of and was in a position to prevent the crimes against humanity that have been committed against the civilian population of the West Bank, yet he has manifestly failed to do so.
The case is grave enough to merit further investigation. Abbas’s crimes have had and will continue to have deleterious consequences on the Palestinian population of the West Bank, their families as well as the society and region. These crimes benefit no one but the PA leadership. There is no prospect of local justice; pursuant to a series of international agreements, the PA has sole jurisdiction over crimes committed by Palestinians against Palestinians within the West Bank. The PA courts are not independent of the PA government, and have done nothing to punish those who play a direct role in committing these crimes against humanity. In any event, as PA President, there is no realistic chance of Abbas being prosecuted by courts over which his administration exerts significant control.
The crimes of Abbas are not merely historical; they are ongoing and contribute to the continued conflict between the rival Palestinian political factions Hamas and Fatah, and to the instability in the region. This internal conflict within the Palestinian leadership is damaging to the Palestinian population it is supposed to represent, and renders peaceful coexistence with its neighbours increasingly difficult. The ICC has the rare opportunity to take an important step not just in punishing perpetrators and deterring crimes against humanity, but also in sending a powerful statement that torture and similar acts are unacceptable. For all these reasons, we urge the Office of the Prosecutor to launch a full investigation.
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MILITARIZATION OF CHILDREN
The Jerusalem Institute of Justice The Complainant v. Ismail Abdel Salam Ahmed Haniyeh (إسماعيل عبد السلام أحمد هنية). Accused of war crimes committed against the children of Gaza. Communication to the Prosecutor of the International Criminal Court regarding the militarization of children as amounting to war crimes by Ismail Abdel Salam Ahmed Haniyeh
Submitted on September 13, 2018
EXECUTIVE SUMMARY
We, the Jerusalem Institute of Justice, submit this communication to the Office of the Prosecutor of the International Criminal Court concerning Ismail Haniyeh’s war crimes through the recruitment, enlistment and use of children below the age of 15 to participate directly in hostilities in an armed conflict.
On January 16, 2015, the Prosecutor began a preliminary examination into the “situation in Palestine” to determine whether a full investigation should be opened for crimes committed within the Palestinian territories. In this communication, we contend that if any full investigation is to be pursued into crimes committed “Palestine” then a case should be lodged against Haniyeh.
Haniyeh is, and has been at all times material to this communication, a senior leader of Hamas. He has played a pivotal role in developing and enforcing Hamas’s extremist ideology and consistent human rights violations against, amongst others, the Gazan civilian population. Not only did Haniyeh fail to prevent war crimes against children committed by Hamas operatives, he has actively encouraged the recruitment of child soldiers to bolster the Hamas military and paramilitary forces.
In this communication we provide evidence that Haniyeh is guilty of the war crime of conscripting, enlisting or using children below the age of 15 to participate actively in hostilities. Though this known colloquially as using “child soldiers”, the crime also includes the use of children to support hostilities, including as “human shields”.
First as the de facto and subsequently the de jure leader of Hamas, Haniyeh wielded effective control over the relevant activities in the Gaza Strip. Hamas’ interconnected command structure is such that the political, social and military wings of the organisation are intertwined, and in reality under a common, highly-centralised leadership. Accordingly Haniyeh knew of and was in a position to prevent the enlistment/conscription/use of children as active participants in hostilities, but failed to do so. Secondly and even more egregiously, Haniyeh was an active proponent of the enlistment/conscription/use through his attendance of graduation ceremonies for military training camps aimed at recruiting children, and giving numerous speeches in which he advocated children joining the military struggle against Israel.
The case is grave enough to merit further investigation. Haniyeh’s crimes have had and will continue to have devastating consequences on the children of Gaza, their families as well as their society and region. Apart from mental and physical injuries or even deaths, these actions destroy the childhood of their victims, and perpetuate an endless cycle of conflict which benefits no one but the Hamas leadership. There is no prospect of local justice; the Hamas-dominated Gazan Courts have done nothing to punish those who play a direct role in committing these crimes against children.
Haniyeh’s crimes are not merely historical; they are ongoing and contribute to the radicalisation of each new generation of Palestinians – rendering peaceful coexistence with their neighbours increasingly difficult. The ICC therefore has the rare opportunity to take an important step not just in punishing perpetrators and deterring war crimes, but also in improving Gaza’s civil society and promoting peace. For all these reasons, we urge the Office of the Prosecutor to launch a full investigation into the actions of Haniyeh.