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.
Download
Torture and Inhumane Treatment
“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 approximately two years ago 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 pre-mature baby from her incubator, and other forms of inhumane abuse.
Download
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.