War Crimes Tribunal Finds Israel Guilty Of Genocide Against The Palestinian People

War Crimes Tribunal Finds Israel Guilty Of Genocide Against The Palestinian People

Judgment will be submitted to the chief prosecutor of the International Criminal Court, UN and the UN Security Council for further action.

Michel Chossudovsky

- KUALA LUMPUR: "The Kuala Lumpur War Crimes Tribunal (KLWCT) today found former Israeli army general Amos Yaron and the state of Israel guilty of crimes against humanity and genocide stemming from the massacre of Palestinians in Beirut’s Sabra and Shatila refugee camps in 1982.

KLWCT president Tan Sri Lamin Mohd Yunus, who headed a seven-member panel, said the tribunal was satisfied beyond reasonable doubt that both the defendants were guilty as charged.

The other judges were Tunku Sofiah Jewa, Prof Salleh Buang, Prof Emeritus Datuk Dr Shad Saleem Faruqi, Datuk Saari Yusof, John Philpot and Tunku Intan Mainura.

Reading out the judgment for almost three hours, Lamin said the tribunal ordered that reparations commensurate with the irreparable harm and injury, pain and suffering undergone by the complainant, war crime victims be paid to them.

“While it’s constantly mindful of its stature as merely a tribunal of conscience with no real power or enforcement, this tribunal finds that witnesses in this case are entitled ex justitia to the payment or reparations by the two convicted parties,” he said.

Lamin said it was hoped that armed with the tribunal’s findings, the witnesses who were also the victims in the case, would, in the near future, find a state or an international judicial entity able and willing to exercise jurisdiction to enforce the tribunal’s verdict against the two convicted parties.

The tribunal also ordered that its award of reparations should be submitted to the War Crimes Commission to faciliate the determination and collection of reparations by the complainant war crime victims.

Lamin noted that the tribunal was fully aware that its verdict was merely declaratory in nature and had no power of enforcement.

“What we can do…is to recommend to the KLWCT to submit this finding of conviction by the tribunal, together with the record of these proceedings, to the chief prosecutor of the International Criminal Court, as well as the United Nations (UN) and the UN Security Council,” said the judge.

He also said the tribunal recommended that the names of the two convicted parties be entered and included in the commissions’s Registry of War Criminals and be publicised, accordingly.


Yaron was charged over his direct involvement in his capacity as the commanding general in the Sabra and Shatila massacre. This was the first time that Yaron had been charged for war crimes.

The second charge was against the state of Israel for the crime of genocide and war crimes on the Palestinians.

The charges were the result of complaints received by KLWCT from victims from Palestine (Gaza and West Bank) and the Sabra and Shatila refugee camps in Lebanon last year.

During the six-day trial, the tribunal heard 11 prosecution witnesses, including Palestinians from both Muslim and Christian descent, as well as Malaysian surgeon Dr Ang Swee Chai who served at the camp at the time of the massacre.

Six of the witnesses testified at the KLWCT while the other five gave evidence through Skype.


Lead prosecutor Prof Gurdial S. Nijar described the verdict as “significant” as this marked the first time that the Israel state had been found guilty of genocide."

The prosecutor stated today’s judgment would be submitted to the chief prosecutor of the ICC, the UN and the UN Security Council for further action.

And the Prosecutor added that the judgment would also be publicised and circulated to governments worldwide to provide all states an opportunity to exercise their jurisdiction on genocide.


http://www.informationclearinghouse.i nfo/article37129.htm

[video=youtube;zbhIuInUUKY]http://www.youtube.com/watch?v=zbhIuInUUKY[/video]

This proceeding had been delayed last Summer on procedural grounds, but it looks like the Court has now addressed the crimes and entered a Judgment.

 

More about this Court proceeding:

"The hearings on the genocide lawsuit started in August 2013. But the news soon faded into the background as the media extensively covered the mass shooting of hundreds of Egyptians who disagreed with President Morsi’s arrest and the growing tensions around Syria due to a possible American missile strike.

On November 20-25, the final stage of the proceedings took place, initiated by a group of Palestinians, who reported a number of incidents.

The first one involved Israeli soldiers who killed 29 members of the extended Samouni family in the Zeitoun neighborhood of the Gaza Strip during the 22-day Operation Cast Lead in 2008 and 2009.

This is the most notorious crime against Palestinians over the last few years. Judge Goldstone incorporated it into his report, which he submitted to the UN after the operation was over.

The Samounis were a large family of peaceful farmers. None of them had ever participated in armed resistance. They were some of the few Palestinians who got on well with the Israeli settlers and they were frustrated by the removal of the settlements from the Gaza Strip.

In January 2009, an Israeli helicopter landed on their field. A few gunmen demanded that the Samounis turn in the Hamas militants to them. The next thing they did was bring the whole family under one roof and shoot them down dead, including the infants. Those who survived were found under the bodies of their relatives.

One of the survivors was the children’s mother. She repeatedly tried to get a criminal case started in various courts of law, but failed to get any compensation or apologies from Israel.

The second story revolved around the mass shooting of women and children in the Sabra and Shatila camps in Lebanon in 1982.

Other incidents included:

- lethal firing of teargas canisters and rubber bullets by Israeli Defense Forces that resulted in the deaths of unarmed civilians during the Intifada campaigns and subsequent protests;

- intensive, indiscriminate aerial bombing and artillery shelling of civilian quarters in the Gaza Strip in 2008;

- a university student who was shot without warning at a peaceful protest by an Israeli sniper, firing a fragmentary bullet that caused extensive and permanent damage to his internal organs;

- a Christian resident of the West Bank who was repeatedly imprisoned and tortured on grounds of subversion;

- a female resident of Nablus who suffered mental anxiety due to her imprisonment and subsequent social ostracism;

- a Palestinian physician who conducted studies on the psychological trauma inflicted, particularly on children, as result of constant intimidation, massive violence and state terror during and following the second Intifada; and

- Expert witness Paola Manduca, an Italian chemist and toxicologist, who found extreme levels of toxic contamination of the soil and water across the Gaza Strip, caused by Israeli weapons made of heavy metals and cancer-causing compounds.

The Tribunal found the State of Israel guilty of genocide of the Palestinian people in each of these cases, blaming former general Amos Yaron for the Sabra and Shatila massacre.

The Tribunal’s verdict reads as follows:

“The Tribunal is satisfied, beyond reasonable doubt, that the first defendant, [General] Amos Yaron, is guilty of crimes against humanity and genocide, and the second defendant, the State of Israel, is guilty of genocide.”


http://rt.com/op-edge/tribunal-israel-genocide-key-precedent-711/

 

This is the Crater left from a house Israel targeted in Gaza in her November 2012 MILITARY operation in Gaza, killing many members of one Palestinian family.

"A crater is seen on the ground following an overnight Israeli air strike in Beit Lahia in the northern Gaza Strip on November 20, 2013.(AFP Photo / Mohammed Abed"

http://rt.com/op-edge/tribunal-israel-genocide-key-precedent-711/

 

That concerns an incident and a particular man, Sharon. If it goes to court a ruling can be made on that incident. Even that particular incident is different to the Nazi and other East European treatment of Jews and others like the Roma. There there was a systematic procedure with the intent to eradicate them largely justified by Eugenics. There is no systematic process for killing Palestinians so you are on a red herring here which diminishes your argument. War crimes are war crimes. Systematic genocide is systematic genocide.

 

A tribunal in a Muslim nation found Israel guilty......shocking, such a surprise. Boggles the mind doesn't it.

 

Bringing people to justice for war crimes takes a lot of time, but there is no statute of limitations for these crimes.

Having said that, the ICC, that particular court, has only jurisdiction to address crimes occurring since they have been in existence, that was some date in 2002, I believe.

"Jurisdiction and Admissibility

The Court may exercise jurisdiction over genocide, crimes against humanity and war crimes. These crimes are defined in detail in the Rome Statute. In addition, a supplementary text of the “Elements of Crimes” provides a breakdown of the elements of each crime.

The Court has jurisdiction over individuals accused of these crimes. This includes those directly responsible for committing the crimes as well as others who may be liable for the crimes, for example by aiding, abetting or otherwise assisting in the commission of a crime. The latter group also includes military commanders or other superiors whose responsibility is defined in the Statute.

The Court does not have universal jurisdiction. The Court may only exercise jurisdiction if:

•The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;

•The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or

•The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime.

The Court’s jurisdiction is further limited to events taking place since 1 July 2002. In addition, if a State joins the Court after 1 July 2002, the Court only has jurisdiction after the Statute entered into force for that State. Such a State may nonetheless accept the jurisdiction of the Court for the period before the Statute’s entry into force. However, in no case can the Court exercise jurisdiction over events before 1 July 2002."

http://www.icc-cpi.int/en_menus/icc...nce/Pages/jurisdiction and admissibility.aspx

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That is right, they are human beings too.

 

The legal definition of genocide (Including Discussion and Key terms)

The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide.

Article II describes two elements of the crime of genocide:



1) the mental element, meaning the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such", and

2) the physical element which includes five acts described in sections a, b, c, d and e. A crime must include both elements to be called "genocide."

Article III described five punishable forms of the crime of genocide: genocide; conspiracy, incitement, attempt and complicity.

--------------------------------------------------------------------------------

Excerpt from the Convention on the Prevention and Punishment of Genocide (For full text click here)

"Article II: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:


(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III: The following acts shall be punishable:


(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide. "


http://www.preventgenocide.org/genocide/officialtext-printerfriendly.htm

 

We see from the definition of genocide it is the commission of certain acts that gives rise to commission of this crime.

It does not require all members of a groups be killed off, no such requirement exists.

This is the crime The Tribunal found Israel guilty of, the international crime of genocide.

 

Come on now, seriously? http://en.wikipedia.org/wiki/Malaysia

I could tell from the names themselves that they weren't of muslim origin, but of Southeast Asia.

 

Amazing! Here there are genocides going on in Syria in which hundreds of people are being killed almost every second day, and yet where is the Muslim voice? Seems to me Muslims have no worth to other Muslims unless they are being killed by Jews. Is it compassion then that drives them or plain hatred? That is the question.

 

The Syrian War is not over 70 years of Zionist genocide, which is what is ongoing in Palestine.

 

Malaysia is a predominantly Muslim nation.

 

Lol. Pretend 'War Crimes Tribunal' you mean.

 

This was not a war crimes tribunal it was a Muslim show trial.

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Ya Indonesia is a Muslim country too, they just aren't Arab, Malaysia is a Muslim state, you don't have a clue what you're talking about.

 

According to the link I provided, English is a recognized language, and a significant portion of minorities are Chinese 23%.

Stop it, just stop it. Compare Malyasia to any Muslim country. Go.

You won't find one.

 

Your claims are a laughable (*)(*)(*)(*)ing joke, Israel has not nor is it attempting to conduct a genocide against the so called Palestinians in fact it is the Palestinians who call for the extermination of world Jewry.

In part

The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.[2] The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)[26] that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)[27] paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.

The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms, but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group, or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 [of the Tribunal's Statute]."[28][29]

In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators’ activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."[27]


http://en.wikipedia.org/wiki/Genocide#In_part

As we can see from the legal interpretation of "in part" you don't have a (*)(*)(*)(*)ing clue what you're talking about considering that since the start of the first Intifada in 1987 there has been less than 30,000 Palestinian deaths (including combatants), that is a casualty rate of less than 1% of the current Palestinian population over an extended time period of mutual combat of 26 years and both the Palestinian populations in the West Bank/Gaza and Israel proper have an exponential growth rate.

http://en.wikipedia.org/wiki/Palestinian_casualties_of_war
This tribunal was a Muslim show trial and a (*)(*)(*)(*)ing joke.

 

According to your wikipedia article they are 61% Muslim, the last time I checked that qualifies as a Muslim state in fact according to this wikipedia article:

http://en.wikipedia.org/wiki/Religion_in_Malaysia#Law_and_politics

They have sharia courts, religious minorities face many restrictions, and Islam is the official state religion:

http://en.wikipedia.org/wiki/Religion_in_Malaysia#Law_and_politics

 

I have a friend that left Sweden for Italy. Why? Because he was Jewish. So yeah I think this is pretty accurate.

On a side note if we can nail Israel with war crimes, can't Israel then in turn smack Palestine with war crimes? I mean they aren't exactly saints with them massacring school children as one of their many crimes.

 

What is this thread BUT pure nonsense.. Please

 

What I find amusing is that there are some people who actually give credence to such a sham.

 

In those seventy years, have as many Muslims been killed by Jews, as have been killed by other Muslims in a year? Besides, isn't it genocide when Kurds are being killed and forced to flee into Iraq by Sunni terrorists, or when Shia and Alawites are being killed and forced to flee, or when Christians are being forced to flee, etc., etc. If it's not genocide, then what pray tell is it?

I mean come on, let's not ignore those major atrocities by mentioning one that occurred decades ago and that was minimal in comparison.

 

I recognize the name "Michael Chossudovsky" from this site:
http://www.globalresearch.ca/
I've been familiar with it for several years, and view it as a sometimes interesting source of conspiracy theory opinion. Credibility rating comes in around the level of Pravda.ru or Prison Planet.
This story "says something" but not very much. They took the long way to say that they think Israel is bad, and they don't like it.

 

Sorry mate, but your tired and cliche-riddled anti-Muslim propaganda rants have become a stale joke.

 

Uh huh, and I guess Israel's Kahan Commission is also a "joke" for finding Israel, the IDF and Ariel Sharon, whom Kahan found to "bear personal responsibility", to be culpable in the massacres in Sabra and Shatila. Or did you conveniently forget that minor detail?

 

Islam is not only the majority religion of Malaysia it is the state religion.

There are more Muslims in Southeast Asia than in Arab countries.

Read you link.