My thoughts on the recent AIU Lecture Symposium and another uneventful night of studying for exams has resulted in a fun (that’s debatable) mini-project as I ended up creating my own mock Security Council resolution referring Israel and Palestinian Human Rights violations to the International Criminal Court.
Well, first of all I have a feeling I will have to explain how Israel and the PA may be held accountable for violations of international law on my upcoming exam.
Secondly, I think it is good practice to role-play this way so as to understand where the law may be applicable and where things might be a bit of a stretch for any prosecution – especially if you are going to be shouting demands to world leaders (how embarrassing to be misinformed!).
I know this is a bit exhaustive (I was using the Darfur referral and an ICC Prosecutor summons warrant as mixed templates while using the Goldstone Report summary as my actual evidence) but if anyone out there has considered the possibility of the SC taking charge on the Israel/Palestine conflict and has any ideas or considerations about how justice may be enforced – do share your opinions!
Also, it is probably riddled with holes and formatting errors – this was not meant to be taken seriously.
RESOLUTION X
Adopted by the Discoursive Council at its final meeting, on 15 December 2009
The Discoursive Council,
HAVING EXAMINED the International Court of Justice (ICJ) Advisory Opinion of 9 July 2004 on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,” the United Nations Human Rights Council (UNHRC) “Human Rights in Palestine and Other Occupied Arab Territories Report of the United Nations Fact-Finding Mission on the Gaza Conflict” of 25 September 2009, and the supporting material and other information gathered by the Council;
NOTING Chapter VII of the Charter of the United Nations and Articles 7(1), 8(2)(a), 8(2)(b), and 12(3) of the Rome Statute;
NOTING ICJ Advisory Opinion of 9 July 2004 and Supreme Court of Israel judgement of 30 May 2004 which state, according to Article 2 of the Fourth Geneva Convention, because an armed conflict exists (despite recognition of war or states involved) and such a conflict has arisen between two contracting parties, the convention applies to Israel and the Palestinian Territories thus placing both parties responsible under Article 8(2)(a) and 8(2)(b) as conflicts of international character;
NOTING the Declaration recognizing the Jurisdiction of the International Criminal Court, as per Act 12(3) of the Rome Statute, on 21 January 2009 by Ali Kashan, Minister of Justice, on behalf of the Government of Palestine;
CONSIDERING that there are reasonable grounds to believe that there has been a failure by the Government of Israel and the Palestinian National Authority (PA) to provide effective penal sanctions for persons committing, or ordering to be committed any of the listed grave breaches included within the Convention as per Article 146 of the Fourth Geneva Convention regardless of their nationality, before their own courts;
CONSIDERING that there are reasonable grounds to pursue involved individuals within the parties of Israel and Palestine for war crimes as per Article 8(2)(a) and 8(2)(b) of the statute including prosecution of those responsible for crimes against protected persons (including willful killing, torture or other inhuman acts, taking hostages, and collective punishments), crimes against property (including extensive destruction of property not justified by military necessity and carried out unlawfully and wantonly, destroying or seizing property of the enemy, pillaging, and declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party), crimes relating to the use of prohibited methods and means of warfare (including directing an attack against civilians or civilian objects, launching an attack directed against legitimate targets if such attack causes excessive incidental civilian casualties or damage to the environment, improper use of the protective emblems, the use of starvation of civilians as a method of warfare, use of human shields and acts of terror), or direct attacks against protected personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission;
CONSIDERING that there are reasonable grounds to pursue the Government of Israel for crimes against humanity as per Article 7(1)(a) (murder) for fatal use of force during civilian demonstrations, 7(1)(d) (deportation or forcible transfer or population) for the expropriation of land for the building of the wall and its infrastructure, settlements, buffer zones, military bases and military training zones, and the roads built to connect these places, 7(1)(e) (Imprisonment or other severe deprivation of physical liberty) for detention of men, women and children Palestinians without due process, for the combination of physical obstacles, such as full territory closures in Gaza and the West Bank, roadblocks, checkpoints, “Israeli only” roads, and the Wall, and administrative measures, such as identity cards, permits, assigned residence, laws on family reunification, and policies on the right to enter from abroad and the right of return for refugees, and 7(1)(j) (Apartheid) as the result of preventative measures taken by Israel to restrict self-determination and self-governance of the Palestinian people, official fragmentation of the Palestinian population, official discrimination exemplified by administrative identity cards, and the accumulation of the previous questioned violations;
CONSIDERING that there are reasonable grounds to pursue the PA and Hamas for crimes against humanity as per Article 7(1)(a) against Hamas supporters by the PA and Fatah supporters by Hamas; 7(1)(e) for the arrests of civilian supporters of Hamas by the PA ; 7(1)(f) for practices used by PA security forces in the West Bank amounting to torture, and cruel, inhumane and degrading treatment and punishment sometimes resulting in death; and 7(1)(h) for excessive force and suppression of popular demonstrations supporting Gaza by PA security services;
DETERMINING that the situation in the Occupied Palestinian Territories continue to constitute a threat to international peace and security;
ACTING under Chapter VII of the Charter of the United Nations;
1. DECIDES to refer the situation in the Palestinian Occupied Territories since 28 December 2008 to the Prosecutor of the International Criminal Court;
2. DECIDES that the Government of Israel and all other parties to the conflict in the Palestinian Territories, shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution;
3. ALSO EMPHASIZES the jurisdiction of the ICC as per Article 12(3) in the Occupied Palestinian Territory;
4. RECOGNIZES that none of the expenses incurred in connection with the referral including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily;
5. INVITES the Prosecutor to address the Council within three months of their date of adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;
6. DECIDES to remain seized of the matter.
