False Flag Operation, The Lie becomes the Truth: “Israel is the Victim of Palestinian Aggression”. According to the ICC, “There Never Was A Genocide”.
International Criminal Court (ICC) Prosecutor Karim A. A. Khan K.C. Accuses Palestine of Waging War against Israel
First published on May 24, 2024, Revised on June 19, 2024, Update on November 22, 2024
Update
The media has duly informed us that arrest warrants are to be issued against Netanyahu and Gallant as well as Hamas’ Military Chief Mohammed al-Masri (Mohammed Deif), pursuant to ICC Prosecutor KC Karim A. A. Khan’s report (see below)
Judges at the International Criminal Court (ICC) have issued arrest warrants for Israel’s prime minister and former defence minister, as well as the military commander of Hamas.
A warrant was also issued for Mohammed Deif although Israel has said he was killed in an air strike in Gaza in July.
The judges said there were “reasonable grounds” the three men bore “criminal responsibility” [see image below] for alleged war crimes and crimes against humanity during the war between Israel and Hamas. Both Israel and Hamas have rejected the allegations.”(BBC)
The media reports are misleading specifically the BBC, which points to an arrest warrant pertaining to Hamas leader Mahommed Dief who was killed by Israel’s IDF.
Three arrest warrants of Hamas leaders had initially been contemplated in the ICC Prosecutor’s Report released in May 2024.
It was the ICC on November 20, 2024 which decided to issue an arrest warrant solely for Mohammed Dief, His death was confirmed beyond doubt. WHY? Sofar, arrest warrants directed against the two other Hamas leaders namely Yahya Sinwar, and Ismail Haniyeh are not mentioned.
Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, was killed by the IDF. His death was confirmed. WHY ISSUE AN ARREST WARRANT AGAINST A DEAD MAN.
The names of the other two Hamas leaders (as contained by the ICC prosecutor’s report) were (with some exceptions) not highlighted or mentioned by the mainstream media.
And now President Biden has confirmed that the the ICC decision regarding Netanyahu and Gallant is “antisemitic”.
The ICC arrest warants with regard to Netanyahu and Gallant are largely redundant. Both Israel and the U.S. are not members of the ICC, which means that an arrest ordered by the ICC will never occur.
Palestine has been a member of the ICC since 2014.
Video Karim Khan, May 2024 Statement, Source. ICC
Today I am filing applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.
–
ICC Prosecutor Khan on application for arrest warrants in the situation in the State of Palestine
Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), Ismail Haniyeh
On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023:
- Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
- Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
- Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
- Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
- Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
- Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
- Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
- Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.
These are the despicable and criminal accusations directed against Hamas.
The ICC does not acknowledge that Israel is conducting a genocide against Palestine. The ICC’s prosecutor statement above regarding Hamas confirms that the ICC is complicit in the conduct of genocide as defined in Articles III and IV of the Genocide Convention. Neither does the ICC acknowledge the extensive evidence of a false flag.
Israel is not a member of the ICC and neither is the U.S., which means that the arrests warrants against Netanyahu and Gallant will never be carried out.
In contrast, Palestine (Palestinian National Authority) is a member of the ICC (2014) which means that an arrest warrant against members of the Hamas government could be carried out.
But the media reports in chorus point to the absurd: i.e. that ICC is slated to issue an arrest warrant against Mohammed Dief, who was assassinated by Israel.
The Peace and Solidarity Movement must acknowledge that the ICC is in derogation of International Law.
The ICC Prosecutor Karim A..A. Khan fails to mention genocide in his lengthy report (see below), What he puts forth is of a criminal nature. He his complicit in acts of genocide conducted by the State of Israel. The Geneva Genocide Convention, defines complicity in articles III and IV.
For a detailed and updated analysis on the arrest warrants, see the following article:
Arrest Warrants against Netanyahu and Gallant, The ICC Firmly Endorses Genocide against Palestine
By , November 22, 2024
In solidarity wit the People of Palestine
Michel Chossudovsky, Global Research, November 22, 2024
***
False Flag Operation, The Lie becomes the Truth: “Israel is the Victim of Palestinian Aggression”.
According to the ICC, “There Never Was A Genocide”
by
Michel Chossudovsky
May 2024
Introduction
There is a complex history behind Israel’s October 2023 plan to “Wipe Gaza off the Map”. It’s an ongoing genocide, an absolute slaughter, coupled with atrocities:
It’s a criminal undertaking based on Israel’s doctrine of “Justified Vengeance” which was first formulated in 2001.
The “Justified Vengeance” doctrine propounds in no uncertain terms that Palestine (despite its limited military capabilities) is “the Aggressor” and that “Israel has the right to defend itself” which since October 7, 2023 consists in the conduct of a carefully planned genocide against the People of Palestine.
Paul Larudee begs the question:
“Is there a point at which the genocide in Gaza becomes egregious enough to provoke other countries to directly intervene in the Gaza Strip to prevent further genocide?
Can Israel exterminate the entire population without anyone stopping them?”
The answer to that question is provided by the International Criminal Court (ICC) in the form of the most despicable set of accusations directed against Palestinians who are the victims of “An Act of Genocide” instigated by Israel with the unbending support of most Western governments.
False Flag. “Palestine Attacks Israel”
Below is the statement of the ICC Prosecutor and King’s Counsel Karim A.A. Khan which accuses Palestine of committing crimes against humanity as well as war crimes, while carefully ignoring the evidence pertaining to Israel’s “false flag” operation which has resulted quite “deliberately” on the part of Netanyahu government in the deaths of innocent Israeli civilians.
“A false flag” in relation to Israel constitutes a carefully planned Israeli-US intelligence operation which results in the deaths of innocent Israeli civilians. In turn, Israel will place the blame on the State of Palestine, with view to justifying “A State of Readiness for War” against the Gaza Strip.
Military operations are invariably planned well in advance. The October 7, 2023 “Operation Al-Aqsa Storm” was not a “surprise attack”.
It was a False Flag operation carried out by a “faction” (intelligence assets) within Hamas, in close liaison with Mossad and U.S. intelligence.
The false flag logic –which has resulted in Israeli casualties–, has provided Israel with a justification to undertake a genocide against Palestinians.
On that same day of October 7, 2023 Netanyahu launched a military operation against the Gaza Strip entitled “State of Readiness For War”.
Had “Operation Al-Aqsa Storm” been a “surprise attack” as parroted by the media, Netanyahu’s “State of Readiness For War” could not have been carried out (at short notice) on that same day, namely October 7, 2023.
Palestinian Children: The Victims of Israeli atrocities
It Was Not a “Surprise Attack”
Military operations are invariably planned well in advance. The October 7, 2023 “Operation Al-Aqsa Storm” was not a “surprise attack”. It was a False Flag operation carried out by a “faction” (intelligence assets) within Hamas, in close liaison with Mossad and U.S. intelligence.
According to Dr. Philip Giraldi, a renowned analyst and former CIA official:
As a former intelligence officer, I find it impossible to believe that Israel did not have multiple informants inside Gaza as well as electronic listening devices all along the border wall which would have picked up movements of groups and vehicles.
In other words, the whole thing might be a tissue of lies as is often the case. (October 8, 2023)
According to Efrat Fenigson, former IDF intelligence official (published on October 7, 2023)
There’s no way Israel did not know of what’s coming.
How come border crossings were wide open?
Something is VERY WRONG HERE, something is very strange, this chain of events is very unusual and not typical for the Israeli defense system.
To me this surprise attack seems like a planned operation. On all fronts.
The Features of the Gaza Fence largely confirm the above statements by Giraldi and Fenigson:
According to Israel’s defence ministry “the barrier includes hundreds of cameras, radars and other sensors, it spans 65km
The ministry said the project’s “smart fence” is more than six metres high and its maritime barrier includes means to detect infiltration by sea and a remote-controlled weapons system.
See also the following article:
By. Dr. Paul Craig Roberts, General Herzl Halevi, and Prof Michel Chossudovsky, October 9, 2023
MICHEL CHOSSUDOVSKY – MIDDLE EAST WAR: A FALSE FLAG LEADING TO MORE FALSE FLAGS?
“False Flag” in Support of “Israel’s Act of Genocide”
It should be understood that the implementation of the False Flag was carefully coordinated with Israel’s “Act of Genocide” directed against the People of Palestine.
On that same day of October 7, 2023 Netanyahu launched a military operation against the Gaza Strip entitled “State of Readiness For War”.
Had “Operation Al-Aqsa Storm” been a “surprise attack” as parroted by the media, Netanyahu’s “State of Readiness For War”could not have been carried out (at short notice) on that same day, namely October 7, 2023.
There is A Long History of Israeli False Flags
The late Prof Tanya Reinhart confirmed the formulation in 1997 of a False Flag Agenda entitled “The Green Light to Terror” which consisted in promoting (engineering) suicide attacks against Israeli civilians, citing “the Bloodshed as a Justification” to wage war on Palestine:
“…This is the “green light to terror” theme which the Military Intelligence (Ama”n) has been promoting since 1997, when its anti-Oslo line was consolidated. This theme was since repeated again and again by military circles, and eventually became the mantra of Israeli propaganda… (See Chossudovsky, October 23, 2023)
There is continuity: Israel’s Military Intelligence remains in charge of implementing false flag operations coupled with “Acts of Genocide” directed against Palestine.
For details and analysis on False Flags, See:
By Philip Giraldi and Prof Michel Chossudovsky, May 24, 2024
See also:
“Israel is the Victim of Palestinian Aggression”. The International Criminal Court (ICC) Accuses Palestine
In a bitter irony, the ICC Prosecutor’s accusations against Palestine –which include alleged acts of “Extermination”, “Murder” and “Torture” contends that the State of Israel rather than Palestine is the victim of Genocide:
According to the ICC Statement, Palestine’s “Act of Aggression” against Israel consists in:
- Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
- Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
- Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
- Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
- Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
- Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
- Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
- Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.
What these insidious legal statements imply is that the ICC has de facto given “its stamp of approval” to Israel’s “Justified Vengeance” against the People of Palestine, which is currently ongoing. The atrocities committed against Palestinians are beyond description:
”burnt alive after Israeli forces bombed tents”
Accusations against Hamas
‘Inasmuch as the issue of the False Flag (despite extensive evidence) has been casually dismissed by the ICC, as well as by Western governments and the media:
The accusations against Hamas are meaningless. They should be withdrawn.
The ICC has also denied “Palestine’s Right to Resist Israeli Occupation” under the Fourth Protocol of the Geneva Convention.
International law is unambiguous in its endorsement of “armed struggle” for peoples who seek self-determination under “colonial and foreign domination.”
United Nations resolution 37/43, dated 3 December 1982, “reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle.” Palestine Chronicle (emphasis added)
The Endgame is the Exclusion of Palestinians from their Homeland
The Evidence
What we have on record (which is the object of our analysis) is:
An official memorandum –released and declassified (made public) on October 13, 2023– by Israel’s Ministry of Intelligence, which confirms Israel’s planning of a Genocide against the People of Palestine.
This intelligence memorandum was prepared well in advance of October 7, 2023.
It was available to the ICC Team.
The thrust of the document describes what is currently unfolding, namely the Exclusion of Palestinians from Their Homeland.
This is Israel’s Plan (Before our Very Eyes)
“The forcible and permanent transfer of the Gaza Strip’s 2.2 million Palestinian residents to Egypt’s Sinai Peninsula”.
It’s a longstanding and carefully prepared initiative by Israel’s Ministry of Intelligence, which was declassified on October 13, 2023, namely one week after the commencement of the invasion of the Gaza Strip.
Concurrently, Israel’s Ministry of Intelligence was responsible for the implementation of the False Flag.
The endgame is the exclusion of Palestinians from their homeland.
We are dealing with an absurd “upside down rhetoric” “Mundus inversus” on the part of the ICC Prosecutor.
The Lie has become the Truth
Amply documented Israel is involved in acts of “Extermination” against Palestinians. Yet it is Israel which is described by the ICC as the “Victim of Palestinian Aggression.”
The Lie Prevails. International Law is Criminalized
The actual conduct of the genocide against Palestine —confirmed by numerous official Israeli documents to which the ICC had access– are casually ignored by the ICC Prosecutor.
I have reviewed the official ICC statement. There is not a single reference to the word “genocide”.
What we have on record (which is the object of our analysis) is:
An official memorandum –released and declassified (made public) on October 13, 2023– by Israel’s Ministry of Intelligence,
the memorandum confirms Israel’s planning of a Genocide against the People of Palestine.
This intelligence memorandum was prepared well in advance of October 7, 2023. The thrust of the document describes what is currently unfolding, namely the Exclusion of Palestinians from Their Homeland:
“The forcible and permanent transfer of the Gaza Strip’s 2.2 million Palestinian residents to Egypt’s Sinai Peninsula”.
Ask the ICC Prosecutor Karim A. A. Khan: What is the significance of this document?
Option. C. The Evacuation of the Civilian Population from Gaza to the Sinai
click here or below to access complete document (10 pages)
For further details and analysis see: “Wiping Gaza Off the Map”: Israel’s “Secret” Intelligence Memorandum “Option C” by Michel Chossudovsky
The Option C Blueprint: A Criminal Endeavour
The Option C which was declassified, is the Blueprint of Israel’s War against Palestine (among many classified intelligence documents), the underlying intent of which is to:
Destroy Palestine as a Nation State and Exclude Palestinians from their Homeland.
The Overthrow of Hamas is contemplated, which if carried out would no doubt result in the implementation of the three ICC Hamas Arrest Warrants.
Option C. calls for:
“The Evacuation of the civilian population from Gaza to Sinai”
See details below from the original document (emphasis added)
Israel is to act to evacuate the civilian population to Sinai. In the first stage, tent cities will be established in the area of Sinai.
The next stage includes the establishment of a humanitarian zone to assist the civilian population of Gaza and the construction of cities in a resettled area in northern Sinai.
A sterile zone of several kilometers should be created within Egypt, and the return of the population to activities/residences near the border with Israel should not be allowed.
In addition, a security perimeter should be established in our [Israel’s] territory near the border with Egypt. (Option C)
There are various military and operational dimensions which are currently being implemented.
Whereas the killings, destruction and the engineered famine are not acknowledged in the official government document, they are an integral part of the Option C. Agenda:
Hunger is a creeper. People will survive for months on their bodily reserves and on the little food they can scrape together.
But suddenly, people get under the absolute minimum in bodily assets and mass deaths will start on an industrial scale.
Once erupted, hunger and disease deaths will be enormous.
Holocaust – death brought by Israel on civilians on industrial scale will erupt, if this is not reversed NOW. (Karsten Riise)
With regard to propaganda, lobbying and public relations, the focus is on:
“harnessing the support of the United States and additional pro-Israeli countries for the endeavor”. (Text of Option C)
The role of Egypt in Option C is of course crucial:
Egypt has an obligation under international law to allow the passage of the population.
Israel must act to promote a broad diplomatic initiative aimed at countries that will support assisting the displaced population and agree to absorb them as refugees.(Option C)
Solidarity with Palestine
It is important as part of the Palestine solidarity movement that Option C be fully understood. It is a criminal endeavor. It is part of Israel’s “Act of Genocide”.
The State of Israel is in blatant violation of the Genocide Convention. And so is the ICC prosecutor.
For further details and analysis: click here to access complete Option C document (10 pages).
See also: “Wiping Gaza Off the Map”: Israel’s “Secret” Intelligence Memorandum “Option C” by Michel Chossudovsky
The ICC Prosecutor is a “Double Speak”.
We are dealing with an absurd “upside down rhetoric” “Mundus inversus” on the part of the ICC Prosecutor.
While the ICC Prosecutor accuses Palestine, he rightfully acknowledges the crimes committed by Prime Minister Benjamin Netanyahu and Israeli Defence Minister Yoav Gallant, specifically with regard to the starvation of civilians as a method of warfare.
This issue is fundamental. Starvation in the Gaza Strip is ongoing. It’s a crime against humanity. It’s Genocide.
For nearly 8 months, Israel still chokes off nearly all food and other vital supplies to Gaza.
Gaza needs 500 trucks of supply every day, and near-nothing is coming through.
The US pier supplies 25-50 trucks per day, and everything else is closed.
With irregular intervals, reports have come the past months, but never about more than some 100 or 150 trucks on a few days.
Reports about starvation are made public, and this is obviously getting worse. (Karsten Riise, communication to the author)
ICC Prosecutor Karim A. A. Khan’s presentation is cautious.
He essentially contends that “crimes have been committed by both sides” while intimating that “The Fourth Military Power” on the Planet, “Has a Right to Defend Itself” (in the words of Joe Biden on October 7).
The False Flag which constitutes a crime against humanity, is not addressed by the ICC, nor is the issue of the Genocide against the People of Palestine.
The document (above) confirms the State of Israel’s prior intent to implement genocide against the people of Palestine in violation of the Genocide Convention.
ICC Prosecutor Karim A..A. Khan does not want to be accused of “double standards”.
Netanyahu and Gallant are “The Fall Guys”
ICC prosecutor Karim Khan KC issued a statement [on May 20] proposing that arrest warrants are issued for Mr Netanyahu, Israel’s defence minister Yoav Gallant, Hamas leader Yahya Sinwar, Mohammed al-Masri, Hamas’s military chief, and Ismail Haniyeh, Hamas’s political leader. (Independent)
Karim Khan’s allegations directed against Netanyahu and Yoav Gallant which are fully corroborated, coupled with arrest warrants, are intent to:
—reach out and mislead the anti-Zionist peace movement,
—provide a sense of (fake) “legitimacy” to the ICC’s far-reaching accusations against Palestine (“extermination and murder”).
— Dispel the existence of a False Flag. Deny Israeli civilian casualties linked to the “False Flag”
—provide a “human face” to Karim Khan KC
Nowhere in the ICC Prosecutor’s report is the issue of “Israel’s genocide directed against the People of Palestine” mentioned.
In this regard, the Arrest Warrants directed by the ICC against the three Hamas leaders serve to:
- “Side Track” the Strategic Role of the “False Flag Operation“
- Refute the very existence of a Genocide,
- Endorse Israel’s “Act of Self Defense” against Palestine.
In regards to the arrest warrants directed against Netanyahu and Gallant, it is highly unlikely that they will be carried out.
(Netanyahu already has a criminal record. In November 2019, he was officially “indicted for breach of trust, accepting bribes, and fraud”)
Of relevance, the CIA has been operating in the background in collaboration with Israeli intelligence.
There are unspoken strategic objectives.
In mid-May 2024, CIA Director Bill Burns was in Cairo for negotiations behind closed doors with both Israeli and Hamas officials, regarding a possible ceasefire.
The three arrest warrants directed against the leaders of Hamas are intended to “confirm” that the alleged October 7, 2023 Act of “Aggression” against Israel was NOT (despite the evidence) part of a “False Flag” (i.e. inside intelligence op. carefully coordinated by Israeli and U.S. intelligence).
The ICC Arrest Warrants directed against Netanyahu and Gallant (which will never be carried out), serve the useful purpose of placing the blame while at the same time deflecting our understanding as to who from a strategic standpoint is behind the conduct of the Genocide directed against the People of Palestine.
What this does is to distract public opinion. It misleads the peace movement. It creates divisions within the solidarity movement with Palestine.
Big Money Economic Interests
Bear in mind there are powerful economic interests which are supportive of the Genocide.
They have their eyes on Gaza’s Multibillion Offshore Maritime Gas Reserves.
See:
By Felicity Arbuthnot and Prof Michel Chossudovsky, April 23, 2024
Anglo-America Controls both the ICC and the IJC
The ICC Arrest Warrants directed against Netanyahu and Gallant (which will never be carried out), serve the useful purpose of placing the blame while at the same time deflecting our understanding as to who from a strategic standpoint is behind the conduct of the Genocide directed against the People of Palestine.
What this does is to distract public opinion. It misleads the peace movement. It creates divisions within the solidarity movement with Palestine.
I should mention that the False Flag issue –which constitutes a crime against humanity on the part of Israel and the U.S.– has been casually ignored both by the International Court of Justice (IJC) (Chief Justice Donahue, former adviser to Hillary Clinton). (January 2024)
And now by the International Criminal Court (ICC) on behalf of His Majesty’s Prosecutor, K.C. (King’s Counsel).
In this regard, the Arrest Warrants directed against the three Hamas leaders serve not only to Side Track the Role of the “False Flag Operation“, but also to endorse the legitimacy of the Genocide which is portrayed as an Act of Self Defense by Israel.
It is worth noting that the conduct of False Flag Attacks have been endorsed by Netanyahu:
“Anyone who wants to thwart the establishment of a Palestinian state has to support bolstering Hamas and transferring money to Hamas,” he [Netanyahu] told a meeting of his Likud party’s Knesset members in March 2019. “This is part of our strategy – to isolate the Palestinians in Gaza from the Palestinians in the West Bank.” (Haaretz, October 9, 2023, emphasis added)
The U.N based judicial system is composed of the International Court of Justice (ICJ) and the International Criminal Court (ICC), both of which have deliberately ignored the issue of Genocide against Palestine. What is at stake is the outright criminalization of the UN judicial system.
The ICC Prosecutor Makes No Reference to “Genocide”
Despite the evidence, the ICC Prosecutor fails to acknowledge that Israel is conducting a Genocide.
The word Genocide is NOT mentioned in his statement.
The Convention on the Prevention and Punishment of the Crime of Genocide is not mentioned.
His statements point to the criminalization of the ICC.
What is the Truth, What is the Lie?
The Truth is that “Extermination” and “Murder” are being conducted by Israel, specifically targeting children (click here to access the video, requires Facebook)
—Michel Chossudovsky, Global Research, May 24, 2024
Statement of ICC Prosecutor Karim A.A. Khan KC:
Applications for arrest warrants
in the situation in the State of Palestine
link to the ICC
20 May 2024
Today I am filing applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.
.
.
On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023:
- Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
- Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
- Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
- Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
- Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
- Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
- Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
- Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.
My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas running in parallel. We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies. Some of these crimes, in our assessment, continue to this day.
My Office submits there are reasonable grounds to believe that SINWAR, DEIF and HANIYEH are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages. As part of our investigations, my Office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz. The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence.
It is the view of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes. We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute.
During my own visit to Kibbutz Be’eri and Kibbutz Kfar Aza, as well as to the site of Supernova Music Festival in Re’im, I saw the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.
My Office also submits there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape, while being held in captivity. We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My Office also continues to investigate reports of sexual violence committed on 7 October.
I wish to express my gratitude to the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my Office. We remain focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered.
I again reiterate my call for the immediate release of all hostages taken from Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law.
Benjamin Netanyahu, Yoav Gallant
On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023:
- Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
- Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
- Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
- Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
- Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
- Persecution as a crime against humanity contrary to article 7(1)(h);
- Other inhumane acts as crimes against humanity contrary to article 7(1)(k).
My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel.
We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.
Click here to read the full text by prosecutor Karim A..A Khan, KC
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