5, February 2021
ICC rules it has jurisdiction over Palestinian Territories, clears way for probe of Israeli actions 0
The International Criminal Court ruled on Friday that it has jurisdiction over war crimes or atrocities committed in the Palestinian Territories, paving the way for a criminal investigation, despite Israeli objections.
Judges said their decision was based on jurisdictional rules in its founding documents and does not imply any attempt to determine statehood or legal borders.
Israel, which is not a member of the court, has rejected its jurisdiction.
The ICC’s chief prosecutor, Fatou Bensouda, said in 2019 that there was a “reasonable basis” to open a war crimes probe into Israeli military actions in the Gaza Strip as well as Israeli settlement activity in the West Bank. But she asked the court to determine whether she has territorial jurisdiction before proceeding with the case.
She named both the Israeli Defence Forces and armed Palestinian groups such as Hamas as possible perpetrators.
In a majority ruling published Friday night, the judges said yes.
“The Court’s territorial jurisdiction in the Situation in Palestine … extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” they said.
The Palestinians, who joined the court in 2015, have long pushed for the case and asked the court to look into Israeli actions during its 2014 war against Palestinian militants in the Gaza Strip, as well as Israel’s construction of settlements in the occupied West Bank and annexed east Jerusalem.
Palestinians welcome decision, Israel slams ‘political tribunal’
Responding to the ruling, the Palestinian foreign ministry said it was ready to cooperate with the ICC’s prosecutor in the event an investigation was launched.
Nabil Shaath, a senior aide to Palestinian leader Mahmoud Abbas, welcomed the decision and said it proved the Palestinians were right to go to the ICC. “This is good news, and the next step is to launch an official investigation into Israel’s crimes against our people,” he said
Hussein al-Sheikh, civil affairs minister of the Palestinian Authority, said on Twitter: “The International Criminal Court’s decision to consider Palestine as a member state according to the Treaty of Rome, and that it has jurisdiction to consider issues related to the Palestinian territories and complaints raised by the (PA), is a victory for rights, justice, freedom and moral values in the world.”
Israel, however, dismissed the ruling as a “political tribunal”.
Israeli Prime Minister Benjamin Netanyahu said the decision “proves once again the court is a political body and not a legal institution.”
He added that Israel would “protect all of our citizens and soldiers” from prosecution.
International human rights groups immediately welcomed the decision, with the New York-based Human Rights Watch calling it “pivotal”.
The ruling “finally offers victims of serious crimes some real hope for justice after a half-century of impunity,” said Balkees Jarrah, senior counsel on international justice at Human Rights Watch
“It’s high time that Israeli and Palestinian perpetrators of the gravest abuses—whether war crimes committed during hostilities or the expansion of unlawful settlements—face justice,” she said.
The US, however, voiced “serious concerns” over the ruling.
“We have serious concerns about the ICC’s attempts to exercise jurisdiction over Israeli personnel. We have always taken the position that the court’s jurisdiction should be reserved for countries that consent to it or are referred by the UN Security Council,” State Department spokesman Ned Price told reporters.
The international community widely considers Israeli settlements in the West Bank to be illegal under international law but has done little to pressure Israel to freeze or reverse their growth.
The ICC is meant to serve as a court of last resort when countries’ own judicial systems are unable or unwilling to investigate and prosecute war crimes.
(FRANCE 24 with AP and REUTERS)
7, February 2021
Myanmar: Thousands gather for a second day of protests against military coup 0
Thousands of anti-coup protesters in Myanmar poured back onto the streets Sunday, as an internet blackout failed to stifle growing outrage at the military’s ouster of elected leader Aung San Suu Kyi.
The fresh rally followed the largest protests to date on Saturday, when tens of thousands came out in cities across the country to condemn the coup that brought a 10-year experiment with democracy to a crashing halt.
Thousands of chanting protesters marched in Yangon, backed by a din of car horns. They held up banners that said “Justice for Myanmar” and “We do not want military dictatorship”. Some waved the signature red flags of Suu Kyi’s National League of Democracy (NLD) party.
“I completely despise the military coup and I am not afraid of a crackdown,” said Kyi Phyu Kyaw, a 20-year-old university student.
“I will join every day until Amay Suu (Mother Suu) is freed.”
Many demonstrators flashed the three-finger salute inspired by the “Hunger Games” films, which was used as a symbol of resistance by pro-democracy protesters in Thailand last year.
The protesters planned to hold a rally at Yangon City Hall, but access to the area was blocked by police and barricades. Demonstrators were forced to split into different groups as they tried to find a way around the checkpoints.
“We have decided. We will fight until the end,” said Ye Kyaw, an 18-year-old economics student.
“The next generation can have democracy if we end this military dictatorship.”
The surge in popular dissent over the weekend overrode a nationwide blockade of the internet, similar in magnitude to an earlier shutdown that coincided with the arrest of Suu Kyi and other senior leaders on Monday.
Online calls to protest the army takeover have prompted bold displays of defiance, including the nightly deafening clamour of people around the country banging pots and pans — a practice traditionally associated with driving out evil spirits.
Yangon residents repeated the pot-banging at 8 am on Sunday.
“#Myanmar’s military and police must ensure the right to peaceful assembly is fully respected and demonstrators are not subjected to reprisals,” the United Nations Human Rights office tweeted after Saturday’s protests.
Civil disobedience
As protests gathered steam this week, the junta ordered telecom networks to freeze access to Facebook, an extremely popular service in the country and arguably its main mode of communication.
The platform had hosted a rapidly growing “Civil Disobedience Movement” forum that had inspired civil servants, healthcare professionals, and teachers to show their dissent by boycotting their jobs.
On Sunday, a live Facebook video feed showed the Yangon protesters as they marched through the streets, as well as police in riot personnel standing by in some locations.
It was not immediately clear how the broadcast was bypassing the government block.
The military had widened its efforts to quell organised dissent on Friday when it demanded new blocks on other social media services including Twitter.
“The generals are now attempting to paralyse the citizen movement of resistance — and keep the outside world in the dark — by cutting virtually all internet access,” said Tom Andrews, UN special rapporteur on human rights in Myanmar.
In addition to Suu Kyi and some of her top aides, dozens have been detained so far.
The precise number of arrests is not yet known, but monitoring group Assistance Association for Political Prisoners said Saturday that more than 150 people are still in custody.
International condemnation
Rumours that Suu Kyi had been released triggered brief but raucous street celebrations among her supporters on Saturday, before they were denied by her lawyer who said she remained in detention.
An immensely popular figure despite a tarnished reputation in the West, Suu Kyi has not been seen in public since the coup, but a party spokesman said Friday she was “in good health”.
Two days after the coup, criminal charges were filed against her related to the illegal import of a set of walkie-talkies.
The military had hinted at its coup intentions days in advance, insisting that the NLD’s landslide victory in the November elections was the result of voter fraud.
The Union Solidarity and Development Party, a military proxy, was trounced in the election.
Following the takeover, the junta proclaimed a one-year state of emergency after which it promised to hold fresh elections, without offering any precise timeframe.
The coup has been widely condemned by the international community, with US President Joe Biden leading calls for the generals to relinquish power and release those arrested in the post-coup crackdown.
(AFP)