What the United States administration and the U.N. secretary-general should be doing is indicting Hamas before the International Criminal Court. The Court was established on July 1, 2002 on the principles adopted by the Rome Statute on July 17, 1998. The Court has jurisdiction over genocide, crimes against humanity, and war crimes. This jurisdiction is applicable to acts committed as part of a widespread or systematic attack directed against any civilian population. In its behavior towards Israel, Hamas is guilty of both crimes against humanity and war crimes according to Article 7(1) of the Rome Statute, which applies to murder and extermination. Hamas is guilty of a government policy in which those two crimes are part of a widespread or systematic practice. Its actions are more than isolated inhumane acts and constitute a consistent pattern of behavior. The stated aim of Hamas is not simply to harm Israeli civilians, but rather a policy of genocide, the killing of Jews, and the elimination of the State of Israel. Hamas has really only one grievance: the existence of Israel. Article 8(2)(b) of the Rome Statute deals with the war crime of using protected persons as shields. Hamas has been guilty on numerous occasions of this crime – the intention to shield a military objective from attack or shield, favor, or impede military operations. The major war crime of Hamas is to use children for this purpose. Golda Meir, in her straightforward manner, once commented, “We will only have peace with the Arabs when they love their children more than they hate us.” In contrast, Hamas has stated that preserving the capacity to bomb civilians in Israel is more valued than the loss of Palestinian children. Those children have been used not only as human shields to protect the terrorists. They have also been used for actions such as being messengers and couriers for the terrorists, for digging tunnels into Israel, and for smuggling. Hamas has used them for military activities, including throwing grenades and rocks, and even for suicide bomber missions. Schools and kindergartens have been used to store missiles and mortars and as launching sites, in the same way as hospitals, mosques, and public places have been used. The sad reality is that Gaza children do not dream of becoming rocket scientists; they dream of firing rockets and becoming holy martyrs. There is ample evidence to present to the International Criminal Court, including the outspoken statement of the U.N. secretary-general, the discovery that tunnels used for aggression are located under hospitals and private property, and the videos of Hamas actions. One video clearly shows rockets being fired next to civilian buildings. Another shows a demonstration of human shields as civilians were forced to gather on top of the home of a known Hamas terrorist to prevent an attack by Israel. Ban Ki-moon has spoken of the need to address the “root causes” of instability in Gaza. A case brought against Hamas before the International Criminal Court would find that the basis of instability in Gaza is the crimes against humanity and the war crimes committed by Hamas.
Posted on: Mon, 28 Jul 2014 16:49:58 +0000
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