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Tuesday, December 6, 2022
GAZA CITY, Mar 3 2015 (IPS) - “I have lost all meaning in life after the death of my child, I will never forgive anyone who caused the tearing apart of his little body. I appeal to all who can help and stand with us to achieve justice and punish those who killed my child.”
As the tears rolled down her cheeks and with a rattle in her voice, 47-year-old Sahar Baker recalled the last moments of her ten-year-old son Ismail, who was killed along with three of his cousins after being targeted by Israeli gunboats while they were playing football on the beach during the Israeli attacks on Gaza last summer.
Sahar’s plea for justice may soon be one step nearer now that the Palestine Government is set to formally join the International Criminal Court (ICC), which deals with war crimes, crimes against humanity and genocide.
Palestinian President Mahmoud Abbas signed the Rome Statute, the ICC’s founding treaty, on Dec. 31, after the U.N. Security Council rejected a Palestinian attempt to set a deadline for Israel to end its occupation of territories it captured in 1967. U.N. Secretary General Ban Ki-moon has said the Palestinians will formally join the ICC on Apr. 1.
Mohammad Shtayyeh, a member of the executive committee of the Palestine Liberation Organisation (PLO), is reported as having said that a first complaint will be filed against Israel at the ICC on Apr. 1 over the Israeli war against Gaza last year and Israeli settlement activity.
Palestinian membership of the ICC “provides an opportunity to raise the issues on Israel’s use of force based on occupation and crimes against the people and the land in Palestine, where we did not have the capacity before to sue Israel for its crimes against the Palestinians,” Palestinian Foreign Minister Riad Al-Malki told the press during a visit to Brazil to attend the inauguration ceremony of President Dilma Rousseff at the beginning of January.
The Baker family, who live in a beach camp in Gaza, is now hoping that Palestinian membership of the ICC will open the door for the prosecution of Israeli leaders and army officers for their crimes.
Sahar’s cousin Ahed Baker, father of Zakaria (10) and grandfather of Ahed Atif (9), shares her pain and bitterness. He is still looking for a way to bring the Israeli army to trial for the murder of his son and grandson, another two of the four young cousins killed on the beach. He told IPS that he and his family would do everything possible to ensure that their case makes its way to the ICC.
“We will not forget how our children were killed in cold blood without any reason,” said Ahed. “We hope that the Israeli army commanders will be tried before international justice and that they will be punished for the killing of the children.”
Palestinian leaders have long waved the card of membership of the ICC as a form of pressure on the Israeli government in their attempt to secure a Palestinian state.
However, apart from its political and legal benefits, Palestinian membership of the international court has created some serious implications for the Palestinians.
Israel has already frozen the transfer to the Palestinian Authority of tax funds owed to it. These funds are generally allocated for the salaries of Palestinian public employees and government operating expenses in Gaza and the West Bank, and the freeze is hampering the functioning of the Palestinian Unity Government and undermine the already weak public sector in Palestine.
Israel has also indicated that further ‘punitive’ steps will be taken soon against the Palestinians as a result of joining the ICC. Membership of the ICC thus appears to be the start of a new lengthy battle for Palestinians.
Some Palestinian human rights centres, including the Al Mezan Centre for Human Rights in Gaza City, are now working against the clock to compile documentation on the numerous cases of civilians who were killed during last summer’s Israeli war against Gaza, to be able to submit all the documents required for the ICC to investigate war crimes in Gaza and hold Israel accountable.
“Over the long years of occupation, there has been no equity for civilian victims and this, in my point of view, was a key reason that Israel waged three wars in less than five years. In fact, it has been due to the absence of justice and a sense that occupation is immune to accountability,” Issam Younis, Director of the Al Mezan Centre told IPS.
“Going to the ICC will bring justice to victims through international justice and ensure that there are no repeated offences of occupation without accountability,” he said.
According to Palestinian human rights advocates, membership of the ICC carries two overlapping purposes for Palestinian people and their leaders.
For the Palestinian people, of Gaza in particular, it not only opens an important door to achieving justice but also helps to criminalise the entire Israeli occupation establishment and its vicious atrocities against humanity.
For the Palestinian leadership, on the other hand, it seeks to strengthen the political, legal and diplomatic status of Palestine at the international level and pressure Israel to accept the creation of an independent Palestinian state in future negotiations.
What underpins the two goals is a historical desire for real justice and protection. Whether the ICC can deliver, only time will tell.
Edited by Phil Harris
This story includes downloadable print-quality images -- Copyright IPS, to be used exclusively with this story.
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