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University of Haifa
[University of Haifa, Faculty of Law] Yousef Jabareen: THE SIX POSSIBILITIES FOR THE PROSECUTION OF ISRAEL INTERNATIONALLY
(Please excuse the bad translation)

Dr. Yousef Jabareen, Faculty of Law, University of Haifa. E-mail:
ytjabareen@gmail.com
 
http://moheet.com/show_news.aspx?nid=215469
in Arabic

PALESTINIAN HUMAN RIGHTS LAWYER REVEALS THE SIX POSSIBILITIES FOR THE
PROSECUTION
OF ISRAEL INTERNATIONALLY
26/1/09


The Palestinian lawyer Yousef Jabareen explains the existence of six
possibilities for the provision of judicial proceedings for the prosecution
of Israeli political and military leaders for war crimes in the Gaza Strip
during the Israeli aggression, which lasted about three weeks and left more
than 1300 martyrs.

Jabareen said: There are six possibilities for action against Israel
internationally, including by the Security Council to form a special
international court of aggression on Gaza, along the lines of the courts of
the former Yugoslavia, especially Rwanda, or ordering, of the International
Criminal Court established in 2002 to address war crimes in Gaza, although
Israel did not join of the Treaty on the Court.

THis lawyer told the Palestinian Island: Another possibility is that the
initiative of the Prosecutor of the International Tribunal investigation of
criminal proceedings prior to the submission of a formal indictment.

He said: "We need to prove that the war crimes committed in the territory
of a participating State of the International Treaty, either Egypt, Jordan
and the Palestinian Authority to the Gaza Strip, their relationship legal
to do so."

He pointed out that there is a chance for the United Nations
Secretary-General Ban Ki-moon to the formation of an international
fact-finding commission of war crimes is a legal basis for access to the
International Tribunal, or make public its decision to go to the
International Court of Justice in The Hague to issue its rule is advisory
only along the lines of resolution on the wall of apartheid.

Jabareen told of the possibility of going to local courts in a number of
European countries such as Spain, Belgium, Britain and the Scandinavian
countries that allow their trial for war crimes outside their territory.

He pointed out that British law allows the passing of the arrest warrants
against the available evidence, including, as happened previously with some
Israeli soldiers who participated in the campaign of "Operation Defensive
Shield" in 2002.

Jabareen said it is likely that the United States is seeking to exert its
influence to put pressure on relevant international bodies in order to
prevent the opening of an official investigation in the war and to stop the
prosecution of Israel in the International Criminal Court.

It was unreasonable to leave Israel without accountability after its
involvement in the brutal aggression on Gaza, saying: "This examination of
the legitimacy of the international, but it is the next aggression protect
civilians? Or that the laws will remain a dead letter without accounting of
the above is the same? ".

He stressed that human rights organizations were unanimous in Israel to
commit war crimes as defined by international humanitarian law and the
Penal Code.

The lawyer Jabareen provides ample evidence, including the continued
aggression against the civilians and other civilians, and excessive use of
military force, and the use of weapons of mass destruction on land, sea and
air in the populated areas.

He continued: Israel "did not hesitate to bomb peaceful civilians within
the institutions of the United Nations, and the targeting of ambulances and
safe houses in the sector."

Jabareen the lawyer and lecturer at the University of Haifa, said on the
very urgent need to document the Israeli violations of international law
and to provide evidence backed by live testimony, so that the opening of an
international investigation against those involved.

Points of law with the Palestinian - the director of the Arab Center for
Human Studies in the town of Umm al-Fahm - the document that require the
party forward Balijm Ahjmth final or suspension, if found to be not a
military objective, and that can lead to prejudice on civilians and their
property.

The Israeli government has approved at its weekly Sunday, the proposal of
the Minister of Defense Ehud Barak to grant the full support of the leaders
of the aggression on Gaza in the event of an international judicial
proceedings against them for war crimes.

"Prime Minister Ehud Olmert said at the government: that Israel provide the
absolute cover of each of the work on behalf of and for and noted the full
support of the military commanders, accusing what he called" terrorist
organizations "working to overthrow the" aggressor "to the victim, he said.


The text of the resolution of government known as the "support of the army
after the operation lead cast," the need for the government since the
application of its resolution adopted in September 2005 when the full
protection of the state judicial officers accused of committing war crimes.


The decision came against the backdrop of the government fears the lifting
of large organizations, Arab and foreign human rights lawsuits against
officials in the Israeli establishment, both political and military killed
and wounded thousands of civilians in Gaza.

The Israeli army had begun immediately after the aggression on the Gaza
Strip to criminalize the preparation of files for each house was targeted
in the Gaza Strip and the allegation that the fire and the fire of the
weapons stored in it, according to his claim.
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