Orang Nasrani Indoneisa sih banyak yang selama ini yangmengamini kejahatan dan 
kebuasan serdadu israel di gaza...

Manusia bermental anjing kabeh...

----

Israel may face war crimes trials over Gaza

• Court looks at whether Palestinians can bring case
• International pressure grows over conflict

    * Peter Beaumont
    * The Guardian, Monday 2 March 2009
    * larger | smaller
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An injured Palestinian boy

A Palestinian man carries an injured boy into Shifa hospital in Gaza City 
during an Israeli attack on Gaza in January. Photograph: Khalil Hamra/AP

The international criminal court is considering whether the Palestinian 
Authority is "enough like a state" for it to bring a case alleging that Israeli 
troops committed war crimes in the recent assault on Gaza.

The deliberations would potentially open the way to putting Israeli military 
commanders in the dock at The Hague over the campaign, which claimed more than 
1,300 lives, and set an important precedent for the court over what cases it 
can hear.

As part of the process the court's head of jurisdictions, part of the office of 
the prosecutor, is examining every international agreement signed by the PA to 
decide whether it behaves - and is regarded by others - as operating like a 
state.

Following talks with the Arab League's head, Amr Moussa, and senior PA 
officials, moves have accelerated inside the court to deliver a ruling on 
whether it may be able to insist on jurisdiction over alleged war crimes 
perpetrated in Gaza, with a decision from the prosecutor's office expected 
within "months, not years".

The issue arises because although the ICC potentially has "global jurisdiction" 
to investigate crimes which fall into its remit no matter where they were 
committed, Israel - despite having signed the Rome statute that founded the 
court and having expressed "deep sympathy" with the court's goals - is not a 
party.

The ICC, which has 108 member states, has not so far recognised Palestine as a 
sovereign state or as a member.

The latest moves in The Hague come amid mounting international pressure on 
Israel and a growing recognition in Israeli government circles that it may 
eventually have to defend itself against war crimes allegations. The Guardian 
has also learned that a confidential inquiry by the International Committee of 
the Red Cross into the actions of Israel and Hamas during the recent conflict 
in Gaza is expected to accuse Israel of using "excessive force" - prohibited 
under the fourth Geneva convention.

The Red Cross has been collecting information for two parallel inquiries, one 
into the conduct of Israel and a second into Hamas, both of which will be 
presented in private to the parties involved.

In the case of Israel, the Red Cross is expected to highlight three areas of 
concern: the Israeli Defence Forces' "use and choice of weapons in a complex 
and densely populated environment"; the issue of "proportionality"; and 
concerns over the IDF's lack of distinction between combatants and 
non-combatants during Operation Cast Lead. Hamas is likely to be challenged 
over its use of civilian facilities as cover for its fighters; its summary 
executions and kneecappings of Palestinians during the campaign; and its 
indiscriminate firing of rockets into civilian areas.

Meanwhile, sources at the ICC say it is considering two potential tracks that 
would permit it to investigate what happened in Gaza. As well as determining 
whether the PA is recognised internationally as a sufficiently state-like 
entity, the head of jurisdictions in the office of the international criminal 
court's prosecutor, Luis Moreno-Ocampo, is looking at whether the court can 
consider war crimes allegations on the basis of the dual nationality of either 
victims or alleged perpetrators whose second passport is with a country party 
to the court.

The court's deliberations follow more than 220 complaints about Israel's 
actions in Gaza. "It does not matter necessarily whether the Palestinian 
National Authority is in charge of its own borders," said a source at the 
court. "Right now the court is looking at everything from agreements it has 
signed on education to the constitution of its legal system."

Yesterday, Ehud Olmert, Israel's prime minister, warned Palestinian militants 
their continuing rocket attacks on Israel would not go unpunished. He said 
further strikes would "be answered with a painful, harsh, strong and 
uncompromising response from the security forces". More than 100 rockets and 
mortars have exploded in Israel in the six weeks since it ended its air and 
ground assault on Gaza, to which the government has responded with airstrikes.

Olmert's warning came as Israel's attorney general notified the prime minister 
that he was considering indicting him on charges of allegedly taking 
cash-stuffed envelopes from a Jewish-American businessman. Five corruption 
cases are pending against Olmert, although he has denied all wrongdoing. His 
spokesman said yesterday the charges against the prime minister would 
"disappear in the end".

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World news

    * Gaza ·
    * Palestinian territories ·
    * Israel ·
    * War crimes ·
    * United Nations ·
    * Human rights

    *
      More on this story
    *

      U.S. Secretary of State Hillary Clinton delivers a speech upon her 
arrival at Tokyo's Haneda Airport

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20 Jan 2009

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14 Jan 2009

Israel may face UN court ruling on legality of Gaza conflict

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About this article
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Israel may face war crimes trials over Gaza
This article was first published on guardian.co.uk at 00.01 GMT on Monday 2 
March 2009. It appeared in the Guardian on Monday 2 March 2009 on p19 of the 
International section. It was last updated at 10.45 GMT on Monday 2 March 2009.
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