ACIJLP applies to the Prosecutor of the International Criminal Court
to start the investigations on war crimes and crimes against humanity in Gaza

Cairo, on January 15th 2009

The Arab Center for Independence of the Judiciary and the legal profession (ACIJLP), as the coordinator of the Arab Coalition for the International Criminal Court, forward a request to Mr. Louis Ocampo, Prosecutor of the permanent International Criminal Court; in order to start the investigation on his own, on the crimes that the Palestinian civilians are facing in the Gaza Strip since 12-27-2008

The request submitted to the Prosecutor included directing the responsibility for the commission of war crimes and crimes against humanity to:

  1. Ehud Olmert, Prime Minister of Israeli actions

  2. Ehud Barak the Israeli Defense Minister

  3. Matan Vilnai, Deputy Minister of Defense of Israel

  4. Avi Dichter, Israel's internal security minister

  5. Gabi Ashkenazi, Israeli army chief of staff

As they are main officials of their subordinates in the Israeli air, ground and the navy. forces

The Center based in its request to the Prosecutor on the texts and the relevant provisions of the Statute of the International Criminal Court in particular Article (15), which states that:

  1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the court.
  2. The Prosecutor shall analyze the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the court.
  3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected with the Rules of Procedure and Evidence.

On the jurisdiction of the court in consideration of these crimes, the center based on the text of Article (5) of the Statute of the Court, which provides that:

The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crimes of aggression.

The request included a summary of the facts d, which started from December 27, 2008 or the "Pouring bullets" mission as called by the Israeli army. It included also on a list of crimes like: war crimes and crimes against humanity, in addition to the texts that condemn the criminal acts in the Statute of the Court, and the number of civilian casualties.

Worth mentioning, that the request included a CD that contains many of photos and video clips that show of war crimes and crimes against humanity perpetrated by the Israeli army in contravention of all international laws and norms relevant, in particular the Geneva Conventions to armed conflict, the Statute of the International Criminal Court.

The request also included testimony and statements issued by:

  1. International Human Rights Council.

  2. The Relief and Works Agency for Palestinians in Gaza (UNRWA)

  3. The International Red Cross

  4. Human Rights Watch

  5. Field reports of related Palestinian centers.

The Center pointed out in his request that the crimes have been committed in the context of an organized and widespread systematic attack against the civilian population, and the perpetrators are aware that these crimes are punishable acts under international humanitarian law and under the Statute of the International Criminal Court

The Center indicated that the jurisdiction is of the International Criminal Court, and the Prosecutor should begin the proceedings to investigate, despite the absence of Israel's ratification of the Statute of the Court, on the basis of the articles: (3-13) and (15) and (17 ) of the Statute of the Court.

Request for Investigating a Case Lies within the Jurisdiction of the International Criminal Court (ICC) As Per Article (5) of the Statute

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