Hague lawsuit against Abu Mazen: "allowed terror and attacks"

Surprise for Obama: Lat Thursday for the first time a precedent complaint was filed to the International Criminal Court in The Hague, against Hamas and Palestinian Authority Chairman Mahmoud Abbas, for crimes against humanity, war crimes and crimes of aggression.

In the complaint attorney Zivin seeks an investigation for crimes allegedly committed against the Palestinians and Israelis. Filing of the complaint was made possible after the Palestinian Authority was approved at the United Nations as a non-member state.

Many media around the world, including The Jerusalem Post and Reuters, published last week, the word of complaint.

In the beginning of the complaint Zivin writes: "I pass information about Mahmoud Abbas and Hamas members in order to start an investigation against them for crimes against humanity and war crimes."

International Criminal Court in The Hague was established in 2002 under the Treaty of Rome, and his ability to investigate war crimes committed in one of the member states in court or by citizens of one member state court. A year ago, the court rejected a lawsuit filed by the Palestinian Authority against Israel for war crimes during Operation Cast Lead in the Gaza Strip. Attorney General explained that because the authority is not a recognized state, it is not entitled to file a claim.

Last November the UN Assembly voted overwhelmingly in favor of the request of the Palestinian Authority to recognize it as a non-member observer at the United Nations. This raised concerns that the Palestinians will submit many claims against Israel.
According to reports in the international press and Israel, the U.S. request from Abbas not to file to Hague a complaint against Israel and he promised to grant the United States subject to that after the election, Israel will negotiate with the Palestinian Authority. Yet the Authority recently threatened to file a complaint against Israel for the death of the Palestinian inmate in an Israeli jail.

The Hague has begun to explore the possibility to receive claims from the Palestinians. Israel established a committee consisting of representatives of the Ministry of Justice, Ministry of Foreign Affairs and the Institute, especially for preparing to deal with a flood of complaints against Israel in The Hague. Court of the permit has the authority to issue international arrest warrants for those who are found responsible for the crimes alleged. This can directly affect the military and senior politicians in Israel.

Now, and as an act against, lawyer Mordechai Zivin decided take the opportunity and filed a claim against Palestinian officials for war crimes. In his claim he argued that Abbas and Hamas members are responsible for firing rockets at Israeli towns - which constitutes a war crime.

According to Attorney Zivin, firing rockets at Israeli - civil population performed for one purpose, and is killing innocent civilians not taking part in hostilities. He added, according to the prosecution, the suicide bombings, and shootings, attacks using car bombs, kidnappings and stabbings. The petition claimed that the attacks were carried out against Israel by all Palestinian factions, including those subject to Abbas. Moreover, attributed to Hamas war crimes for killing and abuse of Palestinians suspected of collaborating with Israel.

In principle, the Hague Tribunal examines only the requests submitted by the states. However, Mr. Zivin notes requesting that the Rome Convention, chief prosecutor has the authority to open an investigation on his own, due to information obtained over crimes committed in the jurisdiction of the Court. Authority's new position may allow such an investigation against her. Information in the application based on data from the General Security Service, of Amnesty International, the reports of the European Union, the UN and human rights organizations, and indicates the conclusions of the Goldstone report on the actions of Hamas.

Zivin says: "International law is an arena in which to fight terrorism, and we must not leave her side. During the years Palestinian organizations carry out murderous terrorist attacks, which constitute war crimes and crimes against humanity, and averts thousands of casualties among innocent civilians. Cynically it is the Palestinian organizations that make use of international law against officers and senior politicians and the State of Israel."

Zivin added: "Hypocrisy is saying that Abu Mazen is not personally responsible for terrorist acts that constitute a war crime and a violation of human rights in accordance with the Hague Tribunal."

'בחדרי' גם ברשתות החברתיות - הצטרפו!