Palestine - Abbas Facing Prosecution For Aiding And Abetting War Crimes

[Published 13 July 2014]


Mahmoud Abbas — Head of the Government of National Consensus in Gaza since 2 June — faces prosecution in the international criminal justice system for aiding and abetting war crimes involving the indiscriminate firing of 384 rockets and missiles from Gaza into Israeli population centres reaching as far away as Tel Aviv and Jerusalem over the past four days.

This latest barrage — which sees no signs of ending—comes after more than 10000 similar rocket attacks on Israeli civilians from Gaza - then governed by Hamas - following Israel’s unilateral disengagement from Gaza in 2005.

Abbas and his Government now however bear primary responsibility for preventing war crimes emanating from Gazan soil.

In a prerecorded message aired on Palestine TV - Abbas said the new government was transitional. This lame excuse cannot enable Abbas to abdicate his responsibility to prevent war crimes being committed in Gaza.

Sarah Leah Whitson, Middle East director at Human Rights Watch stated in December 2012:

“There is simply no legal justification for launching rockets at populated areas.”

Human Rights Watch makes it clear that under international humanitarian law, or the laws of war, civilians and civilian structures may not be subject to deliberate attacks or attacks that do not discriminate between civilians and military targets. Anyone who commits serious laws-of-war violations intentionally or recklessly is responsible for war crimes.

Locating rocket launchers within or near densely populated civilian areas is also a war crime.

There is abundant evidence that this is occurring in Gaza right now.

Belligerents are also prohibited from using civilians to shield military objectives or operations from attack. “Shielding” refers to purposefully using the presence of civilians to render military forces or areas immune from attack.

This too is occurring in Gaza under the watchful gaze of Abbas’s Government.

Abbas as head of the ruling Government in Gaza, is obligated to uphold the laws of war and should appropriately punish those responsible for these serious violations.

Abbas is making no effort to restrain or end the commission of these war crimes.

There appears to have been no effort by Abbas or the security or police forces that he now controls in Gaza to take action to prevent the further commission of these war crimes.

Abbas has not attempted to travel to Gaza to take control of the rapidly deteriorating position Gaza finds itself in as rockets continue to be fired indiscriminately into Israeli population centres with what appears to be ever increasing intensity — inviting retaliation by Israel to defend its civilian population under article 51 of the United Nations Charter.

Abbas was clearly aware of the danger of provoking such an Israeli response to rockets being launched into Israel - as this report on 6 July made clear:

“Palestinian Authority (PA) Chairman Mahmoud Abbas spoke to the chairman of the Hamas political bureau, Khaled Meshaal, on Sunday, and asked him to calm the situation in Gaza. Abbas asked Meshaal to avoid escalation of the situation, which would give Israel an excuse to launch an operation in Gaza.

Meshaal reportedly told Abbas that he would not act to stop the rocket fire unless the PA met its financial obligations to Hamas, including paying the overdue salaries of several Hamas officials.

The PA is currently embroiled in a conflict over wages with Hamas; some 40,000 Hamas employees are not being paid backlogged wages by the newly established unity government, even while the PA’s 70,000 employees in Gaza continue to be paid.”

Abbas’s plea was made after Hamas ignored Israel’s ultimatum - made on 3 July - which called for the rocket fire to stop within 48 hours or face war.

At least fifteen rockets were fired on Israel in a 12-hour period on 5 July including two at Be’er Sheva.

Abbas clearly exercises control over the public servants in Gaza. He must immediately assert control over those presently in Gaza committing these heinous war crimes.

Abbas’s inaction in using his security and police forces to forcibly intervene to:

1. Remove rocket launchers from populated civilian areas

2. Destroy supplies of rockets

3. Prevent the manufacture of rockets

4. Prevent the importation of rockets

5. Confront, arrest and try those found launching rockets into Israel

6. End the use of “human shields”

- could result in Abbas and his Government colleagues having to face charges before the International Criminal Courts including:

1. Committing war crimes by omission

2. Aiding and abetting the commission of war crimes

3. Substantial contribution to the commission of war crimes

4. Tacit approval and encouragement of war crimes

5. Aiding and abetting war crimes by omission

6. Ending the use of “human shields”

Abbas could well follow in the footsteps of former Liberian President Charles Taylor who was found guilty on 26 April 2012 on 11 counts including aiding and abetting war crimes and crimes against humanity.

Taylor’s appeal was dismissed by the Court of The Hague on 26 September 2013.

Taylor’s case was the first concluded by an international court against a head of state since the Nazi trials at Nuremberg in 1946 convicted Admiral Karl Doenitz - who became President of Germany briefly after Adolf Hitler’s suicide.

Will the international community end its love affair with Abbas by calling for his prosecution for aiding and abetting the commission of war crimes being perpetrated in Gaza at this very moment?

The silence presently coming from the United Nations condemning Abbas is deafening.

Justice will hopefully prevail.

Brainwashed Or Brain Dead?

Editor: When you read Marty Morrison's article you will see how Goebbels was right: in claiming that if you repeat a lie often enough, it is believed. I did what we all have to do when this happens and responded to her anti-Israel article with "just the facts", just the provable facts, point by point.

Hats off to the Independent Australian as well for publishing both the article and my response.

[Published 27 November 2010]

Marty Morrison's article ‘Marty In Palestine’ (9.11.2010) contains factually false and/or misleading statements, contends David Singer.

1. “The sympathy that the world community had for Jews following the horrors of World War II blinded people to the dispossession of the Palestinians.”

In fact world sympathy for the Jews had been established after World War 1 with the creation of the League of Nations Mandate for Palestine in 1920 calling for the “reconstitution of the Jewish National Home” in Palestine after thousands of years of exile, anti-Semitism and pogroms.

The Arabs have never recognized this unanimous and binding legal declaration by the League and this has been the source of their misfortune ever since.

2.” historians say the Palestinians have inhabited the land between the Mediterranean Sea and the Dead Sea for more than 13 centuries.”

There was no designated group called “Palestinians” until 1964. During the 400 years rule of the Ottoman Empire (1519-1919) the population was divided into “Jews”, “Moslems” and “Christians”. This practice continued during the Mandate (1920 -1948). The Mandate document itself only referred to “the existing non-Jewish communities”. The UN partiton Plan (1947) only spoke of a "Jewish" state and an "Arab" state.

3. “In 1917 at the time of the Balfour Declaration Palestinians comprised 70 per cent of the population and owned more than 90 per cent of the land.”

The Arabs only owned 8% of the land and the Jews 6%. The rest was state land vested in Turkey and forming part of the Ottoman Empire.

4. “One way to do this is to stand with the Palestinians and Israeli activists when homes are being destroyed, when more Jewish settlements are being constructed on Palestinian land”

Homes have been destroyed pursuant to court decisions ruling their construction illegal or as a result of the application of Jordanian laws still applicable in the West Bank. The land is not “Palestinian land”. It is at this point of time "no man's land". Its legal status is that it forms part of the remaining 5% of the territory of the Mandate for Palestine still unallocated in accordance with the terms of the Mandate. Jews are legally entitled to settle anywhere in the West Bank under article 6 of the Mandate and article 80 of the UN Charter.

5. “One can understand the Palestinians’ frustration and apprehension for the future when one considers that when the United Nations partitioned Palestine into two states in 1947 the Jewish state received 55 per cent of the land and the Arab Palestinians and Christian Palestinians got 45 per cent of the land”

More than 70% of the 55% offered to the Jews comprised the arid and sparsely populated Negev desert. The 45% offered to the Arabs was mostly the fertile and contained the majority of the Arab populated areas. The Arabs rejected the UN offer as they had previously done in 1937 when rejecting the Peel Report recommendations.

The Arabs could have had what they now demand in 2010 - at any time between 1948-1967. Had they been prepared to negotiate and recognize Israel in the five years following the 1967 War the political landscape today would have been entirely different. Their refusal to accept less than 100% of the West Bank and Gaza over the last 17 years and their expressed desire to destroy Israel has seen their position further deteriorate.That is their prerogative but it is a bit late to cry over spilt milk. Their leaders have led them – and apparently well intended persons such as Marty – up the proverbial garden path.

6. “In the ensuing war the Israelis captured even more land, so that at the cease-fire the Jews were in control of three-quarters - leaving just 22 per cent of land for the Palestinians (the West Bank and Gaza)."

The Jews only controlled 17%. Jordan controlled 83%, which it unified into one country with the consent of the West Bank Arabs in 1950. Only Great Britain and Pakistan recognized that reunification. The Arabs could have created a separate state out of that 83% at any time between 1948-1967 but did not do so and did not request one. They were the architects of their own missed opportunities.

7. “The boundary at this time came to be known as the Green Line.”

There was no boundary – only an armistice line that had been in existence following the end of hostilities in 1949.

8. “After the war in 1967 the Israeli army conquered all of Mandated Palestine”

Incorrect. 78% of Mandated Palestine had been granted independence in 1946 and was not conquered by Israel in 1967. The West Bank (Judea and Samaria are the Biblical names for this area) and Gaza – conquered by Israel in 1967 – was only 5% of Mandated Palestine.

9.” I hate to write this but I firmly believe that Israel, by and large, wants the Palestinians to disappear and are therefore deliberately colonising the West Bank”

Israel is clearly failing in this “objective” if Marty only took the time to look at the increasing West Bank Arab population and improvements in their standard of living. Since 95% of the West Bank Arab population is now under total Palestinian Authority administration after the Oslo Agreements in 1993. Marty's “firm belief” is a load of nonsense and amounts to racial vilification,

10. “Jews are invited to come to live in the West Bank from every country on earth.”

Why does this worry Marty? Jews have this right legally granted to them under the Mandate and article 80 of the UN Charter. They had done this prior to 1948 before they were driven out of the West Bank by six invading Arab armies.

11. “Settlers live freely without any of the curtailments of the Palestinians”

The Jews live behind barbed wire and stringent security restrictions with their schools and public places all under security guard protection and for good reason.

12. “I realise that the burden of my account is at odds with the information supplied by the skilled Israeli public relations officers and government ministers.”

Marty's account sure is. She appears to have relied on a whole lot of dishonest material given to her by her Arab hosts. It is a pity she didn’t check the veracity of this material before rushing into print. Had she done so she might have had a better perspective on the conflict between Jews and Arabs that has gone on for the last 130 years.