Nathan Cheiman
The Palestinian Authority has endeavoured to coerce Hamas (and Al Quds Brigade) to sign up in order to institute and prefer charges against Israel.
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A cursory glance at the International Criminal Court Rules of Procedure and Evidence (UN Document PCNICC/2000/1) will enlighten anyone wishing to pursue charges against any nation for war crimes, that the nation wishing to pursue such charges, must be a “state”.
Gaza is not a state and perhaps (PA President) Mahmoud Abbas may also reflect on the fact that he, as head of the Palestinian Authority, and having partnered Hamas in the West Bank, may stand in the dock next to his terrorist cohort, Khaled Meshaal.
That is if the International Criminal Court accepts the signatories as valid. Chapter 3 relating to jurisdiction, may well prevent this.
Then there is the small procedural question that needs solving: Hamas is a terrorist organisation and is recognised as such by the UN. (Again chapter 3 may be an obstacle.) However, the equities of any such prosecution of Israel may be negated in any event by Rule 34 of the International Criminal Court. If one considers Rule 34 (1) (c and d) which refers to any judge or prosecutor who may have formed an opinion on the case in question or (d) who may have expressed an opinion on the case, this rule disqualifies them from such a position.
With many television channels having broadcast one-sided views of the conflict, it is unlikely that there is anyone who has not already formed an opinion on the conflict.
Of course, one needs to protect the equities of anonymity and not mention the channels which are anti- Israel and who may have influenced many people globally.
There is also the case of hypocrisy which must be examined – the slaughter by ISIS rebels of Christians in Iraq; the genocide taking place in Syria.
The world (and TV channels) seemed to have forgotten the hundreds of thousands of innocent civilians slaughtered by rogue elements.
The world is indeed a strange place.
Nathan Cheiman
Northcliff, Johannesburg
