Belgian Academics & Artists For Palestine


BA4P: Israel (War) Crimes.
    PART 2. Jurisdiction, Admissibility and Applicable Law, ...Article 5. Crimes within the jurisdiction of the Court...

    Article 8. War crimes: 1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 2. For the purpose of this Statute, “war crimes” means:
    (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:... (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
    (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
    (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; (iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; (v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; (vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory...
  • The Rights Forum: "Oorlogsmisdaad: Nieuwe Israëlische regering maakt zich op voor massale deportatie Palestijnen” (The Rights Forum, Jan 3, 2023): click here!
    Israël stelt duizend Palestijnen op de bezette Westelijke Jordaanoever een ultimatum: verlaat jullie woonplaatsen of jullie worden gedeporteerd.
  • B'TSELEM: "Fast-tracked war crime: Israel informs Palestinians from Masafer Yatta of imminent expulsion” (press release, Jan 2, 2023): click here!
    Today (Monday, 2 Jan. 2023), the Israeli District Coordination and Liaison Office (DCO) notified the Palestinian DCO that in the coming days, about 1,000 Palestinians from Masafer Yatta whose land was designated “Firing Zone 918” will receive notices to evict their homes. The Israeli DCO added that the state plans to offer the residents an alternative location, to which they will be expelled. B’Tselem responded: “Forcible transfer of protected persons in occupied territory is a war crime. Therefore, the Israeli ‘offer’ of an alternative is meaningless. It is a violent threat that leaves the residents with no choice.”
  • Deborah LETER: "Exile of Palestinian lawyer reignites struggle over France’s Israel policy” (+972, 29 Dec, 2022): click here!
    Israel's expulsion of Salah Hammouri has energized France's Palestine solidarity movement — but backlash is spurring antisemitism smears.
  • Maureen Clare MURPHY: "Why Zionist settler colonialism must be confronted” (The Electronic Intifada, 23 Dec, 2022): click here!
    Israeli apartheid is a tool of Zionist settler colonialism in Palestine facilitating the state’s aim of displacing and replacing indigenous Palestinians on their land. Such is made clear in a new report by the Palestinian human rights group Al-Haq, endorsed by a coalition of Palestinian civil society organizations. The more than 200-page study builds on decades of Palestinian scholarship and advocacy and corrects fundamental flaws in recent publications on apartheid by Israeli and international human rights groups. “Zionist settler colonialism and its eliminatory and population transfer logic remain missing” from these analyses, Al-Haq states.
  • "Israel crushes water pipelines with bulldozers in occupied West Bank” (MEMo, 15 Dec, 2022): click here!
    The Israeli occupation army destroyed the main water pipelines in the village of Al-Auja, in the north-east of Jericho, reported Wafa news agency. The destruction is seen as being part of the apartheid state's efforts to control all water sources in the occupied Palestinian territories. Local residents said that occupation soldiers forced their way into the village and welded-shut the sole pipeline which supplies water to more than 1,200 people and used a bulldozer to crush it beneath the land.
  • Jonathan LIS: "UN Votes to Ask International Court's Opinion on 'Legal Status of Israel Occupation'” (Haaretz, Nov 11, 2022): click here!
    Palestinian President Mahmoud Abbas has for years warned Israel that if Palestinian statehood is not on the horizon, it would press charges at The Hague.
  • Marjorie COHN: «Israel Authorizes Military to Kill Palestinians with Drones in West Bank» (, Oct 14, 2022): click here!
    Israel’s anti-terrorism justification abridges international law, writes Marjorie Cohn. The government has no right of self-defense against the people whose land it occupies.
  • Haidar EID: « Time to end Apartheid Israel’s genocidal oppression of Gaza » (Mondoweiss, Sept 11, 2022): click here!
    Israel’s airstrikes which always damage essential infrastructure and terrify the civilian population are a form of collective punishment against the Palestinian people and are war crimes which are forbidden under international humanitarian law, especially the Fourth Geneva Convention, which prescribes the manner in which armies must treat civilians during times of conflict.
  • Juan COLE: « Despite Israeli Whitewash, Its Killing of US Journalist Shireen Abu Akleh was a War Crime » (Informed Comment, Sept 6, 2022): click here!
    As a rule, Israelis don’t believe the Palestinians and are convinced that the army is always right, but in Shireen Abu Akleh's case the victim is not anonymous. This still didn't prevent the IDF from conducting a cover-up operation.
  • Amira HASS: « Four Reasons Why Israel Can Even Get Away With This Killing » (Haaretz, Sept 6, 2022): click here!
    As a rule, Israelis don’t believe the Palestinians and are convinced that the army is always right, but in Shireen Abu Akleh's case the victim is not anonymous. This still didn't prevent the IDF from conducting a cover-up operation. -
  • UN: "Israeli Settlements Amount to War Crime, UN Rights Official Says” (Haaretz, July 9, 2021): click here!
    'Israel's defiance of international law and international opinion can and will no longer be cost-free,' UN special rapporteur on human rights in the Palestinian territories says.
  • ECCP: "EU and Israel – The Case Of Complicity” (ECCP, Dec 10, 2019, pdf, 12p.): click here!
    For many years European and Palestinian civil society and human rights organisations have been raising concerns over EU taxpayers’ money being channelled to Israeli companies and institutions accused of war crimes and involved in violations of international law and human rights.
  • Ofri ILANY: "Justifying War Crimes in the Name of Judaism" (Haaretz, Sept 25, 2015): click here!
    In contemporary Israel, the idea of the universal mission of the Jewish people has morphed into something else – and all in the name of the Jews’ supposed moral supremacy.
  • Stephen LENDMAN: "Israel’s Discriminatory Land Policies"" (Global Research, 31 July 2009): click here!
    Israel’s late 1947 -1948 “War of Independence” took six months to create a new Jewish state, excluding Arabs to the greatest extent possible. To accomplish it, widespread war crimes and atrocities were committed as about 800,000 people were brutally uprooted, ethnically cleansed, or murdered in cold blood. In addition, 531 villages and 11 urban neighborhoods in Tel-Aviv, Haifa, Jerusalem and other cities were destroyed and erased except in the collective memories of their inhabitants and descendants who’ll always consider them their rightful homes.
  • Michael THOMAS: "Operation Protective Edge. The War Crimes Case Against Israel’s Leaders" (MERIP, October 26, 2015): click here!
    ...The possible crimes most important to investigate, from both legal and moral perspectives, do not involve decisions by gunship pilots or squad leaders to attack particular targets. They involve decisions by the political and military leadership of Israel, setting the strategic goals of the conflict and choosing the means and methods by which those goals would be sought. If, as available evidence suggests, those political and strategic choices, based on long-standing doctrine and declared policy, authorized and validated grave violations of the law, responsibility for the resulting violations should start with the leaders.
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