PNN – The brutal actions and targeted bombing of the Zionists usurper regime in attacking Gaza and cutting off water, electricity and any aid and food delivery to the residents of this region and killing civilians, especially Palestinian women and children, following the disgraceful defeat of this regime against the Palestinian resistance in the Al-Aqsa storm operation, while It has entered its 41st day.
According to Pakistan News Network, the attacks of this regime so far have shown that the Zionists have no other goal than genocide, and actions such as repeated and illegal attacks on medical centers, crews and means of transportation, the health care system and infrastructure in the Gaza Strip have been recognized by international centers as examples of war crimes that must be investigated.
In the meantime, hundreds of thousands of people from different countries of the world expressed their disgust with the war crimes of the Israeli regime by declaring their solidarity with the oppressed people of Gaza and also condemning the barbaric crimes of the Zionist regime. An issue that shows that although humanity is dead for the current rulers of the world, human values ​​still have a special place among the people of the world.
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Professor “Barry Grossman”, a professor at the University of Melbourne, Australia and an expert and analyst of international law issues, in a conversation with Quds, discussed various issues such as examining the legal concepts of genocide and methods of criminalizing Israeli war crimes and pursuing them in international courts and the influence of public opinion on preventing Israel’s barbaric actions.
Can the brutal actions of the Zionist regime in Gaza against civilians be justified? Some consider the current behavior of the Israeli regime in Gaza to be an example of genocide. Can the international community declare a crime against Israel?
In fact, Israel’s current crimes in Gaza cannot be justified in any way, although some countries claiming human rights claim that these attacks are a legitimate measure of self-defense and the fight against terrorism! According to the decisions of the International Court of Justice, whether governments have ratified the Genocide Convention or not, all of them are required by law to comply with the principle that genocide is a crime and prohibited under international law.
We can see many examples of war crimes and genocide in Gaza. United Nations Resolution 96 of December 11, 1946 briefly defines genocide as the intentional destruction of a people in whole or in part by killing members, inflicting serious physical or mental harm on them, imposing harsh living conditions to destroy them, preventing reproduction and transmission. It has defined the compulsion of children from among the people who belong to it; Looking at these cases, holding Israel responsible and guilty seems relatively simple, but is such a thing possible in the current world without justice?
It seems that the international community is helpless to take any action to prevent the killing of Palestinian people in Gaza. What is the reason for this helplessness? Why does the Zionist regime see itself above the international community?
The UN International Court of Justice has no real jurisdiction over such matters, and any jurisdiction it may have can be limited by the Security Council. In fact, what has been common until now, whenever the United States and other member states of the Security Council have the political will to prosecute the perpetrators of genocide, crimes against humanity or war crimes, a temporary court is formed and operates under the supervision of the United Nations.
Of course, the ICC has a much broader jurisdiction to deal with such matters, but both the Israeli regime and the United States have made no secret of their commitment to the destruction of the ICC, often making it difficult for court personnel to carry out their duties.
What is the process of dealing with such cases in the International Criminal Court?
Genocide cases at the International Criminal Court can be initiated in one of three ways: when a member state refers crimes to the Court, when the Security Council refers crimes to the Court, or when the Prosecutor of the Court initiates a preliminary investigation in initiate the criminal case. In fact, the International Criminal Court has the jurisdiction to investigate and prosecute crimes against humanity, genocide, and war crimes if other organs with jurisdiction have consented.
Every case that appears to be correctly referred to the International Criminal Court begins with a preliminary review and goes through a process that includes four stages; Initial assessment, judgment, acceptance and benefit assessment of justice. If all four of these conditions are met, the ICC prosecutor will refer the case for formal investigation, after which the accused can be arrested and prosecuted under international arrest warrants. However, in filing any genocide case, the ICC prosecutor must prove by evidence at least one of the five prohibited forms of criminal conduct that may lead to genocide and the intent to commit it.
For the first time in recent years, we are witnessing the Zionist regime trying to make a human rights gesture and claiming to help the Palestinian people and claiming that Hamas is separate from the Palestinian people and that Israel is not at war with the Palestinian people. Is this Zionist claim due to the pressure of global public opinion?
These questions lead to completely different answers depending on whether we approach them politically or legally. I see nothing in Israel’s claim to Hamas or the occupation army’s treatment of the Palestinians that suggests assistance, and no evidence that the Israeli regime is trying to help the Palestinian people or recognize their human rights. Furthermore, while we hear the occupiers claiming that they are fighting Hamas and not the Palestinian people, we see the occupation forces targeting civilians, journalists, hospitals, schools, places of worship, ambulances and infrastructure with the latest military technology and they deny this issue completely!
In recent weeks, we have seen massive gatherings in support of the Palestinian people in many countries of the world. Basically, holding these gatherings reflects what issue? What does the presence of hundreds of thousands of people in protest rallies against the actions of the Zionist regime in London, Paris and Washington indicate? Why is the Palestinian issue so important to the people of the world?
Wherever people are in the world, they have generally accepted a set of global and human values; They find Israel’s barbaric acts of targeting Palestinian civilians with bombs, rockets and bullets abhorrent.
When we combine this fact with the relatively new and ubiquitous information technology, it is natural for people to protest the massive killing of Palestinian civilians by the occupiers and to ask their governments to stop the crimes against Palestinians; Of course, the free people of the world are tired of such actions that make the world an unsafe place and ignore their basic rights.