The Tel-Aviv based civil rights organization, Shurat HaDin – Israel Law Center, has sent a letter to Israeli Attorney General Menachem Mazuz demanding that State prosecutors charge Hamas terrorists captured in the recent military operation in Gaza, with “war crimes” and “crimes against humanity.”
In the past, captured Palestinian terrorists have only been indicted by Israel for standard criminal offenses such as acts of murder, weapons possessions and membership in a terrorist organization. As the letter to Mazuz notes, however, the Hamas prisoners are additionally guilty of war crimes and crimes against humanity. Moreover, international law mandates that Israel prosecute them for these serious offenses as well.
Israel is not a signature to the Geneva Convention and does not recognize it as customary international law. However, Israeli courts have opinioned that the “humanitarian” sections of the Fourth Geneva Convention should be upheld and safeguarded as a reflection of basic human rights which the Israeli government has undertaken to protect.
Article 3 of the Fourth Geneva Convention prohibits the injuring of civilians during the time of an armed conflict by any sides. It clearly draws a distinction between military and civilian objectives. “Crimes against humanity” are acts of murder carried out in a widespread or systematic method as a policy of a state or organization.
The thousands rocket attacks from Gaza on neighboring cities, which have killed and maimed Israeli citizens, were intentionally carried out by Hamas to coerce and intimidate Israel’s government and civilian population. The terror attacks were widespread and systematic
According to Shurat HaDin director Nitsana Darshan-Leitner: “As the Europeans, the Arab states and the UN call for investigations of the IDF’s actions in Gaza, Israel must seize the initiative and indict the captured terrorists for war crimes and crimes against humanity. In 2008 alone, 1,571 rockets and 1,531 mortars were launched from Gaza against Israeli civilian targets. Israel has a moral obligation to prosecute those Palestinians who target civilians for the gravest of crimes and demonstrate to the world that Hamas’ rocket attacks are acts of genocide against Jews.”
Those convicted of war crimes and crimes against humanity are not eligible for clemency nor pardons and must serve their full sentences. (Yechiel Spira – YWN Israel)
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2 Responses
Finally a word of sensibility from Israel, they are WAR CRIMINALS, should be tried and NEVER let free.
*BTW they need prisoners to exchange for Gilad, may he see the light of day in the Holyland quickly.
It’s a two-way street. Unfortunately some people believe that the Zionists don’t have to be held to any standard, and that they never do anything wrong. Of course such a view is totally absurd. So when nations begin seeking to prosecute Zionist officials on war crimes for what they did in Gaza, I am sure the supporters of the medinah will consider it totally appropriate.