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Why the Kuala Lumpur Tribunal’s genocide verdict against Israel sets a key precedent

By Nadezhda Kevorkova | RT | December 4, 2013

Until now, Israel has been getting away with anything it likes. A series of revolutions and counter-revolutions in the Arabic world has driven it into chaos, and seems to have pushed the Palestinian issue off the international agenda for good.

And yet Malaysia, a predominantly Muslim country, has now called a tribunal for war crimes and produced a genocide ruling – against whom?

Not against Assad, as one might have expected, but against Israel, the state that considers itself to be beyond the jurisdiction of any court or tribunal.

In Hamlet, the message that the king killed his brother to marry his widow and seize the throne is delivered by the murdered king’s spirit – which literally means by someone who cannot testify in court. As a result, Prince Hamlet spends a long time tormenting himself about whether he should believe the spirit and avenge his father. After that, he undertakes a smart move – asking a troupe of actors to stage a play reenacting his father’s murder, while he watches the murderer’s reaction. At the end of the play, everyone dies, but Hamlet has gotten his revenge.

That’s how people’s justice usually works – it takes a long time, it’s messy and ultimately useless from a rational viewpoint. It would have been much more rational for Prince Hamlet to pay due honor to the new king and his new wife, Hamlet’s mother, pray for his deceased father, marry Ophelia and have lots of children, then inherit the throne in due time and just keep on living…

The spectators watch how the prince’s world and values are shattered to the ground. The father’s spirit has its word. The actors have played out their play, and the murderer has been betrayed by his reaction.

For the first time, an international war crimes tribunal has charged the State of Israel of genocide, an unprecedented event, as so far no international court or tribunal has ever delivered a verdict against Israel to date.

The International Tribunal convened in Kuala Lumpur, Malaysia. Israel refused to send any representatives. The Kuala Lumpur War Crimes Tribunal has no official ties to the UN and acknowledges that it has not authority to deliver punishment. Opinions differ on the subject of its jurisdiction, and the only sanction it has in its power is to enter the name and title of the party found guilty in the Tribunal’s registry and announce it publicly to the world. In 2011, the tribunal found George Bush and Tony Blair guilty of crimes against peace, crimes against humanity, and genocide as a result of their roles in the Iraq War.

It seems that one could just as well ignore this tribunal; much like Israel ignores the condemning UN resolutions, protests, severed diplomatic relationships and all other kinds of protests against the military actions and acts of violence applied against the Palestinians on a daily basis. However, a detailed trial like this indicates that the mechanism has been set in motion, which will have consequences for the entire world, not just for Israel or the Middle East.

The International Tribunal is part of the Kuala Lumpur Commission on War Crimes; however, these two institutions are not part of Malaysia’s judicial system, even though they employ judges and prosecutors of Malaysian background. Israel has no agreements signed with this or any other international court. Yet the Tribunal acts on the basis of the UN Convention on the Prevention and Punishment of the Crime of Genocide of 1948, which was signed and ratified by Israel. And this very signature, Israel’s membership in the UN and the fact that Israel owes its very existence to the UN and to the condemnation of genocide against Jews in the course of World War II – all this at the very least gives us the right to challenge and discuss whether Israel’s own actions could fall into the category of genocide.

Interestingly, the USA has been refusing to sign this document for 37 years, having reasonable fears that many lawyers would want to charge the USA itself with genocide of the Indians and African slaves, as well as the Japanese, the Koreans, the Vietnamese and many others. Israel, in its turn, did not foresee that the very convention it pushed the world to adopt after the war will one day be used against it. The very formation of the State of Israel was made possible by the agreement of the victorious powers to acknowledge that Jews were victims of genocide carried out by Nazi Germany and that only having a nation state of its own can guarantee them proper protection.

“The victims of genocide became themselves the source of it.” This is how Hedi Epstein sees the essence of the ruling against Israel. A German Jew who survived WWII, she lost her parents to a concentration camp. Epstein was a prosecution witness in the Nuremberg Trials. And in 1982, she learned that the Israeli Army occupied Lebanon and provoked mass executions in the Sabra and Shatila Palestinian refugee camps. From that moment on, Epstein and hundreds of other Jews embarked on an anti-military and anti-Zionist campaign. However, Israel has refused to listen to their voices. They were labeled “self-hating” Jews and banned from the country which, incidentally, announced itself to be the homeland of all Jews in the world. Israel remained deaf to their warning that the Jews who survived genocide do not wish Israel to be committing genocidal crimes against the Palestinian people in their name.

Israel was convinced that the US would never cease to provide it with military and political assistance, so it had nothing to worry about. The Jewish “weirdos” are free to organize as many useless marches and “freedom flotillas” as they wish; no one will dare to find Israel guilty.

And now Israel has received its first wake-up call.

The hearings on the genocide lawsuit started in August 2013. But the news soon faded into the background as the media extensively covered the mass shooting of hundreds of Egyptians who disagreed with President Morsi’s arrest and the growing tensions around Syria due to a possible American missile strike.

On November 20-25, the final stage of the proceedings took place, initiated by a group of Palestinians, who reported a number of incidents.

The first one involved Israeli soldiers who killed 29 members of the extended Samouni family in the Zeitoun neighborhood of the Gaza Strip during the 22-day Operation Cast Lead in 2008 and 2009.

This is the most notorious crime against Palestinians over the last few years. Judge Goldstone incorporated it into his report, which he submitted to the UN after the operation was over.

The Samounis were a large family of peaceful farmers. None of them had ever participated in armed resistance. They were some of the few Palestinians who got on well with the Israeli settlers and they were frustrated by the removal of the settlements from the Gaza Strip.

In January 2009, an Israeli helicopter landed on their field. A few gunmen demanded that the Samounis turn in the Hamas militants to them. The next thing they did was bring the whole family under one roof and shoot them down dead, including the infants. Those who survived were found under the bodies of their relatives.

One of the survivors was the children’s mother. She repeatedly tried to get a criminal case started in various courts of law, but failed to get any compensation or apologies from Israel.

The second story revolved around the mass shooting of women and children in the Sabra and Shatila camps in Lebanon in 1982.

Other incidents included:

– lethal firing of teargas canisters and rubber bullets by Israeli Defense Forces that resulted in the deaths of unarmed civilians during the Intifada campaigns and subsequent protests;

– intensive, indiscriminate aerial bombing and artillery shelling of civilian quarters in the Gaza Strip in 2008;

– a university student who was shot without warning at a peaceful protest by an Israeli sniper, firing a fragmentary bullet that caused extensive and permanent damage to his internal organs;

– a Christian resident of the West Bank who was repeatedly imprisoned and tortured on grounds of subversion;

– a female resident of Nablus who suffered mental anxiety due to her imprisonment and subsequent social ostracism;

– a Palestinian physician who conducted studies on the psychological trauma inflicted, particularly on children, as result of constant intimidation, massive violence and state terror during and following the second Intifada; and

– Expert witness Paola Manduca, an Italian chemist and toxicologist, who found extreme levels of toxic contamination of the soil and water across the Gaza Strip, caused by Israeli weapons made of heavy metals and cancer-causing compounds.

The Tribunal found the State of Israel guilty of genocide of the Palestinian people in each of these cases, blaming former general Amos Yaron for the Sabra and Shatila massacre.

The Tribunal’s verdict reads as follows:

“The Tribunal is satisfied, beyond reasonable doubt, that the first defendant, [General] Amos Yaron, is guilty of crimes against humanity and genocide, and the second defendant, the State of Israel, is guilty of genocide.”

Even though the Israeli authorities ignored the summons, several highly experienced lawyers were appointed by the Tribunal to represent Israel.

So far we can only see separate elements without fully comprehending the full picture. There are several things worth noting here.

Israel’s case wasn’t brought before the International Criminal Court (ICC) in The Hague; in fact, it wasn’t a European court at all. In Europe, the guilt for failing to save the Jews from genocide 70 years ago is still alive and associated with Israel. Hearing this case in the Malaysian tribunal sends a message to the whole world that Israel should be treated like any other state, like Rwanda, Serbia, Libya or Cambodia.

The fact that the Kuala Lumpur War Crimes Tribunal condemned Israel is hardly surprising – Malaysia actively supports the Palestinians. In early 2013 the Malaysian prime minister visited the Gaza Strip – there aren’t many political leaders who can afford to make such a provocative step.

Malaysian Islam is similar to that of the Muslim Brotherhood, an organization that suffered such a crushing political defeat in Egypt. Malaysia’s ex-leader, Mahathir Mohamad, is a very influential figure in the Muslim world, especially among Muslim Brotherhood supporters, specifically in the part of the Muslim establishment that’s close to Britain.

Malaysia is even more determined to get revenge for the damage the Muslim Brotherhood sustained than Turkey, so this influential political faction dealt their opponents a glancing, but painful blow. It’s the first time an international tribunal convicted not individual generals, but the State of Israel of genocide. Israel’s main weapon has been turned against it.

It’s also important to note that a year ago Henry Kissinger, a key figure in US politics and architect of the Middle East peace deal, unexpectedly said that he perused a report by 16 American intelligence agencies which arrived at the conclusion that in 10 years’ time there will be no more Israel. The report itself, as well as Kissinger’s comment, can only be viewed as proof that a certain section of the American political elite intends to finish Project Israel. Otherwise, they would’ve kept the report under wraps and started working on a plan to save Israel. And most importantly, if saving Israel was on their agenda, no tribunal would be hearing this case.

Moreover, most of the Israel’s supporters wanted to believe that almost three years of revolutions in the Arab world and two years of fighting in Syria have pushed the Palestinian issue to the sidelines. Israel rejoiced that the focus shifted from the Palestinian issue, which united everyone, to the Syrian conflict, which became a bone of contention for the entire world.

Contrary to Israel’s expectations of two months ago, the Tribunal is not trying Assad for crimes against the Syrian people. Instead, it is trying Israel for genocide of the Palestinians. All of a sudden, Israel has lost its momentum. The Palestinians are back in the political spotlight, and the trap designed to lure Assad has turned into a trap for Israel.

Last but not least, many pundits rushed to argue that both the rise to power of the Muslim Brotherhood and their fall is all the doing of the US. The veteran commentators would say that those who are to blame for the toppling of the Muslim Brotherhood in Egypt will not go unpunished by the US and UK. The Israeli agents had put too much effort into cajoling major governments to support the Sisi-led coup to oust Mubarak and ignore the 3,000 deaths caused by the junta and the lies of the world media about the Muslim Brotherhood allegedly burning down the Coptic churches. Encouraged by the UK and Obama, full of arrogance and reluctance to reach any kind of compromise, Israel paved its own way to the genocide verdict.

Right now, Israel’s supporters are acting as though the Kuala Lumpur verdict can be neglected. But it won’t be long before they realize how dramatic the situation actually is: were the court to be situated in Europe, Israel would have lobbied its way out of the trial. But it did not reach as far as Kuala Lumpur. The precedent has been set.

Nadezhda Kevorkova is a war correspondent who has covered the events of the Arab Spring, military and religious conflicts around the world, and the anti-globalization movement.

March 22, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, Timeless or most popular, War Crimes | , , , , , , , , , , , , | Leave a comment

Genocide Tribunal Against Israel Fails Palestinian Victims

By Yoichi Shimatsu | Global Research | August 24, 2013

KUALA LUMPUR –  Anyone with the chutzpah to accuse Israel of genocide is going to bring on a preemptive strike. That is as guaranteed as cream cheese on a bagel.

The word “genocide” is loaded, since many and probably most Jews believe themselves to have a monopoly on the term. Most often cited in reference to the Holocaust, the G word elicits an intense emotional reaction. “War crimes” is an acceptable term in international parlance, for even Israel’s  most vociferous citizens grudgingly admit to instances of unrestrained violence against Palestinians.

“Genocide”, however, is in a class by itself, being the thermonuclear bomb of moral outrage. How dare supporters of Palestinian rights charge the Mideast’s “only democratic society” with systematic annihilation prompted by racial intolerance, economic greed, cultural chauvinism and religious bigotry?

Suspicion Mars Proceedings

The organizers of the Kuala Lumpur War Crimes Tribunal have brought on just such woe onto themselves by summoning a panel of international judges to rule on whether Israeli is guilty of genocide ever since its national birth in 1948.

The judicial proceedings got no further than the preliminary pretrial stage before it collapsed under acrimonious accusations ranging from prosecutors allegedly “poisoning minds” of Palestinian witnesses to outrage over a judge acting as ”an agent of the Mossad.”

The trigger for the heated denunciations between the prosecution team and the judicial panel was the prosecutors’ request for Judge Eric David, a law professor with the Free University of Brussels, to recuse himself (to voluntararily withdraw from the panel of judges).

The prosecutors had raised the issue of his earlier legal opinion to the effect that the People’s Mujaheedin (PMOI), an Iranian exile paramilitary which until recently was on the U.S. government’s list of terrorist groups should not be categorized as a terrorist entity.

According to media reports, the PMOI was involved in assassinating nuclear scientists and bombing factories in Iran. The group, largely based in Iraq , was militarily trained by the Israel secret service Mossad during the U.S.-led invasion of Iraq and subsequent occupation.

Co-Prosecutor Francis Boyle, a New York-based law professor, stated that the favorable opinion on that terrorist group implies that Judge David is politically aligned with the foreign policy of Israel , the defendant in the current tribunal on Palestinian rights. To this question of conflict of interest, Jurist David refused to give an answer, nor did the presiding judge demand him to respond.

Lead Prosecutor Gurdial Singh argued that the complainants, Palestinians who personally suffered war crimes by Israeli forces, had grounds for suspicion about Judge David’s impartiality given his past approval of Mossad-linked forces.

Gurdjial pointed out:

“This tribunal being a court of conscience, there must be not even a single blot on integrity.”

After tension-packed deliberations behind closed doors, the panel ruled in favor of Judge David without examining his controversial opinion and unanimously affirmed that he should serve on the tribunal. That ruling provoked Prosecutor Boyle to call for a mistrial, and the panel responded by accusing him of contempt of court. The proceedings soon descended into chaos and many more back-rooms parleys, before both sides agreed to an indefinite adjournment, possibly of several months, before the start of trial. In total, the preliminary session lasted less than two days, August 21-22, before it whimpered to a halt.

Procedure Matters

After many reporting assignments, along with a long stint at jury duty, in San Francisco criminal trials and New York City gun court, my immediate observation was that the panel of judges in Malaysia overemphasized courtroom decorum while inexplicably failing to follow basic judicial proceedings.

The stress on style rather than the substance of law revealed a “cultural” difference in courtroom custom between the hard-ball rhetoric bandied in American trials versus the polite and deferential manners in wig-adorned chambers under the British tradition. As sadly shown in Kuala Lumpur , however, decorum can often serve as a cloak for institutional inertia and possibly hidden agendas.

Issues of etiquette aside, the most grievous mistake was the panel’s opting for unanimous agreement as a group. Trials with more than one judge, these including tribunals and high courts, are organized for the exact opposite, that is to allow a divided opinion between the majority ruling and a minority dissent. At the Tokyo War Crimes Tribunal, whatever its merits and flaws, the guilty verdict of the majority of judges was famously opposed by the minority opinion of the Indian jurist Radhabinod Pal. In hindsight, that lone dissenting voice rings in our consciences to this day with its warning against victor’s “justice” and lynch “law”.

For a body of judges to act in unison in favor of one of their own profession is a gross violation of the principle of independence for each judge in a court of conscience. The disturbing thought that came to my mind was that insistence on acting as a group is completely out of place in a tribunal. Whether there was verbal manipulation in the judges’ chamber is privy only to those inside, leaving those of us on the outside with nothing but doubt.

Code of Silence

Prosecutors have a right to protest a violation of judicial procedures as the basis for mistrial, as was done by the co-prosecutor. Normally, when a capital crime is at issue, a mistrial can lead to a change of venue and a new judge and jury. If a court cannot possibly render a verdict on the basis of fairness, then another fairer arena must be found.

There were other serious problems: for example, the failure of the presiding judge to order the prosecutors to rephrase aggressive accusations as questions, and his neglect to demand that judge Eric David explain his past opinion to the satisfaction of all in the courtroom.

Judge David, one of the drafters of Bertrand Russell Tribunal on Israeli war crimes against Palestinians, did not give a single word of explanation, much less a convincing argument, for his legal opinion and tacit support of a Mossad-trained terrorist group that was a combatant in the Iraq War and responsible for violent acts against Iranian civilians that are illegal under international law.

His silence smacks not only of delivering selective justice but also of harboring a hidden agenda. Instead of ethical clarity, he chose to the muddy waters. If genuinely in support of the tribunal, he would have recused himself as the source of doubt, even if his intentions were misunderstood.

From the inception of this tribunal on Palestinian rights more than a year ago, the prosecution strategy has been to seek a genocide verdict against Israel , while the defense tactic is, logically, to water-down the ruling to less onerous guilt of war crimes falling far short of genocidal state policy.

Unfortunately, the reluctance of the unified panel to accept transparency and open debate in the proceedings reinforced the perception of judicial bias among the aggrieved complainants from Palestine . That some and possibly many of the jurists were either hesitant or predisposed to reject a verdict of genocide would be understandable in an Israeli courtroom. That such has happened in a predominantly Muslim country is simply astounding.

Perversion of Justice

Unfortunately, and to their eternal shame, many pro-Israeli legal professionals are not up to ethical par, as was shown in a major investigation at The Hague during the mid-1990s. I served as one of a handful of reporters on the case involving a weapons-loaded El Al cargo jet that crashed into an apartment building in Biljmeer district of Amsterdam, killing residents in an intense fire and harming emergency crews with toxic releases. The legal case was criminally undermined by massive amounts of Israeli bribery of witnesses (guised as unofficial out-of-court settlements), interference by the Israeli security team at Schipol Airport and the eventual silencing of the Dutch team that investigated the air traffic maneuvers of the plane.

That Israeli-subverted case never got to trial in The Hague , and I cannot but now fear that the same fate could await the Kuala Lumpur War Crimes Tribunal.

There are undoubtedly external factors aligned against the tribunal, other than the Israeli opposition to an undesirable verdict on Palestinian rights. Google, which cooperates with Israeli interests, posted warning signs on the website of the Kuala Lumpur foundation in its earlier tribunal hearings against the U.S. government for the illegal war on Iraq .

Closer to home, U.S. and allied intelligence agencies have actively promoted protests, similar to their Arab Spring sponsorship, to weaken the Malaysia government. Under the White House strategic pivot to Asia policy and the Pentagon’s Air-Sea Battle Concept, Malaysia is perceived as a potential foe of American geopolitical intervention. Is the pressure on from Tel Aviv and Washington to crack the Kuala Lumpur tribunal?

In Bad Faith 

Laymen tend to perceive judges as men and women of ethical principle, non-partiality and free of preconceived biases. Sadly, the vast majority are not. One must remember that for every drone strike against a family home in a remote outland, a judge in a big city signs a writ of execution with not a whit of credible evidence. Constitutional guarantees have been reduced to a scrap of paper, and along with them so goes judicial standards.

For these very reasons, the tribunal in Kuala Lumpur must proceed and in accordance with the highest standard of international law. It is not a predetermined show trial nor a mock court, for this tribunal offers the legal strategy, the arguments and the precedent for the Palestinian Authority to press its long-overdue case in the International Court of Justice.

The Palestinian people have suffered prolonged and inexcusable violations of every human right under a state policy of eviction, banishment, imprisonment, torture and murder, repeatedly in an indiscriminate and cruel manner. If those who speak of the Rule of Law, for those who preside over our courts of law, cannot act, much less decide, against these inhumane practices and policies against a long-standing community, then there exists no law in Israel or at The Hague worthy of our respect and obedience.

The case of the Palestinian people versus the State of Israel is, in fact, a test of conscience for each and every one of us and proof of whether our global civilization is anything more than a facade for brute barbarism.

The Jewish people pride themselves at a moral lamp to humanity in darkness, but with only a few brave and notable exceptions in the cause of Palestinian rights, the dominant reaction of supporters of Israel has been toward obstruction of justice and outright injustice. The outcome can only be tragic for both peoples.

According to the Law Giver

The Hebrew term “Shoah” or calamity, which is also used to describe the Nazi policy against Jews, is the exclusive intellectual property of the Jewish people. “Genocide”, in contrast, is universal, applying to any nationality that faces systematic elimination.

To give credit where it is due, a Polish Jew coined the hybrid word “genocide”, which combines “genus”, Latin for family or breed, with “cide”, which translates as killing. A prosecutor in prewar Poland , before it was divided by German and Soviet forces, devised this word to describe the ultimate crime while drafting his book “Axis Rule in Occupied Europe” (published in 1944 by the Carnagie Foundation for International Peace). After immigrating to the United States , Lemkin joined the faculty of Rutgers Law School and drafted a genocide treaty adopted by the newly formed United Nations in 1948.

The Convention on the Prevention and Punishment of the Crime of Genocide, to summarize, forbids the killing, maiming and deliberate inflicting on a targeted group those conditions of life calculated to bring about its physical destruction in whole or in part.

This lawgiver made very clear that the genocide is applicable to any group threatened with “a coordinated plan” for the destruction of “essential foundations of the life of national groups, with the aim of annihilating the groups themselves” with objectives including disintegration of political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even their lives.”

Genocide does not necessarily mean the killing of every single member of a group since total extermination is often not feasible even with brutal efficiency.

Lemkin cited many genocide cases from our troubled world history, including “Christians of various denominations, Moslems and Jews, Armenians and Slavs, Greeks and Russians, dark-skinned Hereros in Africa and white-skinned Poles perished by millions from this crime.” The law must protect not just individuals but also groups of people, and by all accounts, the Palestinians are a group suffering most and probably all of the abuses cited.

Now 65 years after Lemkin formulated the rules of conduct, it becomes painfully apparent that yesterday’s victims can too easily become today’s perpetrators. What has anyone learned from their own suffering?

Yoichi Shimatsu is a Hong Kong-based journalist, is former editor with The Japan Times group in Tokyo and Pacific News Service in San Francisco.

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August 25, 2013 Posted by | Corruption, Deception, Ethnic Cleansing, Racism, Zionism | , , , | Leave a comment