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Palestinian-Israeli Showdown Looms at War Crimes Court

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In this Friday, Sept. 26, 2014, file photo, Palestinian President Mahmoud Abbas addresses the 69th session of the United Nations General Assembly at U.N. headquarters. The U.N. has accepted Palestine's request join the International Criminal Court, setting April 1 as the starting date and clearing the way for potential war crimes investigations of Israel over its settlement building on occupied lands and a 2014 war in Gaza that killed hundreds of civilians.  (AP Photo/Richard Drew, File)

In this Friday, Sept. 26, 2014, file photo, Palestinian President Mahmoud Abbas addresses the 69th session of the United Nations General Assembly at U.N. headquarters. The U.N. has accepted Palestine’s request join the International Criminal Court, setting April 1 as the starting date and clearing the way for potential war crimes investigations of Israel over its settlement building on occupied lands and a 2014 war in Gaza that killed hundreds of civilians. (AP Photo/Richard Drew, File)

KARIN LAUB, Associated Press
MOHAMMED DARAGHMEH, Associated Press

RAMALLAH, West Bank (AP) — The U.N. has accepted a request by observer state Palestine to join the International Criminal Court, clearing the way for possible war crimes complaints against Israel. Palestinians hope the tribunal will give them more leverage in a lopsided conflict and keep a distracted world focused on their statehood claims.

But prosecution of Israel is not assured, and cases before the world’s war crimes tribunal can take years. Meanwhile, Israel is gearing up for a counter offensive that could land senior Palestinians in the defendants’ dock. Here is a look at the looming showdown at The Hague.

WHAT HAPPENS NOW?

Palestine formally joins the court April 1 as its 123rd member, U.N. Secretary-General Ban Ki-moon said in accepting Palestinian President Mahmoud Abbas’ ratification of the court’s founding statute. Palestine was recognized by the U.N. General Assembly in 2012 as a state, covering the West Bank, Gaza Strip and east Jerusalem, lands Israel captured in 1967. Palestine exists in theory only, with Israel in full control of most of the occupied territory, but will be treated as a state at the ICC. Israel is not a member of the court and has no plans to join, but its actions in the Palestinian territories can now be investigated and prosecuted by the court.

WHAT CASES WILL THE PALESTINIANS SUBMIT?

They will focus on last year’s 50-day war between Israel and the Islamic militant Hamas group in Gaza and on Israeli settlement construction on occupied lands. More than 550,000 Israelis live in settlements built since 1967 in the West Bank and east Jerusalem. The court’s 2002 founding charter says a state commits a war crime if it transfers its civilians to territory it occupies.

Abbas’ adviser Saeb Erekat said Wednesday that “we want to go forward” on both cases.

WHAT’S NEXT ON THE GAZA WAR COMPLAINT?

This week, Palestine accepted the court’s jurisdiction over its territory, going back to June 13, 2014. That’s the day after three Israeli teens were abducted and killed by Hamas militants in the West Bank, an attack that set off events culminating in the Gaza war the following month.

In the war, Israel launched some 5,000 airstrikes on Gaza, while Gaza militants fired thousands of rockets at Israel. More than 2,200 Palestinians were killed, most civilians, according to the U.N., while 72 people were killed on the Israeli side, including 66 soldiers.

Palestinian human rights groups are already collecting evidence against Israel, including thousands of witness statements. The strongest potential cases, including airstrikes on homes killing multiple family members, are being prepared for the ICC, said rights activist Shahwan Jabarin.

DO PALESTINIANS FACE POSSIBLE WAR CRIMES INVESTIGATIONS?

Yes. U.N. investigators say Hamas has committed war crimes by indiscriminately firing rockets and mortar rounds at Israeli civilians and launching attacks from civilian areas in Gaza. The militants, who seized Gaza from Abbas in 2007, have carried out such attacks for more than a decade and Israel says it launched the last Gaza war to stop rockets.

The militant group claims it is engaged in legitimate resistance to occupation and has supported Abbas’ request for ICC membership.

Israel says Abbas and his aides could also face prosecution, arguing he is legally responsible for Hamas’ actions because the group supports his Palestinian unity government.

Separately, an Israeli group, Shurat Hadin, filed war crimes complaints against Abbas, three other Palestinian officials and Hamas leader Khaled Mashaal. The group says it is preparing 30 more complaints that it hopes will deter Palestinians from seeking ICC action against Israel.

WHAT IS ISRAEL’S POSITION?

Foreign Ministry spokesman Emmanuel Nahshon alleges the Palestinians chose “legal warfare” over peace negotiations. Intermittent negotiations over 20 years have failed, most recently last year.

Israel retaliated for the Palestinian move to join the ICC by freezing the transfer of more than $100 million a month in taxes it collects for the Palestinians. The suspension means Abbas cannot pay salaries of 153,000 employees, dealing a major blow to a shaky economy. Israel has threatened further sanctions.

WHAT IS ISRAEL’S DEFENSE?

Israel denies it committed war crimes in Gaza, insisting it did its utmost to spare civilians. At the same time, Israel says its military is conducting a credible investigation of alleged violations of rules of combat, with 13 criminal probes launched and dozens of incidents under review. This could buy Israel time. The ICC is a court of last resort and will only step in if it believes war crimes allegations aren’t investigated properly at the state level.

Concerning settlements, Israel says they are not illegal. It portrays the West Bank as disputed rather than occupied and says east Jerusalem is part of Israel’s sovereign territory following its 1967 annexation — though the annexation was not recognized internationally.

IS AN ICC INVESTIGATION ASSURED?

No. It is up to ICC prosecutor Fatou Bensouda to decide whether to open an investigation. She wrote in August that her approach to Palestine “will be no different” from that to other states if the court receives jurisdiction.

Stepping into the Israeli-Palestinian conflict could broaden the reach of the court, which so far only prosecuted African dictators and warlords. But it’s also a huge challenge, considering setbacks suffered by the court, including the recent collapse of the prosecution of Kenya’s president.

HOW LONG COULD IT TAKE?

Cases can take years, from an initial review to launching an investigation and possibly filing charges, said Alex Whiting, a senior official in the ICC prosecutor’s office from 2010-2013 and now a Harvard law professor.

War crimes allegedly committed during combat are among the most difficult to prove, said Whiting, suggesting a Gaza war complaint would face stiff challenges.

WHAT DO THE PALESTINIANS WANT?

Joining the court is part of a broader strategy to involve the international community in the conflict with Israel, after Palestinians lost faith in bilateral talks and in the United States as a broker.

Some say that simply joining the court is an achievement for the Palestinians because it reframes the conflict with Israel as an issue of justice and war crimes.

WHAT ARE THE RISKS?

In joining the ICC, the Palestinians are transforming their relations with Israel from tense to hostile, reducing chances of negotiations on statehood.

The Palestinian Authority, Abbas’ self-rule government, could collapse if Israel continues to freeze tax transfers and Congress cuts off funding, as threatened. This could cost Abbas his job, damage ties with the U.S. and move Palestinian independence further out of reach.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Bay Area

Nigerian Bank Chief Killed in Helicopter Crash on Way to Superbowl XVIII

According to the San Bernardino County Sheriff’s Dept., the crash occurred near Nipton, on the edge of the Mojave Desert Preserve. The poor weather conditions — rain, wind and snow showers—may have contributed to the accident, although the investigation is not complete. All six aboard were killed. Herbert Wigwe, 57, founded Access Bank in 1989, and it became the country’s largest competitor, Diamond Bank in 2018.

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Herbert Wigwe with his wife, Chizoba Wigwe, left, and Abimbola Ogunbanjo, right. ENigeria Newspaper image.
Herbert Wigwe with his wife, Chizoba Wigwe, left, and Abimbola Ogunbanjo, right. ENigeria Newspaper image.

By Post Staff

The co-founder of one of Nigeria’s largest banks died with his wife, son and three others when the helicopter transporting them from Palm Springs, Ca., to Boulder City, Nev. to attend the fifty-eighth SuperBowl at the stadium outside Las Vegas crashed on Feb. 9.

According to the San Bernardino County Sheriff’s Dept., the crash occurred near Nipton, on the edge of the Mojave Desert Preserve. The poor weather conditions — rain, wind and snow showers—may have contributed to the accident, although the investigation is not complete. All six aboard were killed

Herbert Wigwe, 57, founded Access Bank in 1989, and it became the country’s largest competitor, Diamond Bank in 2018.

More recently, Wigwe was planning to open a banking service in Asia this year after making successful expansions to other parts of Africa, including South Africa, Kenya, and Botswana.

Nigerian President Bola Tinubu described Wigwe’s death as an ‘overwhelming tragedy.”

Oakland resident and Nigerian immigrant Kayode Gbadebo agrees with Tinubu. He met Wigwe in Nigeria but crossed paths with him in London in 2006. Wigwe, he said, “took risks.”

He was young and people thought he couldn’t do what he intended, which was not so much about money but community.

“He was more like Jesus in washing the feet of the poor– Wigwe was culturizing community,” Gbadebo said.

“There will never be another like him. This is a deep, deep loss” and he hopes everyone will eventually “be comforted.”

He was also disappointed that a replacement has already been named even before Wigwe is buried. “It is not reasonable. You don’t want a vacuum, but it’s” not fair to the family, Gbadebo observed.

Wigwe had also been working to solve the migration issues from African countries, believing that “investing in higher education was key to controlling mass migration, which “is destabilising countries across the world,” BBC News reported.

“We need to take a holistic approach to address global migration, starting with our traditional framework for international development,” Wigwe wrote.

To that end, according to BBC News, Wigwe was preparing to open Wigwe University in Niger, where he was from.

“The best place to limit migration is not in the middle of the Mediterranean or the English Channel or the Rio Grande. It is in the home countries that so many migrants are so desperate to leave,” he wrote, saying his university was an opportunity for him “to give back to society.”

Besides Wigwe and his wife, Chizoba Nwuba Wigwe, and one son, two crew members and Bimbo Ogunbanjo, former group chairman of the Nigerian Exchange Group Plc, were also killed in the crash.

According to Wikipedia, three other children survive Wigwe.

In his statement reported in People magazine, Tinubu described Wigwe as “a distinguished banker, humanitarian, and entrepreneur.”

“I pray for the peaceful repose of the departed and ask God Almighty to comfort the multitude of Nigerians who are grieving and the families of the deceased at this deeply agonizing moment,” the president said.

He added, “Their passing is an overwhelming tragedy that is shocking beyond comprehension.”

Besides feeling the tremendous loss, Gbadebo fears the disorder and greed that will follow. “It’s a mess,” he said.

People magazine, BBC News and Wikipedia were the sources for this report.

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Activism

No Valid Reason for Failing to Condemn Hamas’ Act of Terrorism

On Oct. 7, 2023, Hamas terrorists crossed the Israel-Gaza border and indiscriminately slaughtered Israeli civilians in their homes. They killed nearly 300 young people at a music festival and took at least 200 hostages including 30 children. The atrocities they committed included massacres of families, abduction of the elderly and children, burning of babies and rapes of women.

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iStock image.
iStock image.

By Joe W. Bowers Jr.

California Black Media

OPINION

On Oct. 7, 2023, Hamas terrorists crossed the Israel-Gaza border and indiscriminately slaughtered Israeli civilians in their homes.

They killed nearly 300 young people at a music festival and took at least 200 hostages including 30 children. The atrocities they committed included massacres of families, abduction of the elderly and children, burning of babies and rapes of women.

The horrific surprise attack deserves universal and unequivocal condemnation. President Joe Biden called what Hamas did “an act of sheer evil” and pledged to defend the lives of Israelis and Jewish Americans.

He said, “Let there be no doubt. The United States has Israel’s back. We’ll make sure the Jewish and democratic state of Israel can defend itself today, tomorrow, as we always have.”

Hamas killed approximately 1,400 people including 32 Americans. Citizens from 40 different countries including the United Kingdom, France, Mexico, and Thailand were killed or reported missing.

Hamas fighters breached Israel’s border defenses on the final day of Sukkot while soldiers were away due to the holiday and launched attacks on 22 towns outside the Gaza Strip. This security lapse has been described as a catastrophic failure of Israel’s intelligence agencies..

Hamas is an extremist Islamist militant organization that has governed the Gaza Strip since 2007. It is recognized as an Iranian-backed terrorist group by the U.S. and the European Union and has a long history of violence against Jews and Palestinians, the latter of whom they often use as human shields.

While there have been plenty of groups who have unequivocally condemned the massacres, there are a number who haven’t, including organizations such as the Democratic Socialists of America (DSA), Black Alliance for Peace, Red Nation, and independent Black Lives Matter (BLM) chapters (excluding the national Black Lives Matter Global Network Foundation).

The DSA San Francisco chapter put out a statement on Oct. 9 that said, “Socialists support the Palestinian people’s, and all people’s, right to resist and fight for their own liberation. This weekend’s events are no different.”

Student organizations at a number of universities and colleges in California signed a solidarity statement titled “Resistance Uprising in Gaza” from Students for Justice in Palestine (SJP). The statement attributes the violence of the Hamas attack to what it refers to as Israeli apartheid and occupation.

The SJP statement written by Bears for Palestine at UC Berkeley says, “We support the resistance, we support the liberation movement, and we indisputably support the Uprising.”  Essentially, these students are indirectly associating themselves with Hamas’ barbaric acts under the guise of “resistance.”

Signing the statement were 51 student organizations including those from Stanford, UC Berkeley, UCLA, UC Davis, UC San Diego, CSU Sacramento, and USC.

A statement signed by 34 Harvard student organizations said, “We, the undersigned student organizations, hold the Israeli regime entirely responsible for all unfolding violence.”

Many university leaders, where these students are enrolled, have been guilty of failing to unequivocally condemn Hamas and for inadequately addressing their students’ expressed support for Hamas.

Several Stanford faculty members, including three Nobel laureates, condemned Stanford’s administrators’ weak response to acts of terrorism and the expression of pro-Hamas sentiments by students on campus.

Israel unilaterally withdrew from Gaza in 2005. It dismantled 21 Israeli settlements in the territory and handed them over to the Palestinian Authority.

The assault by Hamas on Oct. 7 was not an ordinary clash with Israel. Hamas’ actions resulted in the deadliest single day for Jews since the Holocaust.

While there are valid reasons for protesting Israel’s treatment of Palestinians and a real reckoning with the Israeli government on its policies is long overdue, nothing justifies Hamas’ attack.

Israelis who were killed largely had nothing to do with the conditions of Palestinians in Gaza. Some of the victims weren’t even Israeli — they were just tourists.

The students blaming Israel for the atrocities committed by Hamas have faced criticism. Some groups have withdrawn their endorsements because of the backlash aimed at them. Others have doubled down on their activism. SJP held a “National Day of Resistance” on several campuses.

Several CEOs have asked Harvard to disclose a list of members from the organizations assigning responsibility to Israel to insure they do not hire any of their members. A Berkeley law professor has also urged firms not to hire his students who have publicly blamed Israel for the war.

This California Black Media report was supported in whole or in part by funding provided by the State of California, administered by the California State Library.

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