State of Israel Charged for “Crime of Genocide and War Crimes”, Kuala Lumpur Tribunal
Tribunal Hearing against Israel and General Amos Yaron
By Kuala Lumpur War Crimes Commission (KLWCC)
KUALA LUMPUR, 19 August 2013 – The Kuala Lumpur War Crimes Tribunal (KLWCT) will be hearing war crimes and genocide charges against Amos Yaron, a retired Israeli army general and the State of Israel from 21 to 24 August in Kuala Lumpur.
This is the first time that war crimes charges will be heard against the retired general and the State of Israel in compliance with due legal process. The Kuala Lumpur War Crimes Commission (KLWCC), having received complaints from victims from Palestine (Gaza and West Bank) and the Sabra – Shatila refugee camps in Lebanon, in 2012, investigated these complaints resulting in the institution of formal charges on war crimes against the accused.
The suffering of the Palestinian people have been well documented over the decades without any legal recourse being open to these people. Legal obstacles are placed in their path denying them the right to be heard. The international community too has failed to recognise their fundamental human right to be heard. The KLWCC founded in 2008 was established to fill this void and act as a peoples’ initiative to provide an avenue for such victims to file their complaints and let them have their day in a court of law.
Witnesses are scheduled to testify against the accused during the course of the tribunal hearing. Eyewitnesses of the Sabra – Shatila massacre will be testifying at the hearing and one of them include prominent surgeon and author Dr Ang Swee Chai. Other witnesses at the hearing will also include those from Gaza during the Operation Cast Lead 1 that resulted in the loss of numerous civilian lives and destruction of property where even children were victims.
Expert witness Paola Manduca, a retired Professor at University of Genoa, Italy who is an expert Geneticist will testify on the impact of weapons on reproductive health arising from the attacks in Gaza, especially to children. There will also be witnesses from the West Bank to testify on alleged Israeli state violence and atrocities against the Palestinian people.
The first charge against Amos Yaron for War Crimes, Crimes Against Humanity, and Genocide is as follows:
The defendant Amos Yaron perpetrated War Crimes, Crimes Against Humanity, and Genocide in his capacity as the Commanding Israeli General in military control of the Sabra and Shatila refugee camps in Israeli occupied Lebanon in September of 1982 when he knowingly facilitated and permitted the large-scale Massacre of the Residents of those two camps in violation of the Hague Regulations on Land Warfare of 1907; the Fourth Geneva Convention of 1949; the 1948 Genocide Convention; the Nuremberg Charter (1945), the Nuremberg Judgment (1946), and the Nuremberg Principles (1950); customary international law, ‘jus cogens’, the Laws of War, and International Humanitarian Law.
The other charge, which is against the State of Israel for the Crime of Genocide and War Crimes, is as follows:
From 1948 and continuing to date, the State of Israel (hereafter ‘the Defendant’) carried out against the Palestinian people a series of acts namely killing, causing serious bodily harm and deliberately inflicting conditions of life calculated to bring about physical destruction.
The conduct of the Defendant was carried out with the intention of destroying in whole or in part the Palestinian people. These acts were carried out as part of a manifest pattern of similar conduct against the Palestinian people. These acts were carried out by the Defendant through the instrumentality of its representatives and agents.
Such conduct constitutes the Crime of Genocide under international law including the Convention on the Prevention and Punishment of Genocide 1948 (‘the Genocide Convention’) in particular Article II and punishable under Article III of the said Convention. It also constitutes the crime of genocide as stipulated in Article 10 of the Charter of the Kuala Lumpur War Crimes Commission.
Such conduct by the Defendant as an occupying power also violates customary international law as embodied in the Hague Convention of 1907 Respecting the Laws and Customs of War on Land, and the Fourth Geneva Convention of 1949. Such conduct also constitutes War Crimes and Crimes against Humanity under international law.
The trial will be held before the Kuala Lumpur War Crimes Tribunal, which is constituted of eminent persons with legal qualifications.