De Israelische Oorlogsmisdaden 98

EU obligated to prosecute war crime suspects

Daniel Machover and Adri Nieuwhof, 

The Electronic Intifada, 14 May 2009 

Over the past year, the European Union and Israel have deepened their relationship. The enhanced partnership that provides for closer political and mutually beneficial trade and investment relations as well as economic, social, financial, civil scientific, technological and cultural cooperation. The EU will pump 14 million euros ($18 million) of taxpayer money into the cooperation over the next seven years. However, talks to upgrade the current association agreement were suspended in January 2009 because of Israel's 22-day assault on the Gaza Strip. On 23 April, EU commissioner for external relations Benita Ferrero-Waldner said in a statement that "the EU deeply deplores the loss of life during this conflict, particularly the civilian casualties, and would follow closely investigations into alleged violations of international humanitarian law." Ferrero-Waldner chastised Israel's refusal to endorse a Palestinian state. Israel quickly responded, warning the EU to tone down its criticism.

In the midst of the Gaza invasion, numerous experts pointed out that Israel was committing severe and massive violations of international humanitarian law. The Hague regulations and Geneva conventions specifically mention the illegality of collective punishment, targeting civilians during wartime and rules on military necessity and proportionality. Israel did not allow journalists and international monitors to enter Gaza during the invasion, and these opinions were based on limited eyewitness and media reports. In order to come to a full understanding of the operations and assess the harm done, human rights organizations, UN bodies and the Arab League have undertaken fact-finding missions and investigations. As the conclusions from these various investigations are released, it is now apparent that Israel does indeed have a case to answer to on many alleged war crimes.

As High Contracting Parties to the 1949 Geneva Conventions, EU countries are obligated to bring the legal duties of the Fourth Geneva Convention into their law. The basic starting point is enacting any legislation necessary to provide effective penal sanctions for persons committing or ordering any of the grave breaches of the convention (i.e., war crimes). The following grave breaches mentioned in the convention seem relevant to the assault on Gaza:

"[W]illful killing, torture or inhuman treatment, willfully causing great suffering or serious injury to body or health, or willfully depriving a protected person of the rights of fair and regular trial, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly, if committed against persons or property protected by the Convention."

Lees verder: http://electronicintifada.net/v2/article10525.shtml