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About The Complaints Filed By ICAI HOKOK

ICAI HOKOK has presented complaints for various issues that concern the well being of the people and their rights to freedom, thereby the organization provided reports against many of those whom have committed crimes against humanity, including the former Egyptian leader Hosni Mubarak, the King of Bahrain Hamad Bin Isa Al Khalifa and the President of Yemen Ali Abdullah Saleh.
Until now ICAI HOKOK has filed 19 complaints before the Office of the prosecutor of the International Criminal Court concerning the situation in Gaza against 344 defendants.

The first 150 defendants are the following:

1-   The United Kingdom Prime Minister Gordon Brown 
2-   the Secretary of State for Foreign and Commonwealth Affairs “David Miliband” 
3-   the Secretary of State for Defense “Jhon Hutton” 
4-   the director of Apache engineering at Boeing John Schibler 
5-   IOF Colonel (Reserve) Geva Rapp 
6-   the former head of the Israeli Military Intelligence General Aharon Zeevi 
7-   the Head of the DCL Office Colonel Amnon Cohen 
8-   the former Israeli military governor of Hebron Colonel Barch Nagar 
9-   Officer of the IDF  Fuad Halhal 
10-  Colonel Noam Tivon 
11-  General Dov “Fufi” Sedaka 
12-  Former President of the USA George W. BUSH. 
13-  Israeli Foreign Minister Tzipi LIVNI.  
14-  Prime Minister, Ehud OLMERT. 
15-  Defense Minister Ehud BARAK. 
16-  Deputy Defense Minister Matan VILNAI. 
17-  Minister of Internal Security Avraham DICHTER. 
18-  Armed Forces Chief of Staff Gabi ASHKENZI. 
19-  Former US Secretary of State Condoleezza RICE 
20-  US Defense Secretary Robert GATES 
21-  Brig. Gen. Jonathan Locker 
22-  Maj. Gen. Ido Nehushtan 
23-  Colonel Ron Ashrov 
24-  Brigadier-General Eyal Eisenberg 
25-  Colonel Yigal Slovik 
26-  Sho'alay Marom, Brigadier (res.) 
27-  Lt. Col. Yoav Mordechai 
28-  Lt. Col. Oren Cohen 
29-  Lt. Col. Avi Blot 
30-  Lieutenant-Colonel Yehuda Cohen 
31-  Lieutenant-Colonel Ronen Dagmi 
32-  Col. Avi Peled 
33-  Brig.-Gen. (res.) Zvika Fogel 
34-  Brigadier-General Yuval Halamish 
35-  Col. Hertzi Halevy 
36-  Col. Tomer Tsiter 
37-  Gur Rosenblatt 
38-  Guy Ohaion 
39-  Lt. Col. Erez 
40-  Maj. Nimrod Aloni 
41-  Lieutenant Colonel (res.) Shlomo Saban 
42-  Capt. Ron Vardi 
43-  Col. Pnina Sharvit-Baruch 
44-  Major-General Yoav Galant 
45-  Richard Awizrat, Senior Warrant Officer 
46-  Major General Amos Yadlin 
47- Yuval Diskin 
48- General Amos Gilad 
49- Major General Gadi Shamni 
50- General Doron Almog 
51- Maj Gen Udi Adam 
52- Colonel Ygal Sharon 
53- Colonel Yehuda Fuchs 
54- Major Peter Lerner 
55- Brigadier General Kamil Abu Rokun 
56- Major General Yishai Be’er 
57- Brigadier General Avichai Mandelblit 
58- General Yair Naveh 
59- General Elazar Stern 
60- Major General Benny Gantz 
61- General Yosef Mishlav 
62- Brigadier General Ilan Paz 
63- Major Gen. Moshe Kaplinski 
64- General Moshe Yaalon 
65-Maj.Gen. Eliezer Shkedy 
66- Brigadier General Yair Golan 
67- General Aviv Kochavi 
68- Amnon Shabak 
69- Brigadier General Hezi Levi 
70- Brigadier General Gal Hirsch 
71- Shachar Ayalon 
72- Moshe Tamir 
73- Brigadier General Chazi Levy 
74- Colonel Yitzchak Gartziani 
75- Colonel Hartzi Halevi 
76- Brigadier General Yoel Strik 
77- Colonel Chagai Mordechai 
78- Yiftah Ron-Tal 
79- Gidon Ezra 
80- Itzik Eitan 
81- IDF Chief Rabbi Avi Ronsky 
82- Brig. Gen. Avi Zamir 
83- Brig. Gen. Guy Zur 
84- Admiral Ben-Baashat
85- Colonel Gideon Bar-on 
86- Colonel David Menahem 
87- Brig. Gen. Shlomo Turjeman 
88- Brig. Gen. Dan Biton 
89- Colonel Shlomo Ben Aryeh 
90-Rear Admiral Marom 
91- Maj. Gen. Yitzhak Gershon 
92- Maj. Gen. Avi Mizrahi 
93- Brig. Gen. Amir Eshel 
94- Colonel Ezra Duania 
95- Salem Ohio 
96-Dan Harel 
97- Gadi Eizenkot 
98- Colonel Itai Virov 
99- Brig. Gen. Maharan Prosenfer 
100- Menachem Mazuz 
101- John Yoo 
102- Robert J. Delahunty 
103- Patrick F. Philbin 
104- Jay Bybee 
105- William J. "Jim" Haynes, II 
106- Major General (Ret.) Michael E. Dunlavey 
107- Diane Beaver 
108- Jack Landman Goldsmith, III 
109- Ms. Eliana Davidson 
110- Colin Powell 
111- Henry Kissinger 
112- Nicholas E. Calio 
113- Michael Mukasey 
114- Karen Hughes 
115- Paul Bremmer 
116- Dick Cheney 
117- John Rizzo 
118- Robert Eatinger 
119- Steven Hermes 
120- Paul Kelbaugh 
121- Steven Bradbury 
122- David Addington 
123- Donald Rumsfeld 
124- George Tenet 
125- John Ashcroft 
126- Alberto Gonzales 
127- Paul Wolfowitz 
128- Doug Feith 
129- Elliot Abrams 
130- Karl Rove 
131- I. Lewis Libby
132- Mary Matalin 
133- Stephen Hadley
134- James R. Wilkinson 
135- John Bolton 
136- Michael Chertoff 
137- Timothy Flanigan 
138- Alice Fisher 
139- John Bellinger 
140- John Negroponte 
141- Jonathan Fredman 
142- Scott Muller
143- Kyle D. "Dusty" Foggo  
144- Andrew Card
145- Stanley McChrystal 
146-James Mitchell 
147- Tommy Franks 
148- Michael Hayden 
149- Robert Danin 
150- Mark Kimmitt 



 

Press Release
Friday, May 06, 2011, the International Coalition against Impunity (HOKOK) organization will be at The Hague (La Haye) Holland, accompanied by a number of European lawyers and Bahraini civilians.

ICAI (HOKOK) will submit a new complaint to the ICC concerning the crimes against humanity that are happening in Bahrain against civilians. The complaint will be presented with attached documents about the daily Bahraini government crimes.

The complaint details involve the daily Bahraini government violations from the beginning of the peaceful protests that started on February 14 2011. It also includes the destruction of mosques, burning of the Holy Quran, as well as arresting and detaining the people of Bahrain. It is also concerned with defending victims that have been prosecuted with a death penalty sentence.  

ICAI (HOKOK) organization members will hold a press conference on May 06, 2010, at 12:00 noon, till 1:00 PM afternoon, in Movenpick Hotel Den Haag-Voorburg / Stationsplein 82275 AZ Voorburg, The Netherlands Tel +31 70 377 37 37/

 

 The organization will put before the media and the public the documents about the violent incidents that still are occurring in Bahrain by the government and its partners. Following, a protest will be held for this matter starting at 2:00 PM till 4:00 PM from the Movenpick Hotel to the ICC COURT in La Haye, portraying to the public various images of victims that have been murdered in Bahrain.  



- ICAI HOKOK presents the first complaint filed before the ICC during the Operation Cast Lead

Before the International Criminal Court

Office of the Prosecutor

 

The Hague, Holland

 

Letter of Notification and Referral

 

Presented by ICAI (HOKOK)

                           

ICAI HOKOK REFERAL OF THE SITUATION IN GAZA, PALESTINE TO THE OFFICE OF THE PROSECUTOR OF INTERNATIONAL CRIMINAL COURT

Application, Submission and Complaint

ICAI (HOKOK), on behalf of its affiliates and the International Community

Against

 1-Prime Minister, Ehud OLMERT.

2-Defense Minister Ehud BARAK.

3-Deputy Defense Minister Matan VILNAI.

4-Minister of Internal Security Avraham DICHTER.

5-Armed Forces Chief of Staff Gabi ASHKENZI.

6- The above enumerated individuals are jointly and severally liable for the Crimes committed in Gaza by their Government.

And each has been shown by investigation to be a co-conspirator.

The Government of Israel in liable for all the crimes committed against the residents of Gaza as detailed below and in the attached Appendix.

 

                                                         I                                 

Acting under its by-laws and with the unanimous approval of the Board of Directors, HOKOK, the International Coalition against Impunity, Headquartered in Beirut, Lebanon, hereby refers to the Prosecutor of the International Criminal Court the situation prevailing in Gaza, Palestine since 2005; ICAI (HOKOK) calls for the arrest of the perpetrators of the continuing crimes against Gaza, and a trial in the International Criminal Court before it is too late to stop a region wide blood bath.

 

Affirming that ICAI HOKOK is a member of the International Coalition for the International Criminal Court;

Taking note of the existence of agreements referred to in Article 98-2 of the Rome Statute and that under the Rome Statute, individuals or organizations may submit to the Prosecutor information on crimes within the jurisdiction of the Court (“communications”) and that the Prosecutor shall analyze the information to determine whether there is a basis to launch an Investigation;

Acting under the Rome Statute and procedures established for International Nongovernmental Organizations by the Office of the Prosecutor of the International Criminal Court;

Taking note of numerous testimonies, media and open source reports, as well as HOKOK’s own International Inquiry, on violations by Israel of international humanitarian law, war crimes, crimes against humanity, and elements of genocide in Gaza;

Determining that the situation in Gaza continues to constitute a threat to the lives of 1.5 million Palestinians, as well as a threat to international peace and security;

 

Hereby refers the situation in Gaza to the Prosecutor of the International Criminal Court;

Mindful that The ICC Statute expressly stipulates that the Court may travel in order to try a case near the site where the crimes were committed; Petitioners respectfully request that the Case of Israeli crimes in Gaza be heard in Gaza.

 

Jurisdiction

 

Petitioner Notes that the ICC Temporal jurisdiction requirement of the Rome Statute of 1 July 2002 is satisfied.  Moreover,  Petitioner  ICAI HOKOK avers that the Subject-matter jurisdiction:  based on allegations of crimes against humanity, war crimes, elements of genocide,  which constitute the most serious international crimes, and given the number of victims in Gaza of Israel’s crimes, that the Jurisdictional standard of the Rome Statue is met.



Statement of the Case

 

Since the beginning of the occupation of Gaza, but increasingly since 2005, Israel has conducted an unrelenting policy of collective punishment against the more than one and one-half million residents of Gaza flagrant violation of International legal norms.

As the occupying power, Israel has illegally enforced a blockage of Gaza, cutting off life sustaining food, medicines, oil and necessities as well as foreign humanitarian aid.  In addition, media and aid workers continue to be barred.

Increasingly aggressive threats from officials, culminating in February in the deputy defense minister Matan Vilnai’s infamous remark about creating a “shoah”, or Holocaust, in Gaza, has been matched by Israeli measures. The Israeli military bombed Gaza’s electricity plant in June 2006, and has been incrementally cutting fuel supplies ever since. In January, Mr Vilnai argued that Israel should cut off “all responsibility” for Gaza and two months later Israel signed a deal with Egypt for it to build a power station for Gaza in Sinai.

Israel’s Prime Minister Olmert, for example, has declared that Gazans should not be allowed to “live normal lives”; Avi Dichter believes punishment should be inflicted “irrespective of the cost to the Palestinians”; Meir Sheetrit has urged that Israel should “decide on a neighborhood in Gaza and level it”.

Petitioners argue and present witness testimony and voluminous documentation in the Appendix of its submission to support the conclusion that International Customary Law, Treaty Law, International Humanitarian Law, including the Rome Statute, continue to be flagrantly and egregiously breeched by Israel as it continues its siege of Gaza’s population and continues to commit Crimes against Humanity, War crimes, and elements of Genocide in Gaza.

   In aid of the Office of the Prosecutor of the International Criminal Court, Petitioners ICAI HOKOK outlines below the provisions of the Rome Statute, reflective of international law applicable to this Submission and Complaint, which Petitioners aver Israel continues to violate in Gaza.

Israel continues to commit Crimes against Humanity

Israeli Crimes against Humanity in Gaza includes three distinct actions in violation of Article 7 of the ICC Statute:

 

1.     Israel actions have been committed "as part of a widespread or systematic attack". The Israeli Article 7 attacks have not been limited solely to its military definition, but also include laws and administrative measures such as the deportation or forcible transfer of a population.

 

2.     The Israeli attacks have been directed "against any civilian population" (Art 7) that has been intentionally targeted. The presence of a few fighters among the civilian population is not sufficient to deprive the latter of its civilian character.

3.      The Israeli crimes must have been committed "pursuant to or in furtherance of a State or organizational policy".Therefore, perpetrators of crimes against humanity may be agents of the State, settlers, colonists or persons acting under its orders, such as death squads and targeted assassination units. This has been the case in Gaza.

 

Specific Israel actions that constitute Crimes against Humanity in Gaza.

 

Article 7 (1) of the Statute lists eleven categories of acts likely to constitute crimes against humanity. Article 7 (2) defines several of these acts, are considered to be crimes against humanity when committed "as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack".  All have been committed by Israel in Gaza.

 

 

1. Murder.

 

2. Extermination. Article 7 (2) (b) specifies that: "‘extermination’ includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population."

 

3. Deportation or forcible transfer of population. Article 7 (2) (d) specifies that: "'deportation or forcible transfer of population'

 Means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law."

 

4.        Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.

 

5.        Torture. Article 7 (2) (e) specifies that: "'torture' means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions."

 

 

6.      The "persecution" of any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, or gender grounds, or other grounds universally recognized as impermissible under international law, in connection with any crime within the jurisdiction of the Court. Article 7 (2) (g) specifies that: "'Persecution' means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity"

7.   Apartheid. Article 7 (2) (h) specifies that: "'The crime of apartheid' means inhumane acts of a character similar to those [...] committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and

8.   Committed with the intention of maintaining that regime."

9.   Enforced disappearance of persons. Article 7 (2) (i) specifies that the 'enforced disappearance of persons' means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time."

10.                Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

 

War crimes committed by Israel in Gaza.

 

The first lines of Article 8 of the Rome Statute explicitly state:

"The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes."

 

1)  War crimes committed within the context of an international conflict Article 8 (2) of the ICC Statute distinguish two categories of war crimes, both of which have been committed by Israel in Gaza.

 

For the purpose of this Statute, 'war crimes' means: Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons or property protected under Geneva Conventions and all of which have been committed by Israel in Gaza:

 

i) Willful killing;

ii) Torture or inhuman treatment, including biological experiments;

iii) Willfully causing great suffering, or serious injury to body or health;

iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

vi) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

vii) Unlawful deportation or transfer or unlawful confinement;

 

The Court is also competent to try "other serious violations of the laws and customs applicable in international armed conflict" [...], namely, any of the following acts intentionally directing attacks:

- [...] against the civilian population as such or against individual civilians not taking direct part in hostilities;

- [...] against civilian objects, that is, objects which are not military objectives;

- Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission [...].

 

       Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

As well as:

- Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

- Killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion;

- Making improper use of a flag of truce, or of the flag or of the military insignia and uniform of the enemy or of the United Nations [...]; The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies [...];

- Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical [...] treatment [...];

- Declaring that no quarter will be given;

- Destroying [...] the enemy's property [...];

- Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

- Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent service before the commencement of the war;

- Pillaging a town or place, even when taken by assault;

- Employing poison or poisoned weapons;

- Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

- Employing bullets which expand or flatten easily in the human body[...];

- Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering [...];

- Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

- Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

- Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

- Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions.

 

War crimescommitted by Israeli in Gaza within the context of an internal conflict:-

 

Article 8 of the Statute lists specific categories of war crimes that may be committed within the context of an internal conflict.  All have been committed by Israel in Gaza and are enumerated and discussed in the Appendix to Petitioners Submission.

 

1. "Violations of article 3 common to the four Geneva Conventions of 12 August 1949 committed against persons taking no active part in the

hostilities (civilians, wounded soldiers, prisoners, and those who have laid down their arms): [...]murder [...], mutilation, cruel treatmentand torture; committing outrages upon personal dignity, in particularhumiliating and degrading treatment; taking of hostages; the passingof sentences and the carrying out of executions without previousjudgment pronounced by a regularly constituted court, affording all

Judicial guarantees which are generally recognized as indispensable."

 

2."Intentionally directing attacks against the civilian population [...], against personnel, installations, material, units or vehicles  involved in a humanitarian assistance or peacekeeping mission [...]; [...] against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals [...]; pillaging a town or place, even when taken by assault; committing rape [...] or any other form of sexual violence;

 

3.     Acts committed by Israel in Gaza that are  traditionally considered as war crimes in the contexts of internal conflicts as enumerated in the Rome Statute:

 

"Killing or wounding treacherously a combatant adversary; declaring that no quarter will be given; subjecting persons […] to physical mutilation or to medical or scientific experiments [...]; destroying or seizing the property of an adversary […]."

Summary of Appendix Testimony to be presented by scores of Experts and on the scene Witnesses to the Office of the Prosecutor of the International Criminal Court.

In addition to the flagrant violations of International Customary Law, Treaty law and specifically the provisions of the Rome Statute Israel continues to perpetrate the following international crimes in Gaza:

     Israel's continuing blockade of the Gaza Strip, a measure that is depriving its population of food, fuel, and basic services, and constitutes a form of collective punishment.

    The latest measures, a complete closure of all Gaza border crossings since November 5, are part of an ongoing policy that has prevented the normal flow of goods and people in and out of Gaza since January 2006. It has contributed to a humanitarian crisis, deepened poverty and ruined the economy.

According to a senior relief official at the United Nations, Deputy Secretary-General John Holmes, at the beginning of 2008 Gaza has faced “ a serious humanitarian crisis.”

      United Nations Secretary General Ban Ki-moon has repeatedly condemned Israeli violence against civilians living in Gaza.  Addressing the Security Council recently, he condemned Israeli indiscriminate bombardment of Gaza Strip residential areas. He said that Israel has made "disproportionate and excessive use of force against civilians. While recognizing Israel's right to defend itself, I condemn the disproportionate and excessive use of force that has killed and injured so many civilians, including children," Ban said. "I call on Israel to cease such attacks."

     Israel's blockade of the Gaza Strip, an occupied territory under the Fourth Geneva Convention, constitutes collective punishment in violation of the laws of war.

    In Gaza, hundreds have been killed.  Homes, greenhouses, bridges, water and sewerage treatment plants and electricity generators have been destroyed in the latest acts of Israeli genocide sadistically code-named ‘operation Summer Rain, which began on 27 June 2006.  Israel continues its brutal air strikes on the Gaze Strip on a nearly daily basis.

    The humanitarian situation in Gaza is now critical as the borders remain closed. Food distribution by the United Nations to 750,000 people—half of Gaza's population remains severely disrupted.

   Gaza's main power station needs over 21 million liters of industrial diesel before it can restart power production, according to the relief agency. Gaza is currently suffering widespread power shortages with power cuts of up to 16 hours a day. On average 650,000 people–over a third of the population—are without power at any one time amid rolling power cuts throughout the territory.

    The fuel and power shortages have disrupted the pumping of water from 80 percent of Gaza water wells according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). Twenty percent of the population has access to water for six hours five times a week. Forty percent have access to water four days a week, and the remaining 40 percent have water for just three days a week.

   During much of 2008 insufficient wheat grain has entered Gaza, prompting Gaza's largest flour mill al-Philistiniya to close, according to OCHA. A lack of cooking gas has closed 28 out of 47 pita-bread bakeries in Gaza, and bread is being rationed. There are no bakeries in production in Rafah in the south of Gaza.

    The latest closures have compounded the already severe effects of a longer term blockade imposed in June 2007.  Over the last year, this policy has deepened poverty in Gaza and cut its industrial production by over 90 percent, according to the World Bank. The Palestinian Federation of Industries estimates that as a result of import restrictions and the inability to export, only 23 of the 3,900 industries in Gaza are operating, six of which produce wheat flour, one clothing, and the remainder food processing.

    These restrictions are impacting a population that is already among the poorest in the world. Close to 70 percent of the population lives in deep poverty, according the UN relief agency, UNRWA. (The agency defines deep poverty as a family of six persons or more living on income of less than US$467 per month.) Egypt has been complicit in the blockade by keeping its borders with Gaza closed for much of the past year, in cooperation with the Israeli government.

   Israel made a commitment in June to ease some of these restrictions – but the movement of goods into Gaza and people in and out the territory remains a fraction of what it was when borders were last opened for free trade. October's imports represented only 21 percent of the December 2005 level (13,430 truckloads), that is prior to the Palestinian Legislative Council elections, and 26 percent of the May 2007 level, immediately before the Hamas takeover of the Gaza Strip, according to OCHA. Exports from Gaza are not allowed.

   The Israeli government have prevented over 800 students from leaving the territory to study abroad. Restrictions on freedom of movement for the large majority of the population remain in place, preventing their access to work, healthcare, and family outside of Gaza.

   Even though Israel withdrew its permanent military forces and settlers in 2005, it remains an occupying power in Gaza under international law because it continues to exercise effective day-to-day control over key aspects of life in Gaza. Under the Fourth Geneva Convention, Israel is obliged to ensure the provision of food and medical supplies to the civilian population to the fullest extent possible.

    Israel refuses to lift restrictions on the flow into Gaza of food, medicines, and other supplies essential for the well-being of the civilian population and to cease measures that amount to collective punishment of the civilian population, including disruptions to the electricity supply and fuel cuts. Nor has Israel respected the right to freedom of movement, especially for those who need to travel for reasons of health or education.

   For the above reasons, Petitioners urge the Office of the Prosecution of the International Criminal Court to initiate and open Proceedings in the Situation of Israeli violations of International Law in Gaza.

 

   For the above reasons, ICAI HOKOK, submits this Situation to the Office of the Prosecution of the International Criminal Court, The Hague, Holland.

 

Respectfully submitted,

 

ICAI HOKOK by its President May El Khansa, Attorney,

and ICAI HOKOK Board Members

 

Franklin Pierce Lamb, PhD.

USA

Adnan Ezzeddine,

Spain

 

Juan Ramon Marcos Coloma, Attorney

Spain

 

Enrique Lopez Rodriguez, Attorney

Spain


Before the International Criminal Court


Office of the Prosecutor

The Hague, Holland

Letter of Notification and Referral
 
Presented by ICAI (HOKOK)

 
ICAI HOKOK presents a lawsuit against the symbols of regime in YEMEN, TO THE OFFICE OF THE PROSECUTOR OF INTERNATIONAL CRIMINAL COURT

Application, Submission and Complaint

ICAI (HOKOK), on behalf of its affiliates and the International Community

Against

         President of Yemen:-   Ali Abdullah Saleh.

   And others and each has been shown by investigation to be a co-conspirator.

By virtue of all the testimonies presented by our organization;

By virtue of all the testimonies presented by some of human rights’ organizations and international personalities as well as media reports;

Introduction about Ali Abdullah Salleh and his family, and his regime,

A-      Violated the rights of the citizen and raped a 32-year rule on YEMEN to a big prison.

B-Arrested and tortured hundreds of thousands, and froze the judiciary.. Hurting the economy and failed to exploit the riches of YEMEN's natural.
C-Sold the public sector and displaced workers and harbored thieves of public money and the country was divided into masters and slaves.

HOKOK (ICAI) shows some of the crimes committed by the current YEMEN regime, beginning by the president Ali Abdullah Sallah, especially during the last protests led by unarmed civilians calling on the president to step down.

Medics in Yemen on Saturday  19/3/2011 raised the death toll from a sniper attack on protesters to 52 as thousands rallied despite a state of emergency imposed by the autocratic regime.

The toll climbed overnight as six of the critically wounded succumbed to their injuries, according to medics.

The slaughter in the capital Sanaa on Friday18/3/2011 afternoon was the bloodiest day in weeks of unrest that has shaken the regime of.

Witnesses said pro-Saleh "thugs" rained bullets from rooftops around a square at Sanaa University, the center of demonstrations seeking the end of Saleh's 32-year rule.


Arab League representatives meeting in Cairo on Tuesday 22/3/2011,condemned "crimes against civilians" in Yemen and urged the Sanaa government to deal with the people's demands in a "peaceful manner."

The Arab League "strongly condemns the crimes committed against civilians, and calls for concerted efforts to safeguard national unity and the right to free expression," they said in a statement.

They also called for "dialogue and democratic methods to deal with the demands of the Yemeni people in a peaceful manner."

Arab League representatives meeting in Cairo on Tuesday 22/3/2011,condemned "crimes against civilians" in Yemen and urged the Sanaa government to deal with the people's demands in a "peaceful manner."

The Arab League "strongly condemns the crimes committed against civilians, and calls for concerted efforts to safeguard national unity and the right to free expression," they said in a statement.

They also called for "dialogue and democratic methods to deal with the demands of the Yemeni people in a peaceful manner."

The Arab League said it would monitor "the grave situation in Yemen."

 Crimes against Humanity since November 20, 2008

Human Rights Watch has issued a
report sharply criticizing the Yemeni government for a policy of collective punishment in its conduct of the Sa'ada war which includes bombardment of civilians, withholding food to the civilian population, mass arbitrary arrests, a media and communication black-out, and preventing international aid organizations from reaching the war refugees. Currently over 70,000 persons, mostly women and children, are without food or shelter and winter is approaching. No one can get to them.

The rest of my post is below the fold because it contains disturbing pictures of Yemeni children killed by their own government. However before I go under the fold, I would like to take this opportunity to thank Rusty for the posting privileges and the rest of the gang here at Jawa including you readers for the continual support when I need it, most recently when Yemeni journalist Abdulkarim al-Khaiwani was sentenced to six years in jail for writing about the genocide in Sa'ada. (He's out now.) For more see, Jawa's category Yemen or visit my
Yemen themed blog. To hear me rant about dim-witted US policy in Yemen , click the more button.

First an
oped in the Guardian

Far from her home village, which was bombed by government warplanes in May, Fatima spoke in a low voice that showed her fear of arrest. She was telling me why she had fled to Yemen's capital, San'a.

"The planes and helicopters attacked the rebels for seven hours, so we fled," she said. "We went back after two weeks but our house was totally destroyed, and some villagers had been killed by the government's bombs. We went to a different village but three weeks later army tanks attacked that village too, so we fled again and came back to San'a."

Fatima and up to 130,000 fellow Yemenis are the invisible victims of a war in the country's northernmost governorate of Sa'da that the Yemeni authorities would prefer you not to hear about. In its four-year conflict with armed rebels from an Islamist revivalist movement called "The Believing Youth," or Huthis, after their founder Husain al-Huthi, the government has banned journalists from the conflict zone. It has arbitrarily arrested those who report on civilian casualties and has cut off most mobile phone services in the region.

Worse still, the government has systematically prevented aid agencies from reaching tens of thousands of people in desperate need of food, water, shelter, and healthcare. About 60,000 of them, mostly women and children who sought refuge in the town of Sa'da, received limited help after the most recent round of fighting ended in July.

But the government earlier blocked all commercial traffic, including basic foods and fuel, a policy of collective punishment outlawed by international law. Today up to 70,000 additional people in need of help remain in remote areas where aid agencies still have little if any access. In some cases, the rebels have also blocked access by aid agencies

In preventing aid agencies from reaching civilians caught between the warring sides, Yemen has failed to respect its international legal obligations to ensure that Fatima and tens of thousands like her at risk from armed conflict obtain humanitarian aid essential to their survival.

Over the past years security forces have also arbitrarily detained hundreds of men not taking part in the fighting simply because they come from the same region as the rebels, locking them up without charge or trial. A number were detained as hostages to force relatives to surrender, or even because they were journalists who published stories about the conflict. In detaining hundreds of people without charge or trial, Yemen has violated its fundamental human rights obligations.

How has Yemen gotten away with it? Yemen's neighbor, Saudi Arabia, provides unquestioning support. More disturbing has been the public silence from the United States and European Union member states – countries that provide tens of millions of dollars in aid to Yemen. Their silence in the face of such serious human rights violations can only fuel instability in Yemen. When the West – concerned about the government's fragile hold on power in a country known to shelter al-Qaida militants – stays quiet about flagrant abuses occurring right under their noses, the Yemeni public sees them as siding with an abusive regime.

Those who provide aid should press Yemen's president, Ali Abdullah Saleh, to end arbitrary detention and to release the dozens of people still held without charge. And with the onset of cold weather, the government and the Huthis need to stop blocking the life-saving work of the humanitarian agencies that are essential to help women like Fatima and the tens of thousands of desperate invisible victims of Yemen's forgotten war.

A few from my enormous stock of pictures of dead Yemeni civilians, these photos are of villagers digging out a family killed by the Yemeni government's bombardment of residential areas in the northern Sa'ada region: 

 Crimes against Humanity since November 20, 2008

Human Rights Watch has issued a
report sharply criticizing the Yemeni government for a policy of collective punishment in its conduct of the Sa'ada war which includes bombardment of civilians, withholding food to the civilian population, mass arbitrary arrests, a media and communication black-out, and preventing international aid organizations from reaching the war refugees. Currently over 70,000 persons, mostly women and children, are without food or shelter and winter is approaching. No one can get to them.

The rest of my post is below the fold because it contains disturbing pictures of Yemeni children killed by their own government. However before I go under the fold, I would like to take this opportunity to thank Rusty for the posting privileges and the rest of the gang here at Jawa including you readers for the continual support when I need it, most recently when Yemeni journalist Abdulkarim al-Khaiwani was sentenced to six years in jail for writing about the genocide in Sa'ada. (He's out now.) For more see, Jawa's category Yemen or visit my
Yemen themed blog. To hear me rant about dim-witted US policy in Yemen , click the more button.

First an
oped in the Guardian

Far from her home village, which was bombed by government warplanes in May, Fatima spoke in a low voice that showed her fear of arrest. She was telling me why she had fled to Yemen's capital, San'a.

"The planes and helicopters attacked the rebels for seven hours, so we fled," she said. "We went back after two weeks but our house was totally destroyed, and some villagers had been killed by the government's bombs. We went to a different village but three weeks later army tanks attacked that village too, so we fled again and came back to San'a."

Fatima and up to 130,000 fellow Yemenis are the invisible victims of a war in the country's northernmost governorate of Sa'da that the Yemeni authorities would prefer you not to hear about. In its four-year conflict with armed rebels from an Islamist revivalist movement called "The Believing Youth," or Huthis, after their founder Husain al-Huthi, the government has banned journalists from the conflict zone. It has arbitrarily arrested those who report on civilian casualties and has cut off most mobile phone services in the region.

Worse still, the government has systematically prevented aid agencies from reaching tens of thousands of people in desperate need of food, water, shelter, and healthcare. About 60,000 of them, mostly women and children who sought refuge in the town of Sa'da, received limited help after the most recent round of fighting ended in July.

But the government earlier blocked all commercial traffic, including basic foods and fuel, a policy of collective punishment outlawed by international law. Today up to 70,000 additional people in need of help remain in remote areas where aid agencies still have little if any access. In some cases, the rebels have also blocked access by aid agencies

In preventing aid agencies from reaching civilians caught between the warring sides, Yemen has failed to respect its international legal obligations to ensure that Fatima and tens of thousands like her at risk from armed conflict obtain humanitarian aid essential to their survival.

Over the past years security forces have also arbitrarily detained hundreds of men not taking part in the fighting simply because they come from the same region as the rebels, locking them up without charge or trial. A number were detained as hostages to force relatives to surrender, or even because they were journalists who published stories about the conflict. In detaining hundreds of people without charge or trial, Yemen has violated its fundamental human rights obligations.

How has Yemen gotten away with it? Yemen's neighbor, Saudi Arabia, provides unquestioning support. More disturbing has been the public silence from the United States and European Union member states – countries that provide tens of millions of dollars in aid to Yemen. Their silence in the face of such serious human rights violations can only fuel instability in Yemen. When the West – concerned about the government's fragile hold on power in a country known to shelter al-Qaida militants – stays quiet about flagrant abuses occurring right under their noses, the Yemeni public sees them as siding with an abusive regime.

Those who provide aid should press Yemen's president, Ali Abdullah Saleh, to end arbitrary detention and to release the dozens of people still held without charge. And with the onset of cold weather, the government and the Huthis need to stop blocking the life-saving work of the humanitarian agencies that are essential to help women like Fatima and the tens of thousands of desperate invisible victims of Yemen's forgotten war.

A few from my enormous stock of pictures of dead Yemeni civilians, these photos are of villagers digging out a family killed by the Yemeni government's bombardment of residential areas in the northern Sa'ada region:

Article 8 (2) (a) and Article 8 (2) (a) (i): War crime of willful killing

1. The perpetrator killed one or more persons.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

……

 

Article 8 (2) (a) (ii)-1: War crime of torture

1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.

3. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

4. The perpetrator was aware of the factual circumstances that established that protected status.

……


Article 8 (2) (a) (ii)-2: War crime of inhuman treatment

1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

…….


Article 8 (2) (a) (iii): War crime of willfully causing great suffering

1. The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

…… Article 15       

Prosecutor

1.                                 The Prosecutor may initiate investigations        proprio motu on the basis of information on crimes within the jurisdiction of the Court.


2.         The Prosecutor shall analyze the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.


3.         If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
 
4.         If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
 
5.         The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

1.   If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation; he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. …………. 

-Petitioners state below a study condemning all the acts committed by Israel and the co-conspirators. It was revealed that the International Customary Law, Treaty Law, International Humanitarian Law, including the Rome Statute, were flagrantly and egregiously breached by Israel

as it committed Crimes against Humanity, War crimes, and elements of Genocide in Yemen.

For the above reasons, ICAI (HOKOK), submits this Situation to the Office of the Prosecution of the International Criminal Court, The Hague, Holland.

HOKOK claims, in light of the overwhelming evidence provided herewith, from the Prosecutor to issue immediately a warrant for the arrest of the aforesaid persons and for the freezing of their sizable assets and bank accounts everywhere to prevent them from committing further hideous crimes against humanity as well as war crimes.

To take all the necessary legal and administrative measures to start an immediate investigation, claiming that they committed several crimes against Yemen’s people in general.

Respectfully submitted,

                                                          1/April/2011

ICAI (HOKOK) by its  President

May El Khansa, Attorney,

Lebanon

And ICAI HOKOK Board Members

Adnan Ezzeddine, Attorney

Spain

Juan Ramon Marcos Coloma, Attorney

Spain

Enrique Lopez Rodriguez, Attorney

Spain

Maria Inmaculada Gallardo Martinez,

Spain

Yvette Galeano Cossio,

Spain

Ivan Garcia Ayuso

Spain

Dr Sayed Abu Al Khair Eygpt





Before the International Criminal Court


Office of the Prosecutor


The Hague, Holland

Letter of Notification and Referral

 
Presented by ICAI (HOKOK)

 

                           

ICAI HOKOK present a lawsuit against the symbols of  regime in Bahrain, and partners TO THE OFFICE OF THE PROSECUTOR OF INTERNATIONAL CRIMINAL COURT

Application, Submission and Complaint

ICAI (HOKOK), on behalf of its affiliates and the International Community

 

 
Against

·         His Majesty, Shaikh Hamad bin ‘Issa Al Khalifa,

 

And  others and each has been shown by investigation to be a co-conspirator.

By virtue of all the testimonies presented by our organization;

By virtue of all the testimonies presented by some of human rights’ organizations and international personalities as well as media reports;

 

22 March 2011

GENEVA – “From security to the freedoms of peaceful assembly and expression, the Government of Bahrain has ignored key human rights commitments made a month ago,” a group of UN independent experts* warned today. “These promises have been broken, and the authorities have embarked on a path of multiple human rights violations amidst a dramatic deterioration of peace and security in the country.”



17 March 2011

Geneva/Kuwait (ICRC) – Against the backdrop of recent events in Bahrain, it is especially important that all injured persons have safe and unhindered access to medical care, and that all medical facilities and personnel are spared the effects of the violence, the International Committee of the Red Cross (ICRC) said today.

"We are very concerned about the escalation of violence, which has led to more deaths and to scores of people being injured over the past few days," said Gérard Peytrignet, who heads the ICRC's regional delegation for the Gulf countries in Kuwait. The escalation occurred while forces from Gulf Cooperation Council countries intervened under a regional common defence agreement, and a state of emergency was imposed. "Injured people, and medical personnel, vehicles and facilities, must be respected and protected by all. Security forces must apply international standards governing the use of force in their efforts to restore law and order. In addition, all people arrested and detained must at all times be treated humanely and held in decent conditions."

2011-03-20 #Bahrain regime crimes against humanity, police drive by shooting of pedestrians documented (VIDEO)

SUNDAY, March 20

  • Riot police break into S.Yousif's home
"A group of riot police and masked civilians broke into S.Yousif's house - a human rights activist last night at 2:30 am but he was not there at the time. They inspected and checked all rooms in his house and missed things up. (Source: Facebook Profile: Bahrain Center for Human Rights)

Videos of Bahrain regime's crimes against humanity continue to hit the Internet

  • Bahrain police killing people in drive by shootings (Reported March 17 by redactednews.com)
·         Amnesty International has documented how in February, security forces in Bahrain used excessive force against peaceful protesters without warning and impeded and assaulted medical staff trying to help the wounded.
The riot police used tear gas, batons, rubber bullets and shotguns to disperse the crowds, killing seven people between 14 and 21 February and injuring scores of other protesters. Among those injured were medical staff who were trying to help wounded protesters in or near the Pearl Roundabout after protestors who had set up camp there were forcibly dispersed by the security forces early on 17 February. Paramedics trying to assist injured people on the same morning were beaten and attacked by the riot police.

·         Bahrain experienced further violence in mid-March after Saudi Arabia sent in one thousand troops and UAE police arrived in the small Gulf state, apparently at the request of the Bahrain government. On 15 March Bahrain's King declared a national state of emergency of three months’ duration. On 15 and 16 March the riot police and army reportedly fired at protesters injuring many and killing several. During these two days the army and riot police blocked access to health centers and hospitals.
Since protests started on 14 February, at least 12 protesters have been killed and another four have been found dead after they went missing in circumstances that are as yet unclear. It has been reported also that three foreign migrant workers were killed, apparently by persons other than the security forces, and that at least three policemen officers also died in clashes with protesters. Hundreds others have been injured and access to hospitals and health centers has been blocked.

·         Following the attacks on 16 March, at least 10 opposition activists and six medical doctors were arrested. Two of the 15 detainees were released within hours of their arrest but the whereabouts of the 14 others are currently unknown. The Bahraini authorities have not said where they are being held or given them access to their families or lawyers, nor have they disclosed the legal basis for their arrest other than saying they are accused of calling for the downfall of the government, inciting violence and acting as agents of a foreign power – an implicit reference to Iran. These accusations are denied by the detainees’ families. At least eight of the opposition activists are reported to have been arrested by a joint force of Bahraini and Saudi Arabian security forces who did not produce arrest warrants. Amnesty International considers them to be prisoners of conscience; four were only recently released after several months in detention during which some alleged that they were tortured or otherwise ill-treated.

·         Following the deaths of seven protestors in February, the King of Bahrain announced that an inquiry would be conducted by Deputy Prime Minister, Jawad al-'Arayedh but, to date, the government has provided no further details about this inquiry. Clearly, it cannot be considered independent if it is being conducted by a senior government minister.

·         Amnesty International is calling on the King of Bahrain to establish an immediate full, thorough, transparent and independent commission of inquiry to investigate the use of lethal and other excessive force by the security forces against protesters, medical staff and others in both February and March, to make the results of the investigation public and to ensure that all those found responsible for unlawful killings, excessive force or other serious abuses are brought to justice.

·         Amnesty International is also urging the Bahraini authorities to immediately rein in their security forces, including support forces provided by Saudi Arabia and other states, in order to prevent any repetition of the killings and other abuses that have occurred so far; to respect and protect the rights to freedom of expression and assembly, including the right to peaceful protest; and to release the political activists and medical practitioners who are currently being detained as prisoners of conscience.

·         His Majesty, Shaikh Hamad bin ‘Issa Al Khalifa

SATURDAY, March 19

FRIDAY, March 18

  • Bahrain army kidnapping injured patients at Salmaniya Hospital
According to Facebook: Freedom to Bahrain

The army is taking all the admitted and injured citizens in the surgical wards one by one by ambulances to BDF (Bahrain Defense Force) hospital. They are taking their files and notes away from the wards, deleting all the information from the computers. They have given warnings to the expats nurses if they opened their mouth talking about this issue.

They have locked one of the accesses to the lifts to that building leading to the surgical/ orthopedic wards. The only access to the building is guarded by the armed personnel, not letting any access except after thorough check. The atmosphere in the hospital is frightening and unsecured as the doctors and nurses are telling me.
 

Jurisdiction

Petitioner Notes that the ICC Temporal jurisdiction requirement of the Rome Statute of 1 July 2002 is satisfied.  Moreover,  Petitioner  ICAI HOKOK avers that the Subject-matter jurisdiction:  based on allegations of crimes against humanity and war crimes which constitute the most serious international crimes, and given the number of victims in Egypt, that the Jurisdictional standard of the Rome Statue is met.

Crimes against Humanity that occurred in Egypt include three distinct actions in violation of Article 7 of the ICC Statute:

1.    The Article 7 has not been limited solely to its military definition, but also includes laws and administrative measures such as the deportation or forcible transfer of a population.

2.    The attacks launched by the perpetrators have been directed "against any civilian population" (Art 7) that has been intentionally targeted.

 

3.     The defendants’ crimes must have been committed "pursuant to or in furtherance of a State or organizational policy".Therefore, perpetrators of crimes against humanity may be agents of the State or persons acting under its orders.

 

Specific actions that constitute Crimes against Humanity amid the protesters:

 

Article 7 (1) of the Statute lists eleven categories of acts likely to constitute crimes against humanity: Article 7 (2) defines several of these acts, are considered to be crimes against humanity when committed "as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack". 

1.    Murder.

 

2.    Extermination. Article 7 (2) (b) specifies that: "‘extermination’ includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population."

 

3.    Deportation or forcible transfer of population. Article 7 (2) (d) specifies that: "'deportation or forcible transfer of population' Means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law."

 

4.    Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.

 

5.    Torture. Article 7 (2) (e) specifies that: "'torture' means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions."

 

6.    The "persecution" of any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, or gender grounds, or other grounds universally recognized as impermissible under international law, in connection with any crime within the jurisdiction of the Court. Article 7 (2) (g) specifies that: "'Persecution' means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity".

 

7.    Enforced disappearance of persons. Article 7 (2) (i) specifies that the 'enforced disappearance of persons' means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time."

 

8.    Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

War crimes committed by the defendants against unarmed civilians:

 

The first lines of Article 8 of the Rome Statute explicitly state:

"The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes."

1)  War crimes committed within the context of an international conflict Article 8 (2) of the ICC Statute distinguish two categories of war crimes:

For the purpose of this Statute, 'war crimes' means: Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons or property protected under Geneva Conventions:

i) Willful killing;

ii) Torture or inhuman treatment,

iii) Willfully causing great suffering, or serious injury to body or health;

Article 8 (2) (a) and Article 8 (2) (a) (i): War crime of willful killing

 

1. The perpetrator killed one or more persons.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

……

 

Article 8 (2) (a) (ii)-1: War crime of torture

1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.

3. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

4. The perpetrator was aware of the factual circumstances that established that protected status.

……

Article 8 (2) (a) (ii)-2: War crime of inhuman treatment

 

1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

…….

Article 8 (2) (a) (iii): War crime of willfully causing great suffering

 

1. The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

…… Article 15  

Prosecutor

1.         The Prosecutor may initiate investigations        proprio motu on the basis of information on crimes within the jurisdiction of the Court.

 
2.         The Prosecutor shall analyze the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.


3.         If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
 
4.         If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
 
5.         The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

1.   If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation; he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. …………. 

For the above reasons, ICAI (HOKOK), submits this Situation to the Office of the Prosecution of the International Criminal Court, The Hague, Holland.

HOKOK claims, in light of the overwhelming evidence provided herewith, from the Prosecutor to issue immediately a warrant for the arrest of the aforesaid persons and for the freezing of their sizable assets and bank accounts everywhere to prevent them from committing further hideous crimes against humanity as well as war crimes.

To take all the necessary legal and administrative measures to start an immediate investigation, claiming that they committed several crimes against the people of Bahrain .

Respectfully submitted,

                                                                                1/April/2011

ICAI (HOKOK) by its  President

May El Khansa, Attorney,

Lebanon

And ICAI HOKOK Board Members

Adnan Ezzeddine, Attorney

Spain

Juan Ramon Marcos Coloma, Attorney

Spain

Enrique Lopez Rodriguez, Attorney

Spain

Maria Inmaculada Gallardo Martinez,

Spain

Yvette Galeano Cossio,

Spain

Ivan Garcia Ayuso

Spain

Dr Sayed Abu Al Khair

Eygpt