Fernando Andreu Merelles is a judge of the Audiencia Nacional in Spain. He plays a leading role especially in humanitarian law and in pursuing war-crime and similar issues (see linking articles relating to Rwanda, Israel, etc.). Such investigations are made possible by Spain's principle of universal jurisdiction in alleged cases of crimes against humanity, genocide, and terrorism.
On 29 January 2009 Andreu opened preliminary investigations into claims that a bomb attack on Gaza in 2002 warranted the prosecution of the former Israeli defence minister Binyamin Ben-Eliezer, the former defence chief-of-staff Moshe Ya'alon, the former air force chief Dan Halutz, and four others, for crimes against humanity. He has been investigating the deaths of 15 Palestinians terrorists, part of them civilians, who died when the Israeli air force bombed a house in Gaza City. [1] The attack killed a leader of the military wing of the Islamist movement Hamas, Salah Shehade, along with 14 civilians, mainly children, and wounded some dozens of civilians, according to the complaint. [2]
Andreu has also investigated the Rwandan genocide and allegations of war crimes by Rwandan Patriotic Army (RPA) and Rwandan Patriotic Front figures in Rwanda and the Democratic Republic of the Congo between 1994 and 2000. [3] [4]
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law, and like other crimes against international law have no temporal or jurisdictional limitations on prosecution.
The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.
The Rwanda Defence Force is the military of the Republic of Rwanda. The country's armed forces were originally known as the Rwandan Armed Forces (FAR), but following the Rwandan Civil War of 1990–1994 and the Rwandan genocide of 1994 against the Tutsi, the victorious Rwandan Patriotic Front (Inkotanyi) created a new organization and named it the Rwandan Patriotic Army (RPA). Later, it was renamed to its current name.
Salah Mustafa Muhammad Shehade صلاح شحادة was a member of the Palestinian Islamist movement Hamas. He led the Izz ad-Din al-Qassam Brigades military wing of Hamas, until his assassination by Israel.
James Kabarebe is a Rwandan retired military officer who has served as a Senior Presidential Adviser on security matters in the government of Rwanda, since 19 October 2018.
On the evening of 6 April 1994, the aircraft carrying Rwandan president Juvénal Habyarimana and Burundian president Cyprien Ntaryamira, both Hutu, was shot down with surface-to-air missiles as their jet prepared to land in Kigali, Rwanda; both were killed. The assassination set in motion the Rwandan genocide, one of the bloodiest events of the late 20th century.
Stephen J. Rapp is an American lawyer and the former United States Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice.
The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".
The Gaza War, also known as Operation Cast Lead, also known as the Gaza Massacre, and referred to as the Battle of al-Furqan by Hamas, was a three-week armed conflict between Gaza Strip Palestinian paramilitary groups and the Israel Defense Forces (IDF) that began on 27 December 2008 and ended on 18 January 2009 with a unilateral ceasefire. The conflict resulted in 1,166–1,417 Palestinian and 13 Israeli deaths. Over 46,000 homes were destroyed in Gaza, making more than 100,000 people homeless.
William Anthony Schabas, OC is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of international human law and human rights at Leiden University in the Netherlands, and an internationally respected expert on human rights law, genocide and the death penalty.
Accusations of violations regarding international humanitarian law, which governs the actions by belligerents during an armed conflict, have been directed at both Israel and Hamas for their actions during the 2008–2009 Gaza War. The accusations covered violating laws governing distinction and proportionality by Israel, the indiscriminate firing of rockets at civilian locations and extrajudicial violence within the Gaza Strip by Hamas. As of September 2009, some 360 complaints had been filed by individuals and NGOs at the prosecutor's office in the Hague calling for investigations into alleged crimes committed by Israel during the Gaza War.
The United Nations Fact Finding Mission on the Gaza Conflict, also known as the Goldstone Report, was a United Nations fact-finding mission established in April 2009 pursuant to Resolution A/HRC/RES/S-9/1 of the United Nations Human Rights Council (UNHRC) of 12 January 2009, following the Gaza War as an independent international fact-finding mission "to investigate all violations of international human rights law and international humanitarian law by the occupying Power, Israel, against the Palestinian people throughout the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, due to the current aggression". South African jurist Richard Goldstone was appointed to head the mission. The other co-authors of the Report were Hina Jilani, Christine Chinkin and Desmond Travers.
Emmanuel Karenzi Karake is a Rwandan Lieutenant-General who is the former Secretary General of the National Intelligence and Security Services (NISS).
The war crimes trial of Slobodan Milošević, the former President of the Federal Republic of Yugoslavia, at the International Criminal Tribunal for the former Yugoslavia (ICTY) lasted for just over four years from 2002 until his death in 2006. Milošević faced 66 counts of crimes against humanity, genocide, and war crimes committed during the Yugoslav Wars of the 1990s. He pleaded not guilty to all the charges.
Reactions to the 2014 Gaza War came from around the world.
Israeli war crimes are the violations of international criminal law, including war crimes and crimes against humanity, which the Israel Defense Forces, the military branch of the state of Israel, has been accused of committing since the founding of Israel in 1948. These have included murder, intentional targeting of civilians, killing prisoners of war and surrendered combatants, indiscriminate attacks, collective punishment, starvation, the use of human shields, sexual violence and rape, torture, pillage, forced transfer, breach of medical neutrality, targeting journalists, attacking civilian and protected objects, wanton destruction, incitement to genocide, and genocide.
Since the start of the Israel–Hamas war on 7 October 2023, the UN Human Rights Council has identified "clear evidence" of war crimes by both Hamas and the Israel Defense Forces. A UN Commission to the Israel–Palestine conflict stated that there is "clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable." On 27 October, a spokesperson for the OHCHR called for an independent court to review potential war crimes committed by both sides.
Israel has been accused of committing genocide in the Gaza war and the Biden administration has been accused of complicity in the genocide. The complicity accusation has been made in court, as well as by federal staffers. As well as Human rights organizations and academic figures around the world.
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