Impunity Watch

By Max Bartels

Impunity Watch Reporter, The Middle East

The Hague, Netherlands

On Wednesday Palestine officially joined the International Court of Justice after signing the Rome Statute in January if this year. Palestine seeks to pursue charges against Israel for alleged war crimes committed on Palestinian territory by Israeli troops. Israel is not a party to the Rome Statue however; military and civilian officials could still face charges if the court believes that crimes were committed on Palestinian territory. The signing of the Rome Statute by Palestine also opens up Palestinian officials and militants to be prosecuted by the court.

The judges and prosecutors of the International Criminal Court have full discretion as to which cases to pursue. (Photo curtesy of BBC News)

There are reports that several Palestinian are set to file complaints with the ICC, however it is the prosecutors and the judges who decide which cases to pursue. When Palestine signed the Statute in January, ICC prosecutor Fatou Bensouda launched a preliminary to determine if there will be a formal investigation into Palestinian grievances.

The Israeli government objected to the Palestinian Authority joining the Court, stating that Palestine is not recognized as a sovereign state. The U.S has also objected to the addition of Palestine to the Court for the same reason and warned that it would cut funding for the Palestinian authority. The Israeli government froze about $400 million in tax revenues collected by Israel on behalf of the Palestinian organization. Human Rights Watch called for governments who are penalizing Palestine for joining the Court to end their pressure. Human Rights Watch claims that it documented what it believed to be war crimes during the 2014 Gaza conflict which claimed 2,000 Palestinian lives as well as 73 Israeli. However, both sides had prevented meaningful justice for these incidents. Israel has launched investigations into the incidents in Gaza but the Palestinian authority has not announced an investigation of its own.

It remains to be seen whether the Court will chose to launch formal investigations into the Israeli- Palestinian conflict. The Court will be hesitant of being dragged into such a heavily politicized case. Furthermore, the ICC does not investigate cases that are already being looked into by other judicial institutions. The Court will not investigate these allegations if an Israeli judicial institution is investigating the case up to the standards if the International Criminal Court. Experts have stated that if the Court does open formal investigations they will not open them in an area that includes only Israel, they will want to look into both sides.

For more information, please see:

Al Jazeera — Palestine Formally Joins International Criminal Court — 1 April, 2015

BBC News — Palestinians Formally Join International Criminal Court — 1 April, 2015

The Huffington Post — Palestinians Join International Criminal Court, Risking Loss of U.S. Aid — 1 April, 2015

Reuters — Dilemma for Israel as Palestinians Join War Crimes Court — 31 March, 2015

By Kyle Herda

Impunity Watch Reporter, Europe

KIEV, Ukraine – As an international team of investigators continues to look into the cause of the MH17 crash, it appears that the focus has shifted to gathering and protecting witnesses who can support the theory that it was a Buk missile that took down the plane last summer. The Joint Investigative Team (“JIT”) is offering protection to any witnesses who are concerned about coming out for safety reasons.

A map of Ukraine that shows where into pro-Russian territory MH17 crashed. (Photo courtesy of Newsweek)

The JIT is currently “looking for witnesses who have seen Buk crew members or have more information about the identity of those involved in ordering and launching the Buk.” A Dutch report claims that the plane was downed by “high-velocity objects,” which other sources such as the JIT believe came from a Buk missile system. Intelligence appears to show such a system in the area moving prior to the plane going down, and so the investigation is currently focused on finding witnesses who can verify the involvement of this system, or perhaps help find those responsible and fill in some of the missing pieces to this story. It further appears that the Buk launcher crossed into Russia shortly after the plane was downed.

In the meantime, while the second Minsk cease-fire largely holds in Eastern Ukraine, both sides continue to commit minor violations. On Saturday, 22 Russian tanks crossed from the Russian town of Gukovo into Eastern Ukraine via Luhansk and towards Sverdlovsk. The Donetsk regional government also claims that Kiev violated the truce 13 times on Saturday. On Sunday, pro-Russian rebels fired 15 Grad missiles at Horlivka, and they claim to have received the 122mm Grad missiles from one of Russia’s “humanitarian convoys,” which are still arriving.

A survey by Ukrainian agency Interfax, which surveyed over 2,000 citizens in Donetsk and Luhansk, found 45% of residents did not have enough to eat. The United States is also stepping in to help by sending 35 paratroopers from the Army’s 173^rd Airborne Brigade, based in Vicenza, Italy, to train six Ukrainian National Guard companies over a two-month deployment. Britain has also sent 35 military personnel, along with non-lethal equipment, to train Ukrainians in Mykolaiv during a two-month deployment.

Meanwhile, while Russia continues to deny direct involvement in the Ukrainian fight, some Russians, such as Dmitry Sapozhnikov, claim to have left Russia to go to Ukraine to fight. Not only that, but Sapozhnikov claims that “all operations, especially large-scale ones, are led by Russian officers, by Russian generals… we fulfill the orders.” US Lt Gen Ben Hodges reports that nearly 12,000 Russian troops are currently operating inside Ukraine.

For more information, please see:

RT – MH17 probe looking for witnesses to back ‘Buk missile’ scenario – 31 March 2015

BBC – How Ukraine rebels rely on Russians – 31 March 2015

The Telegraph – Separatist fighter admits Russian tanks, troops ‘decisive in eastern Ukraine battles’ – 31 March 2015

Newsweek – U.S. Sending Army Paratroopers to Train Ukraine Forces – 31 March 2015

BBC – MH17 disaster: Appeal for Buk rocket witnesses – 30 March 2015

The Wall Street Journal – Dutch-Led Probe of MH17 Crash Says Buk Missile Launch is Primary Theory – 30 March 2015

Newsweek – Russian Tanks and Fighters Enter Eastern Ukraine, Says Kiev – 30 March 2015

Bloomberg – Ukraine Says Rebel Attacks Ebb as Tanks Said to Cross Border – 29 March 2015