Zio-Nazi Decisions to Close al-Dalu and al-Shawwa Cases Makes Mockery of Victims’ Rights and International Law

NOVANEWS

The Palestinian Centre for Human Rights (PCHR) unreservedly condemns the decisions made by the Military Prosecutor of Operational Affairs to close the cases of the al-Dalu and al-Shawwa families without initiating prosecutions.

On 11 April 2013, PCHR received two responses from the Military Prosecutor of Operational Affairs stating that neither allegations of criminal violations nor violations of the law of war by a military body were found in the cases of al-Dalu and al-Shawwa.

The attack on the al-Dalu family took place on 18 November 2012, when an Israeli warplane bombed a civilian house belonging to the al-Dalu family, in al-Nasser neighborhood.  12 civilians were killed in the attack, including five children, five women and two young men, from the al-Dalu and al-Muzannar families. Six others in the neighboring houses were wounded.

In the attack on the al-Shawwa family that happened on 20 November 2012, an Israeli warplane targeted an apartment belonging to the family of Basel Mortada Sa’id al-Shawwa, on Baghdad street in al-Shuja’iya neighborhood, in eastern Gaza City.  The attack resulted in the killing of four civilians, the woundeing of six passers-by who were in front of the apartment, and the complete destruction of the targeted apartment.

These two incidents were among the serious attacks carried out during the latest Israeli offensive on the Gaza Strip, which took place from 14 to 21 November 2012.  PCHR had filed criminal and civil complaints and provided a significant amount of evidence to the Israeli authorities regarding both incidents.

The Military Prosecutor’s claim underlines the flaws inherent in the Israeli investigative system, as was clearly illustrated by the lack of criminal investigations following Operation Cast Lead.  PCHR received two negative replies from the Israeli Military Prosecutor to 490 criminal complaints filed by PCHR on behalf of 1046 victims in Operation Cast Lead.  One responses related to the closing of investigations into the al-Samouni case. The complaint in the al- Samouni case concerns the killing of 21 civilians, the wounding of 19 others, and the destruction of a house. The other investigation that was closed by the Military Prosecutor related to the looting of a house belonging to Elayan Khdeir. This has been documented in detail elsewhere, and endorsed by the UN Committee of Experts in its findings regarding investigations into attacks carried out furing Operation Cast Lead. Simply put, this system comprehensively fails to meet international standards.

Given the flaws inherent in this system – which until more than five months after the latest Israeli offensive has failed to result in a single war crimes indictment – PCHR believes that Israel’s legal system is used as a smokescreen, to provide an illusion of investigative rigor, while in fact providing systematic cover for widespread violations of international law.

The decision to close the al-Dalu and al-Shawwa cases clearly indicates Israel’s genuine unwillingness to uphold the rule of international law, and highlights the urgent need for recourse to mechanisms of international criminal justice.

PCHR notes that Israel has put numerous obstacles in place to obstruct victims’ pursuit of justice with respect to both criminal and civil complaints. These include, but are not limited to: the denial of physical access to courts for victims, witnesses and lawyers; denial of visitation between victims and their lawyers; and prohibitive court guarantees. Nonetheless, victims and their representatives place their faith in the rule of international law, believing firmly that justice must prevail.

These two decisions – demonstrative of Israel’s longstanding treatment of Palestinian victims – illustrates the State’s systematic violation of its international legal obligations, and constitutes official endorsement of military operations which include – apparently as a matter of course – the commission of war crimes.

PCHR notes that this reality, which makes a mockery of international law, would be impossible without the total political and legal immunity extended to Israel by the international community.

It is clear that recourse must be had to mechanisms of international criminal justice, including through the exercise of universal jurisdiction.

PCHR calls upon the Palestinian authorities to immediately ratify the Rome Statute of the International Criminal Court.

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