Global Research – January 18, 2024
On Record: 2013 indictment against the state of Israel
on charges of war crimes, crimes against humanity, genocide
By Michel Chossudovsky
Of relevance to the crimes currently committed by the Netanyahu government against the People of Palestine, we bring to the attention of our readers the 2013 Judgment of the Kuala Lumpur War Crimes Tribunal, an initiative of former Prime Minister Tun Dr. Mahathir Mohamad, who headed the Kuala Lumpur War Crimes Commission (KLWCC). On a personal note, I was a signatory of the Kuala Lumpur Declaration to Criminalize War (2005) which led to the creation of the Kuala Lumpur War Crimes Commission (KLWCC) in 2007 of which I was a member. This Judgment is all the more significant in view of the current procedure of the International Criminal Court’s instigated by the Republic of South Africa against the State of Israel, on charges of genocide directed against the People of Palestine. Read it carefully, particularly the testimonies. Forward this text far and wide. In solidarity with the People of Palestine. —Michel Chossudovsky, January 18, 2024
Important Excerpt from the 2013 Judgment What Amounts to Genocide? Simply put, genocide means any designated acts committed with intent to destroy in whole or in part a national, ethnical, racial or religious group as such. The definition of genocide as given in Article 2 of the Tribunal’s Statute is taken verbatim from Articles 2 & 3 of the Convention on the Prevention and Punishment of the Crime of Genocide which states that the following acts may by themselves or cumulatively constitute the international crime of genocide:
1. Killing members of the group
2. Causing serious bodily or mental harm to members of the group
3. Deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part
4. Imposing measures intended to prevent births within the group
5. Forcibly transferring children of the group to another group The State of Israel was charged on 20 November 2013 with war crimes, crimes against humanity and genocide.
The procedure was initiated by the Kuala Lumpur War Crimes Commission under the helm of the former Prime Minister of Malaysia Tun Dr. Mahathir Mohamad. It was part of an initiative launched in December 2005 to Criminalize War. It involved detailed testimonies and evidence.
The Members of the Kuala Lumpur War Crimes Commission (KLWCC) are: Tun Dr. Mahathir Mohamad, chairman, Prof. Michel Chossudovsky, Mr. Denis Halliday, Mr. Musa Ismail, Dr. Zulaiha Ismail, Dr. Yaacob Merican, Dr. Hans von Sponeck.
This indictment is supported by extensive evidence and testimony. Read the following recommendations: As a tribunal of conscience, the Tribunal is fully aware that its verdict is merely declaratory in nature. We have no power of enforcement.
What we can do, under Article 34 of Chapter VIII of Part 2 of the Charter is to recommend to the Kuala Lumpur War Crimes Commission, WHICH WE HEREBY DO, to submit this finding of conviction by the Tribunal, together with a record of these proceedings, to the Chief Prosecutor of the International Criminal Court, as well as the United Nations and the Security Council.
The Tribunal recommends to the War Crimes Commission to give the widest international publicity to this conviction and grant of reparations, as these are universal crimes for which there is a responsibility upon nations to institute prosecutions.
The Tribunal deplores the failure of international institutions to punish the State of Israel for its crimes and its total lack of respect of International Law and the institutions of the United Nations. It urges the Commission to use all means to publicise this judgment and in particular with respect to the Parliaments and Legislative Assemblies of the major powers such as members of the G8 and to urge these countries to intervene and put an end to the colonialist and racist policies of the State of Israel and its supporters. Below is the full text of the procedure as well as the formal indictment against Amos Yaron and the State of Israel.
https://mail.google.com/mail/u/0/#inbox/FMfcgzGwJmJxqQCmCBSTQpLKMmFkffTr
Global Research, July 02, 2020
2013 Judgment of the Kuala Lumpur War Crimes Tribunal
on Israeli genocide of Palestinians
By Kuala Lumpur War Crimes Tribunal and Prof Michel Chossudovsky
Israel is currently in the process of implementing the illegal annexation of Palestinian lands. The issue of “illegality” must be put in context. We are dealing with a broader issue: Crimes against Humanity and Genocide against the People of Palestine.
Annexation is a crime against Humanity.
And the Western governments which support Israel’s actions or turn a blind eye are complicit. Donald Trump has given the Green Light to Netanyahu. Trump is responsible for supporting and endorsing an illegal and criminal undertaking.
In 2013, under the helm of the former Prime Minister of Malaysia Tun Dr. Mahathir Mohamad, the Kuala Lumpur War Crimes Tribunal (KLWCT) passed a historic judgment against the State of Israel.
Extensive evidence and testimonies were submitted. The State of Israel was found “guilty of crimes against humanity and genocide.”
At this juncture (following recent statements of Tun Mahathir regarding the illegal Annexation of the West Bank), it is important that the evidence of Genocide and Crimes against Humanity be fully acknowledged. The Annexation Project should be abandoned. And reparations should be implemented.
***
The proceedings directed against the State of Israel were led by the Kuala Lumpur War Crimes Commission.
The Kuala Lumpur War Crimes Commission (KLWCC) against the State of Israel
Members of the Kuala Lumpur War Crimes Commission (KLWCC) are: Tun Dr. Mahathir Mohamad (Chairman), Prof. Michel Chossudovsky, Dr. Denis Halliday, Mr. Musa Ismail, Dr. Zulaiha Ismail, Dr. Yaacob Merican, Dr. Hans von Sponeck.
Working in liaison with their Malaysian counterparts, Commissioners Dr. Denis Halliday, former Assistant Secretary General of the United Nations and Prof. Michel Chossudovsky, Director of the Centre for Research on Globalization (CRG) were present in Kuala Lumpur throughout the proceedings.
his important judicial process has received very little coverage in the Western media.
Global Research will be publishing several reports following this historic judgment against the State of Israel.
Indictment against the State of Israel on Charges of War Crimes, Crimes against Humanity, Genocide
Michel Chossudovsky, Member of the Kuala Lumpur War Crimes Commission (KLWCC) November 25, 2013, revised July 2nd, 2020
Text of the November 2013 Judgment against the State of Israel
KUALA LUMPUR: The Kuala Lumpur War Crimes Tribunal (KLWCT) today found former Israeli army general Amos Yaron and the State of Israel guilty of crimes against humanity and genocide stemming from the massacre of Palestinians in Beirut’s Sabra and Shatila refugee camps in 1982.
KLWCT president Tan Sri Lamin Mohd Yunus, who headed a seven-member panel, said the tribunal was satisfied beyond reasonable doubt that both the defendants were guilty as charged.
The other judges were Tunku Sofiah Jewa, Prof Salleh Buang, Prof Emeritus Datuk Dr Shad Saleem Faruqi, Datuk Saari Yusof, John Philpot and Tunku Intan Mainura.
Reading out the judgment for almost three hours, Lamin said the tribunal ordered that reparations commensurate with the irreparable harm and injury, pain and suffering undergone by the complainant, war crime victims be paid to them.
“While it’s constantly mindful of its stature as merely a tribunal of conscience with no real power or enforcement, this tribunal finds that witnesses in this case are entitled ex justitia to the payment or reparations by the two convicted parties,” he said.
Lamin said it was hoped that armed with the tribunal’s findings, the witnesses who were also the victims in the case, would, in the near future, find a state or an international judicial entity able and willing to exercise jurisdiction to enforce the tribunal’s verdict against the two convicted parties.
The tribunal also ordered that its award of reparations should be submitted to the War Crimes Commission to faciliate the determination and collection of reparations by the complainant war crime victims.
Lamin noted that the tribunal was fully aware that its verdict was merely declaratory in nature and had no power of enforcement.
“What we can do…is to recommend to the KLWCT to submit this finding of conviction by the tribunal, together with the record of these proceedings, to the chief prosecutor of the International Criminal Court, as well as the United Nations (UN) and the UN Security Council,” said the judge.
He also said the tribunal recommended that the names of the two convicted parties be entered and included in the commissions’s Registry of War Criminals and be publicised, accordingly.
Yaron was charged over his direct involvement in his capacity as the commanding general in the Sabra and Shatila massacre. This was the first time that Yaron had been charged for war crimes.
The second charge was against the state of Israel for the crime of genocide and war crimes on the Palestinians.
The charges were the result of complaints received by KLWCT from victims from Palestine (Gaza and West Bank) and the Sabra and Shatila refugee camps in Lebanon last year.
During the six-day trial, the tribunal heard 11 prosecution witnesses, including Palestinians from both Muslim and Christian descent, as well as Malaysian surgeon Dr Ang Swee Chai who served at the camp at the time of the massacre.
Six of the witnesses testified at the KLWCT while the other five gave evidence through Skype.
Lead prosecutor Prof Gurdial S. Nijar described the verdict as “significant” as this marked the first time that the Israel state had been found guilty of genocide.
He said today’s judgment would be submitted to the chief prosecutor of the International Criminal Court, UN and the UN Security Council for further action.
He added that the judgment would also be publicised and circulated to governments worldwide to allow all states to exercise their jurisdiction on genocide. —
The original source of this article is Global Research
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