Anatolia
The Israeli lawyer, Omar Shatz, who is legally pursuing Israeli figures on charges of inciting genocide in Gaza, said that extermination is not limited to direct killing, including starvation, preventing humanitarian aid, bombing hospitals and vital facilities, and making life impossible.
Shatz, a member of the teaching staff at the University of “Sance Bou” in Paris, has analyzed with his students, speeches of politicians and Israeli public figures, and concluded that it falls within the framework of “incitement to genocide”.
As a result, on December 6, 2024, an official complaint filed an official complaint with the International Criminal Court against 6 Israeli officials and two citizens holding Israeli citizenship, accusing them of inciting the genocide in Gaza.
In an interview with Anatolia, Chans explained that they prepared this complaint based on an academic research they conducted within the framework of a master’s program in law, human rights and humanitarian work at the University of “Seans Bo”.
He pointed out that since October 2023, he conducted with his students a study of speeches of politicians and Israeli public figures, and that in these letters he found evidence that it contains elements that fall within the “incitement to genocide”.
A legal road based on solid foundations
Shatz explained that many lawyers consider proving the crime of genocide as a complex and difficult, which prompted him to follow another more clear legal approach based on solid legal principles.
There is a common belief, according to the lawyer, that the statute of the International Criminal Court includes 4 types of crimes: war crimes, crimes against humanity, aggression crimes, and genocide.
But what is not much known is that there is a fifth independent crime, which is “incitement to genocide”, which can be proven without the need to prove the crime of extermination itself, “according to the lawyer.
Shatz explained that they first defined the crime of “inciting genocide” according to the legal elements mentioned in the articles of association of Rome.
Then they conducted a comparative study on the criteria of evidence approved by the International Court of Justice in The Hague regarding the case against Israel.
Chatez pointed out that they concluded that the Attorney General of the International Criminal Court, Karim Khan, is obligated to open an investigation against these 8 Israelis according to these criteria.
He added that the statute of the International Criminal Court, confirms that the public prosecutor Karim Khan cannot ignore what is happening in the International Court of Justice.
At the end of December 2023, South Africa filed a comprehensive lawsuit filed to the International Court of Justice, accusing Tel Aviv of “committing genocide crimes” in the Gaza Strip, and later countries, including Turkey, Nicaragua and Colombia, submitted requests to join the case.
Shatz indicated that the International Criminalism approved on January 26, 2024, that there was a potential danger to genocide in Gaza, and Israel also demanded that those involved in inciting genocide be held accountable.
Chatez confirmed that the Israeli public prosecutor, Esman, refused to open an investigation into the crime of incitement to genocide, ignoring the decision of the International Criminal Court,
And “according to the principle of judicial integration, if the national authorities do not fulfill their duty to prosecute, the International Criminal Court becomes automatically the jurisdiction in the case,” according to Chatez.
Shatz stressed that the results of their research prove that Khan is obligated to include the crime of “inciting genocide” in the case file, regardless of his point of view about the genocide itself.
He said that this crime is independent of the crime of genocide, and it can be committed without the need to actually prove the occurrence of genocide.
Shatz explained that the complaint he submitted to the International Criminal Court includes both Israeli Defense Minister Yoav Gallant, President Isaac Herzog, alongside Prime Minister Benjamin Netanyahu, the current Minister of Defense Yisrael Katz, the far -right finance minister in Salamil Smotrich, and the leader of the right -wing “Jewish Power” party, Etamar bin Ghafir.
He added: “Later, we have included two other people who do not occupy official positions in the state, but today they are known that they are influential daily on television screens, express their opinions, and have a great influence on society, as well as transferring them with inflammatory messages”, without mentioning their names.
For them, all the residents of Gaza are criminals
Shatz indicated that the investigation also included an analysis of the reactions of the Israeli soldiers in Gaza towards inflammatory letters.
He pointed out that one of the aforementioned personalities called for the killing of five thousand Palestinians, including civilians, while another called for “completely clearing the north of Gaza.”
He added: “The common denominator between these 8 is a lack of distinction between civilians and fighters, for them, all Gaza residents are criminals. They do not hesitate to launch calls to kill women and children and destroy the entire Palestinian people.”
Shatz also stressed that the concept of “genocide” is not limited to mass killing, but can be done in various ways.
And this explained by saying: “The commission of the crime of genocide can take place through a different path, including starving the population, preventing the arrival of humanitarian aid, bombing cultural facilities, universities and hospitals, and making life impossible.”
Chatez stressed that the incitement crimes of genocide must be held accountable to prevent the extermination before it happens.
He concluded that the International Criminal Court is obligated to issue arrest orders, even if the defendants are citizens of non -members of the Rome Basic System (founder of the International Criminal Court).
The International Criminal Court issued two arrest warrants against Netanyahu and Gallant on charges of war crimes and against humanity in the Palestinian territories.
Israel rejects any authority to the International Criminal Court in the occupied Palestinian territories, but the court confirms that it has legal authority, and that Israel’s acceptance of the court’s jurisdiction is unnecessary.
In its decision, the court pointed out that the war crimes attributed to Netanyahu, and Galant, include the use of starvation, a war weapon, and also includes crimes against humanity, which are murder, persecution and other inhumane acts.
Netanyahu was counting that the pressure of US President Donald Trump on the court would force her to withdraw the arrest warrant, which did not happen, despite the great pressure on the court and its judges.
Israel has committed absolute American support since October 7, 2023 genocide in Gaza, which left more than 163,000 martyrs and wounded Palestinians, most of them children and women, and more than 14,000 missing, amid massive destruction.
For the 18th year, Israel is besieging Gaza, and about 1.5 million of its citizens, who numbered about 2.4 million Palestinians, are homeless after the extermination war destroyed their homes, and the sector entered the first stages of starvation; As a result of the closure of Tel Aviv crossings in the face of humanitarian aid.
