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A group of Norwegian
lawyers has submitted a complaint to The National Authority for
Prosecution of Organised and Other Serious Crime.
The complaint is
submitted pursuant to the Norwegian Penal Code Articles 102 to
109 and concerns crimes of war and gross violation of
international humanitarian law and is directed against Israel’s
attack on Gaza in the period from 27th December 2008
till 25th January 2009.
The offences in question
relates to:
-
killing of civilians and other inhuman acts that cause
extraordinary suffering,
-
massive destruction of private and public property for the
purpose of terror,
-
targeted attacks on hospitals, health institutions, ambulances
and other vehicles that are entitled to
protection and on personnel serving such entities,
-
massive terror attacks primarily directed against the people of
Gaza,
- illegal use of weapons against
civilian targets, hereunder white phosphor, DIME -weapons and
flechette grenades.
The complaint is made against the following
subjects:
Former Prime Minister
Ehud Olmert
Former Minister of
Foreign affairs Tzipi Livni
Former Minister of
Defence Ehud Barak
Chief of General Staff
Lieutenant General Gabi Ashkenazi
Commander of the IDF
Army Headquarter Major General Avi Mizrahi
Commander of the Israel
Navy Admiral Eliezer Marom
Commander of the Israel
Air Force Major General Ido Nehoshtan
GOC Southern Command
Major General Yoav Galant
Commander of the Givati
brigade Colonel Ilan Malka
Commander of the Golani
brigade Colonel Avi Peled
The subjects of this complaint represented
the top leadership during the attack on
Gaza and thereby those ultimately responsible
for Israel’s acts of war. The three first
mentioned are also members of Israel’s “War
Cabinet”. There can be no doubt that these
subjects knew about, ordered or approved the
actions in Gaza and that they had considered the
consequences of these actions. Under any
circumstances, they failed to stop the contravention
when they became aware of them, despite being
able to do so.
Israel’s declared
purpose by the actions in Gaza was to provide a collective
punishment to the people in Gaza, for the purpose of hitting
Hamas. This was clearly stated by Israel’s military leaders,
prior to and during the course of the actions. The statements
from the military leaders were supported on the highest
political authority, inasmuch as President Shimon Peres, on 14th
January 2009, stated that: “Our aim was to provide a strong
blow to the people of Gaza, so that they lose their appetite to
continue to shoot at us. That’s it.”
It is therefore our
clear opinion that the contraventions contained in this
complaint have been performed intentinally. Under any
circumstances, it is clear that Israel, during the course of the
actions have contravened basic regulations of international law,
pertaining to warfare, hereunder the duty to discriminate
between military and civil targets. It is also obvious that, to
the extent Israel has engaged military targets, the civil
damages are of such a magnitude that they cannot be defended by
the military advantages gained.
During the course of
Israel’s attack, more that 1.434 Palestinians were killed. Among
these around 90% were civilians whereof close to 288 were
children while 121 were women. In any case, it is expected that
these figures will increase further, since bodies are still
being excavated from the ruins. Moreover, many of the most
severely wounded are dying subsequently. In addition to the
dead, more that 5,300 Palestinians were physically injured, of
which 1,872 children and 800 women. Many of the injuries are of
extreme nature and the doctors assume this is due to the use of
white phosphorus and DIME weapons in densely populated areas.
Approximately 10,000 Palestinians have been driven from their
homes in consequence of the attack.
The material damage in
Gaza is very extensive, in that systematic attacks were directed
against all sections of the Gaza community, including private
homes, civilian administration buildings, business, agriculture,
health institutions, cultural institutions, schools, day-care
centres, NGO entities and infrastructure such as communications,
energy supplies, water and sewage systems. In all, 15,550
private dwellings, 36 buildings for public administration, 268
day-care centres, schools and university buildings plus 52
mosques were damaged or totally destroyed. Agriculture, and
thereby food production for Gaza’s population, was particularly
badly hit through extensive destruction of cultivatable land,
irrigation systems and through the killing of 35,750 cattle,
sheep and goats plus over one million poultry. In all 701
industrial companies were wholly or partially destroyed. The
ecological damage from the attack is also considerable.
It is requested that the
subjects of this complaint be arrested, should they come to
Norway, alternatively that they be searched for and arrested
through the international police collaboration in which Norway
participates. Moreover, it is requested that they be indicted
and punished. Norway has both a duty and a right to see to it
that such prosecution be made.
This follows from the
Norwegian Penal code, seen in conjunction with humanitarian
obligations Norway are committed to, among them the Geneva
Convention of 1949, with additional Protocols from 1977, and the
Rome Statutes of 1998 for the International Criminal Court
(ICC).
Hereto comes that
Norway, due to its long lasting engagement in the Middle-East,
by way of supply of UN soldiers, mediation for peace and now by
way of holding the chairmanship of the international donor group
for Palestine, has a particular incentive to prosecute massive
war crimes against innocent civilians in the region. In
addition, through its recent history, Norway is not unfamiliar
to invasion, oppression and crimes of war.
We are also representing
several individuals, living in Norway, who may be regarded as
victims within the meaning of the Penal Code, in that they have
lost close family and assets in connection with the
contraventions covered by this complaint. These victims accede
to the proceedings and will claim damage in the event of
prosecution.
Oslo 22nd
April 2009
Attorneys Loai Deeb, Pål Hadler, Bent
Endresen, Geir Høin, Harald Stabell og Kjell M. Brygfjeld
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