COMMISSION ARABE DES DROITS HUMAINS

Arab Commission for Human Rights
5, rue Gambetta
92240-Malakoff- France
Tel 0033140921588 Fax 0033146541913

e. mail achr@noos.fr

International NGO in special Consultative Status with the Economic and Social Council of the United Nations

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عربي

2009-04-24

Oslo II: against impunity

 

News agencies, news websites

Dr. Haytham Manna, the general coordinator of the International Coalition against War Criminals, on Friday April, 24th 2009 declared that the threat messages sent to Norwegian lawyers who filed the first national lawsuit according to universal jurisdiction constitute a state of intellectual political and judicial bankruptcy for those defending the Hebrew State.

"They can do nothing but threats. A judicial file should be faced with a judicial file and evidence should be faced with "débat contradictoire" including evidence, and legal pleading and reference. They should prepare international law experts and human rights defenders instead of fueling up Mossad agents and false propaganda services", said Manna who has returned yesterday from Oslo after taking part in filing the lawsuit in the name of the ICAWC.

"The Norwegian lawyers in the international coalition have done a great job: held weekly meetings during the past four months, searched for evidential data, did documentation with Palestinians in 1948 occupied Palestinian territories, took part in all activities of the coalition in Geneva, France, Belgium, took part in the lawsuit filed before the International Criminal Court and formed an official branch for the coalition in Norway giving an example in dynamic nonstop work. The presence of a lawyer of Palestinian origin, Loai Deeb, facilitated their contacts and a top figure like Mads Gilbert, who witnessed the aggression and was one of the most prominent workers operating under the aggression, added so much to the credibility of the coalition in Scandinavian countries. Al Dameer Human Rights Organization, Al-Mezan Human Rights Centre and the coalition's fact-finding mission played a significant role in the powers of attorney and consolidating evidence".

For his part, lawyer Kjell M. Brygfjeld commented on the threats saying:" The issue isn't about whom is supporting or opposing us. Such methods will only increase our conviction that our attitude is right. The issue is in which camp the one is standing: in the camp of criminals or the camp of justice?”

The Norwegian National Prosecution Office announced plans for hearing the lawsuit filed against 11 Israeli officials on charges of committing war crimes in the latest Israeli aggression on Gaza Strip, an aggression that left thousands martyred and injured while the Israeli army issued a statement in which he dismissed these charges. The Israeli embassy in Oslo declined to issue any statement.

Siri Frigaard, the general prosecutor at the Norwegian National Authority for Prosecution of Organised and Other Serious Crime, said in a press statement that she received the lawsuit filed against the Israeli officials, pointing out that the office will study the legal foundations of the charges before asking the police to investigate them. She ruled out reaching a final decision this week.

Frigaard's statement came after attorneys-at-law Bent Endresen, Geir Høin, Pål Hadler, Harald Stabell, Loai Deeb and Kjell M. Brygfjeld filed a lawsuit against Former prime minister of Israel, Ehud Olmert, Former foreign minister of Israel, Tzipi Livni, and current defence minister of Israel, Ehud Barak, in addition to other 7 military commanders, on charge of committing war crimes against the Palestinian people in the latest aggression on Gaza Strip.

In a official statement issued on Wednesday April, 22nd, 2009, the Norwegian lawyers said that Olmert, Livni and Barak are sharing legal responsibility for " large-scale terrorist attacks directly and mainly targeting Gaza resident".

The statement also pointed out that the lawsuit includes also killing civilians, destroying property, using internationally banned weapons and targeting protected facilities like hospitals. It pointed out that the Israeli commanders were informed in advance, approved the operations carried out in Gaza and knew in advance the consequences of this", clearly indicating this crimes lives up to a premeditated crime.

 

One of the attorneys who filed the complaint, Bent Endresen, was quoted by Associated Press by telephone as saying:" There was a legal change that now gives a universal jurisdiction for such war crimes. He said a Norwegian law that went into effect last year allows foreigners to face charges in Norway for war crimes, genocide and crimes against humanity committed anywhere in the world.

Norway's Foreign Ministry said the complaint was a matter for the legal system and not the government.

For its part, Israeli army on Wednesday issued a statement in which it defended its behavior during the war, dismissing charges of committing international law violations.

The statement came at the end of five internal probes that concluded that the Israeli army "maintained a high professional and moral level while facing an enemy that aimed to terrorize Israeli civilians whilst taking cover amidst uninvolved civilians in the Gaza strip and using them as human shields."

Human Rights Watch on Thursday responded to Israeli allegations. "The Israeli military's findings about the conduct of its forces in Gaza , announced on April 22, lack credibility and confirm the need for an impartial international inquiry into alleged violations by both Israel and Hamas," Human Rights Watch said in a statement issued Thursday. HRW called on both Israel and Hamas to cooperate with the expected United Nations probe into the war crime allegations, and urged the sides to work with South African Justice Richard Goldstone, who was appointed by the UN Human Rights Council to lead the inquiry.

 

A group of ten Israeli human rights organizations said that the findings reached by internal military probes are "problematic", requiring a mainly independent probe into the allegations against the army.

As for the Palestinian human rights organizations, they saw the Israeli statement as a "red herring" and an attempt to change the policy of systematic rejection to holding a probe due to international pressures and more grave systematic violations and crimes revealed every day.

 

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