By P.S. Sahni & Shobha Aggarwal
The Zionist state of Israel; Imperialist America; erstwhile colonial rulers UK, France; and former Nazi Germany are collectively responsible for the ongoing 24×7 slaughtering of children in Gaza Strip in full view of the public; TV channels; international aid agencies – UN, UNICEF, WHO.
These five heads of states have been seen near the site of the crime Gaza-Israel territories post October 7 assault and four of them have provided arms and ammunition to Israel as a part of the plan viz final solution for the Palestinians. All of these butchers are history-sheeters as their track record of the past few centuries would reveal. The sheer audacity of these butchers turning a deaf ear to the collective voice of the UN and the international community demanding a ceasefire; lifting of siege; and a permanent solution to the Palestine-Israel dispute lead to the following conclusions:
- The heads of these five butcher states masquerading around as elected representatives of western democracies – should be examined by an independent panel of medical experts including psychiatrists regarding their state of mental health and their ability to take correct, just and balanced decisions affecting humanity.In the interest of justice & fair-play they should be offered institutional treatment. It is obvious they would not voluntarily come for examination or treatment.
- If these five heads of the states are found to be medically fit, they deserve to be facing Nuremberg-II trials now or even 100 years later. There is no limitation prescribed to try crimes of genocide, war crimes and crimes against humanity in international laws.
True the power these butcher states enjoy presently comes to their rescue; but power equations change with time and cases could be pursued even a century later. Article 1 of the “Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity” adopted by the United Nations General Assembly resolution 2391 (XXIII) of 26 November 1968 states:
“No statutory limitation shall apply to the following crimes, irrespective of the date of their commission:
(a) War crimes as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, particularly the “grave breaches” enumerated in the Geneva Conventions of 12 August 1949 for the protection of war victims;
(b) Crimes against humanity whether committed in time of war or in time of peace as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, even if such acts do not constitute a violation of the domestic law of the country in which they were committed.”
The International Criminal Court (ICC) set up in this century has jurisdiction over the most serious crimes of concern to the international community as a whole, namely genocide, crimes against humanity and war crimes, when committed after 1 July 2002. Article 5 of the Rome Statute of the International Criminal Court states:
“Crimes within the jurisdiction of the Court
The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.”
Further Article 29 of the Rome Statute states:
“Non-applicability of statute of limitations
The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.”
Media reports indicate that the ICC has begun investigating war crimes perpetrated in the Gaza Strip by Israel since 7 October 2023. The UK, France and Germany have ratified the Rome Statute. The ICC recognised Palestine as its member in 2015. Even though the USA and Israel are signatories to the Rome Statute they have not ratified it yet! Anyways an International Criminal Tribunal on the lines of the ‘International Criminal Tribunal for Rwanda’ and the ‘International Criminal Tribunal for the former Yugoslavia’ can be established.
[P.S. Sahni is a qualified orthopaedic surgeon.
Shobha Aggarwal is an independent legal researcher and lawyer.
10 November 2023