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EXCLUSIVE: ICC seeks arrest warrants against Sinwar and Netanyahu for war crimes over October 7 attack and Gaza war | CNN (edition.cnn.com)

submitted 6 months ago by solo@slrpnk.net to c/world@lemmy.world

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[-] FlowVoid@lemmy.world 9 points 6 months ago* (last edited 6 months ago)

I agree, and I found it interesting that Israeli leaders were not accused of genocide or anything to do with their bombing campaign. Instead, it was the specific war crime of causing starvation due to their interference with humanitarian aid and food delivery. Kind of provides additional context for the US decision to build a floating pier off the Gaza coast.

[-] Carrolade@lemmy.world 28 points 6 months ago

It's much easier to say that an intentional blockade of food is leading to starvation, and that is a clear war crime. Very simple argument, easier to prove.

Talking about a bombing campaign is more difficult when soldiers are mixed in with the civilians. We may be able to point at the situation and say "that's clearly fucked up", but courts don't work that way. They have to acknowledge that in a war, the army is allowed to destroy the combatants of the enemy. A certain amount of collateral damage in the form of innocent lives lost is allowed by international law. This makes it all much murkier and more difficult to prove what is or is not a genuine war crime. They can't wing it, or guess, or go by what it "looks like", they have to prove it, which again, is difficult.

Starvation and depriving food aid though, very easy to prove.

[-] MeThisGuy@feddit.nl 2 points 6 months ago

yeh but in today's age of videos and drones everywhere it should be fairly easy to prove.
before all the AI video lets loose anyways

[-] Maggoty@lemmy.world 3 points 6 months ago

That is Genocide, the UN tries not to use the general term whenever possible, and instead use the specific method of genocide. That way it's a lot harder to No True Scotsman the issue. but If I remember correctly they also charged Extinction and Murder. Then in the supporting documents they talk about systematic bombing and creation of a famine.

[-] FlowVoid@lemmy.world 2 points 6 months ago* (last edited 6 months ago)

No, genocide is an Article 6 charge. The ICC is perfectly willing to use that term, and in fact has explicitly charged Omar al Bashir with genocide under Article 6.

In contrast, Netanyahu and Hamas leaders are accused under Articles 7 and 8. These articles respectively cover "Crimes against humanity" and "War crimes", but they do not include genocide.

Both Netanyahu and Hamas leaders are accused of "crimes against humanity of murder and extermination" under Article 7.

Netanyahu is also accused of "intentionally using starvation of civilians" under Article 8, whereas Hamas leaders are also accused of "rape and other forms of sexual violence" under Article 8.

There are currently no charges based on the Israeli bombing campaign, but the ICC says this is "actively being investigated."

this post was submitted on 20 May 2024

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