Dr. Alshafie Bashir is Preparing a Legal Paper to Pursue Zionists Internationally

Ikhwanweb has obtained a legal paper prepared by Dr. Alshafie Bashir, Professor of International Law at the University of Mansoura, in which he explains ways of bringing up the liability of the Zionist entity for the crimes it committed in Gaza. It pointed out to several ways in which this topic can be raised regarding the crimes against Palestinians by the Zionist entity, which began last December 27th. 

The methods included resorting to the Prosecutor of the International Criminal Tribunal for the documentation and recording of such crimes immediately to start investigations according to Articles 13 and 15 of the Statute of the International Criminal Court. 

According to the paper there are two possibilities:

First: For a state party to the Statute to transmit this case to the Prosecutor to investigate the allegations to the Zionists, however since the Zionist entity is not a party to the statute of the Tribunal, it is necessary to agree and approve to the Prosecutor”s request. 

Second: in case the Zionist entity rejected, the court wouldn’t be able to proceed without a decision from the Security Council, according to chapter VII of the Charter and here a problem of using the veto by the  United States would arise.

The methods also included, as reported in the paper, the applications of Articles 146,147 and 149 of the Fourth Geneva Convention of 1949 and the Protocol of 1977 to demand the trial of the Zionist war criminals before the courts of the states parties to the Convention once any Zionist official accused of committing war crimes enter to it, as the legislation of the state enables the process of the trial, which is a method used by INGOs concerned with Human Rights, as well as victims of Zionist war crimes. 

In addition to the possibility of applying Article IX of the Genocide Convention ratified on 09/12/1948, by brining this matter before the ICJ by one of the states parties to investigate the depth of the Zionist entity”s violation of the Convention by blockading Gaza Strip and depriving the Palestinians of the necessities of life, then tightening the blockade by military aggression which began last December 27th and continued for three weeks with violent air, see and land attacks and exterminated random civilians, especially children, women and men, as was shown by world media. 

As well as the method of informing the United Nations Human Rights Council in Geneva about the crimes of Zionism and requesting the formation of fact-finding commissions to move to Gaza for the recording of the facts on the ground and to listen to victims testimonies and evaluating the extent of destruction of houses, schools, hospitals, mosques and public buildings of the civil society. All of that is considered as crimes against humanity, crimes of war and genocide, which requires submitting the report to the Council to condemn the entity and urging the General Assembly and Security Council to play their roles to face such crimes.  

In addition to call the Secretary General of the UN to submit the crimes of Zionism to the General Assembly and Security Council, and their stark violation of the Geneva Convention 1949 in particular, by attacking the headquarters of the United Nations, Red Cross and Red Crescent in addition to randomly bombing the houses, children, women and men, killing thousands and using internationally prohibited weapons. 

Dr. Bashir added, in his paper, that this coincides with sending reports to the High Commissioner for Human Rights in Geneva to move personally to Gaza Strip to inspect the devastation and destruction, meeting victims and listening to the medical reports of doctors on the use of internationally prohibited weapons and submitting a report on emergency session of the General Assembly of the UN as well as submitting reports to INGOs concerned with human rights, such as Amnesty International in London, Human Rights Watch in New York to exercise their known activities in raising the issue of Zionist criminal war”s liability, using its various means.