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REQUEST TO FILE CHARGES IN SOUTH
AFRICA AGAINST SUSPECTS ACCUSED OF WAR CRIMES & CRIMES AGAINST
HUMANITY DURING ISRAEL'S OPERATION CAST LEAD
STATEMENT BY RONNIE KASRILS: SOUTH AFRICA'S FORMER
MINISTER OF INTELLIGENCE
I would like to extend my
gratitude to the distinguished members of the press and others
present here today.
Our presentation at this press conference symbolizes an important
milestone in pursuit of human rights and humanitarian law. It also
highlights the leading role that South Africa may play in ensuring
that individuals guilty of international crimes are not able to act
with impunity.
The request to file charges of war crimes and crimes against
humanity against Israeli and other suspects arising from Israel’s
practices reflects similar initiatives taking place elsewhere in the
world such as in Britain, Spain, France, New Zealand, Morocco and
Belgium. The governments of Bolivia and Venezuela are preparing
their own cases and in this context, it is important that South
Africa, with its experience of apartheid criminality, should afford
this issue immediate attention.
A joint request was made on Monday this week to the National
Director of Public Prosecutions and the Directorate for Priority
Crimes Investigation and six organs of state including the Office of
the State President, the Ministry of Police, the Ministry of
International Relations and Cooperation, the Ministry of Justice and
Constitutional Development, the Office of the Director General in
the Ministry of Justice and Constitutional Development, the Ministry
of Safety and Security, and the Office of the Commissioner of
Police.
The request appeals to the authorities to investigate and if
appropriate, prosecute in South Africa individuals involved in war
crimes and crimes against humanity during Israel’s Operation Cast
Lead.
The request is supported by overwhelming evidence, including reports
from internationally respected organisations like Human Rights
Watch, and affidavits in excess of 3500 pages to seek the
investigation of perpetrators of war crimes and crimes against
humanity during the December-January 2008/9 brutal military
onslaught on Gaza by the Israeli Defence Force. This followed an
18-month siege and blockade which saw an occupied population
experience starvation, deprivation, displacement and ongoing trauma
on a horrendous scale that has shocked humanity.
The Gaza onslaught resulted in the deaths of 1400 Palestinians, the
majority of whom were civilians. Of these approximately 40 % were
women and children. More than 5400 Palestinians were seriously
injured, many with the most horrific wounds, burns and amputations
and countless others are psychologically, physically and mentally
traumatised. This is in comparison to 10 Israeli soldiers killed
(four by own fire and 2 Israeli citizens).
These acts of barbarity did not spare the innocent lives of a
besieged occupied people. It is common knowledge that Israel
attacked and destroyed schools, places of worship (mosques),
shelters, hospitals and United Nations installations, such as the
UNWRA school and relief aid warehouses. Israel’s offensive destroyed
about 22,000 buildings and is estimated to have caused 1.9-billion
US dollars worth of destruction. The actions are abhorrent and
profoundly in breach of international humanitarian law and
constitute evidence of international crimes.
The Israeli attack and bombardment of Gaza has been extensively
documented and horrific scenes of death, injury and destruction of
the civilian population were televised to the world. Evidence
collected from eye-witnesses and those injured as well as United
Nations and other investigative reports, including the testimony of
Israeli combat soldiers and physicians (including South Africans)
provide compelling proof that suggests Israelis have committed war
crimes and crimes against humanity. Israel's refusal to allow access
to the United Nations investigative team under the leadership of
former South African Justice of the Constitutional Court, Richard
Goldstone, constitutes further proof of their intention to conceal
their crimes.
The request has been brought by two South African non-governmental
organisations, the Palestinian Solidarity Alliance and the Media
Review Network. It incorporates intensive research and evidence
collated over the last few months. The request covers three key
areas:
1.The commission of war crimes and crimes against humanity;
2.The crime of apartheid;
3.The investigation of foreign and local individuals who have
participated in the commission of these crimes during
Operation Cast Lead
The complainants have retained legal counsel in the form of
respected international jurists, Professor John Dugard and Professor
Max du Plessis.
War crimes and crimes against humanity
On the issue of war crimes and crimes against humanity, the
complaint provides compelling and comprehensive evidence which
justifies the investigation of certain named individuals for
international crimes under South Africa’s International Criminal
Court Act 2002. While I am not at liberty to disclose the names of
the suspects, what makes these crimes of particular concern to South
Africa is that they appear to be committed within a greater
political context of apartheid and colonialism.
For 40 years the political organs of the United Nations, states and
individuals have accused Israel of consistent, systematic and gross
violation of human rights and humanitarian law in the occupied
Palestinian territories. In 2004 the International Court of Justice,
in its advisory opinion, affirmed that Israel’s actions in the then
occupied territory, did indeed violate fundamental norms of human
rights and humanitarian law and cannot be justified on grounds of
self defence or necessity.
Apartheid
One of the questions raised in the complaint is whether individuals
are guilty of the crime of “Apartheid” and that question accordingly
requires the authorities to consider the nature of Israel’s
belligerent occupation of the occupied Palestinian territories and
to assess whether Israel is practising a form of colonialism or
apartheid in its treatment of the Palestinian people.
Numerous experts, organisations and investigations have concluded
that Israel practices systematic oppression and domination.
Our own Human Sciences Research Council of South Africa (HSRC) has
released findings that Israel is practicing both colonialism and
apartheid in the Occupied Palestinian Territories (OPT). The study
represents 15 months of research by a team of experts in
international law from South Africa, the United Kingdom, Israel and
the West Bank.
With regard to “Apartheid”, the team found that Israel’s laws and
policies in the OPT fit the definition of apartheid in the
International Convention on the Suppression and Punishment of the
Crime of Apartheid.
The HSRC report affirms the belief of many that Israel is
responsible for the crime of apartheid and that there is no doubt
that it is an institutionalised regime of systematic oppression and
domination by one racial group over others.
Lieutenant Colonel David Benjamin
An obviously urgent and relevant aspect of the request today is for
the South African authorities to facilitate the immediate
investigation of Lieutenant Colonel David Benjamin, born in South
Africa, but who has worked for the Israeli Occupation Forces for the
past 17 years. According to recent reports, Benjamin served in the
Military Advocates Corps as a legal adviser during Operation Cast
Lead.
I have already mentioned that there is mounting and publicly
available evidence that the Israeli Defence Force committed
international crimes during Operation Cast Lead. These crimes
include the deliberate disproportionate use of massive force,
including the use of white phosphorous, against the essentially
trapped civilian population; the use of prohibited weapons in areas
densely populated by civilians; the targeting of children, women and
civilians during the military assault, and the denial of
humanitarian assistance to the wounded and dead.
Benjamin is reported to have said that the Gaza “campaign was a long
time in the works and we [the Military Advocates Corps] were
intimately involved in the planning...” He is also reported to have
said that “Approval of targets which can be attacked, methods of
warfare – it all has gone through us.”
In these words, Benjamin appears to have associated himself with the
planning and commission of war crimes and crimes against humanity
committed during Operation Cast Lead.
On the question of the other South African perpetrators of
international crimes, there is sufficient evidence in the GAZA
DOCKET to justify a full and proper investigation by the National
Director of Public Prosecutions and the Directorate for Priority
Crimes Investigation with a view to their prosecution before a
specially designated South African court for crimes against humanity
and war crimes.
The request to the South African authorities follows years of failed
efforts to obtain justice through the Israeli judicial system.
The complainants are seeking to bring war crimes suspects to justice
outside Israel in accordance with legal principles of universal
jurisdiction now codified by our Parliament in South Africa’s
International Criminal Court Act 27 of 2002.
The Act ensures an open and fair trial system of war crime suspects,
both for foreigners who visit our country, and for suspects that are
South African citizens or permanent residents. The allegations must
be heard by an independent court, applying international standards.
The complainants seek the prosecution of those responsible for
international crimes as South Africa’s contribution to upholding
standards of justice and humanity and to combat the culture of
impunity in Israel which similarly prevailed during the darkest days
of apartheid in South Africa.
We, as South Africans see this as our moral duty and responsibility
and we are hopeful that justice will prevail.
STATEMENT BY RONNIE KASRILS
Wednesday, August 5, 2009 |
