Legal Statement:
THE UNITED STATES, GERMANY AND OTHER COUNTRIES THAT SUPPLY WEAPONS TO ISRAEL , MUST BE PUNISHED.
A handful of countries have provided Israel with hundreds of millions of dollars’ worth of weaponry and military equipment since October, although the details of many transfers remain shrouded in secrecy. The United States and Germany — which supply the vast majority of Israel’s imported arms, say the transfers are essential to support Israel’s security.
This month, the International Court of Justice began hearing a legal challenge over German arms exports to Israel, while the 47-member U.N. human rights council passed a nonbinding resolution calling for the end of the “sale, transfer and diversion of arms, munitions and other military equipment” to Israel.
Under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the United States, Germany and other countries that supply weapons to Israel, must be punished based on Article II of the Genocide Convention. “Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such :
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e)Forcibly transferring children of the group to another group”
Based on article 6 of the Rome Statute of The International Criminal Court. “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group”.
Based on Rome Statute of The International Criminal Court and the Genocide Convention. The following acts must be punished:
a). Genocide
b). Conspiracy to commit genocide;
c). Direct public instigation to commit genocide;
d). Experiment to commit genocide;
e). Assistance in genocide.
Based on Rome Statute of The International Criminal Court and the Genocide Convention,we analyze the actions taken against ethnic. We use 2 (two) methods, namely Actus Reus (action) and Mens Rea (evil intent) in action to ethnic.
ACTUS REUS.Based on article 6 of the Rome Statute of the International Criminal Court. “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d). Imposing measures intended to prevent births within the group;
(e). Forcibly transferring children of the group to another group.”
To assess the actions taken to PALESTINE ethnic into the category of genocide, then it must be in accordance with the criteria of ACTUS REUS based on article 6 of the statutes of Rome;
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
MENS REA.to prove that the actions are being carried out to the Palestine is the act of genocide.We use criminal elements; Intention already exists before the action is executed. Kayishema and Ruzindana, (Assembly Court), May, 21, 1999, Paragraph 91: “Mens reamust have existed before the genocide act was committed.However, individual actions do not require preparation; the only consideration is that the act is indeed directed to continue goals that characterize genocide.” Kayishemaand Ruzindana, (Assembly Court), Mey, 21,1999, Paragraph 91: “This particular purpose distinguishes the crime of genocidewith ordinary murder crimes.The Court of Appeals contended that in order to determine the occurrence of an act of genocide.Mens reaIntention already exists before the action is executed”.
Best Regards Sincerely,
Chairman of the International Muslim Lawyers Alliance
Chandra Purna Irawan
Lawyer
