Woman's NGO submits Goldstone Report to International Criminal Court

PRESS RELEASE
11/03/09

For Immediate Release
Contact:info@namaw.org

Muslim Women's NGO Submits Goldstone Report to International Criminal Court as part of Communication on situation in Gaza.


Washington DC: Today, the National Association of Muslim American Women (NAMAW) submitted the "Report of the United Nations Fact Finding Mission on the Gaza Conflict" better known as the Goldstone Report to the International Criminal Court at the Hague in the Netherlands. The report was submitted via e-mail, and also priority mail as documentation and evidence in support of a communication submitted by the group entitled, "Communication on the situation in Gaza and the Goldstone Report."

Under the rules of the International Criminal Court, non state parties can submit Communications to the court that are taken up for analysis and assessment the same as referrals from the UNSC or UN member nation/states. According to article 53 of the Rome Statute, the only difference is that the Court is not automatically complelled to initiate an investigation into the situation brought to its attention as it must when the referral comes from the UN Security Council. The International Court must now review the Communication and the supporting documentaion and evidence, and decide if there is enough probable cause, and supporting documentation to compel an investigation.

Considering that the UNHRC recently endorsed the report, which alleges that Israel committed war crimes and possibly crimes against humanity in its December 2008 military assault on Gaza, the group is hoping that the court will find Goldstone's report sufficient evidence to compel an investigation, along with reports by the World Health Organization and international human rights organizations such as Human Rights Watch and Amnesty International.

Whereas the Goldstone report only called for action by the court if Israel refused to conduct an investigation of its own into the allegations made in the report, and failed to bring suspected persons to trial, the International Court is now seemingly involved as a result of the appeal made by NAMAW, a UN accredited NGO with the Division on the Exercise of the Inalienable Rights of the Palestinians, for a Court assessment of the alleged facts and an investigation.

NAMAW Chairwoman Anisa Abd el Fattah says that the group has received confirmation from the Court that the Communication was successfully received. What is left now, is to see if the Court will find the Goldstone report as compelling as many, including the US and Israel might fear.

Along with the allegations of war crimes and possible crimes against humanity as mentioned in the Goldstone Report, the NAMAW communication also alleges that the economic embargo being imposed upon Gaza by Israel and Egypt is genocide, and that Israel also used banned weapons in its December 2008 assault, that included White Phosphorous, Depleted Uranium and the DIME which shoots small metal shards into flesh that cannot be removed with serious damage.

NAMAW's Communication to the Court and the supporting documentation will be viewable at the website, namaw.org.

The National Association of Muslim American Women (NAMAW) is the United State's first and only Muslim woman's pro-life and pro-family organization. We are an accredited NGO with the UN Division on the Inalienable Rights of the Palestinians and members of the Coalition for the International Criminal Court.

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African Union holds key to Rafah Crossing: "Will they use it?"

On October 29, 2009, the National Association of Muslim American Women (NAMAW), a US based NGO and member of the UN Committee on the Exercise of the Inalienable Rights of the Palestinians, sent an appeal to all of the members of the African Union requesting that the African Union take jurisdiction over the Rafah Crossing, and provide the necessary military and security support to insure that the crossing is operated safely, and efficiently.

The African Union, which has adopted the UN Rome Statute as a guide for its own set of human rights laws, has the authority to take jurisdiction from Egypt, since Egypt is a member of the African Union, and bound by its human rights laws, and is subject to the African Union’s authority. It is clear that by keeping the crossing closed, and denying Palestinian’s humanitarian aid, including food, medicines and medical supplies, and also building materials and equipment, that Egypt is in violation of Articles 6 and 7 of the Rome Statute that prohibits genocide and crimes against humanity. Egypt is also blatantly violating the African Union’s human rights laws and principles.

It is clear from even a cursory review of the Rome Statute that both Israel and Egypt are in almost certainly in violation of article 6, which prohibits genocide. The Statute describes genocide as “acts committed to destroy, in whole or part, a national, ethnical, racial or religious group ...” The statute includes such acts as “ killing members of the group, causing serious bodily harm or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group, forcibly transferring children of the group to another group.”

They are also likely in violation of Article 7, “Crimes against Humanity” which is described by the Rome Statute as “acts committed as part of a widespread or systemic attack directed against any civilian population, with knowledge of the attack.” According to the Rome Statute such acts include, but may not be limited to murder, extermination, torture, rape, persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds...”

Under the above mentioned definition, the Rome Statue also criminalizes apartheid, and “other inhumane acts of a similar character intentionally causing great suffering or serious injury to body, or physical health.”


Whereas much is being made of Israel’s history of alleged war crimes and refusal to abide by UN resolutions in respect to Palestine, and especially in respect to its continued and illegal economic siege on Gaza, little has been said about the fact that Israel’s embargo could not succeed if Egypt, a supposedly Muslim and Arab nation/state, was not providing full support and cooperation, making it possibly a co-conspirator with Israel in the conduct of these crimes.

Since there is little hope that either the EU or US will use their considerable influence over Israel, to lift the illegal embargo, it is clear that the only hope now is for the people of the Muslim and Arab world to come together to insist that Egypt end its possibly criminal cooperation with Israel, and act according to international law by opening the Rafah Crossing.

There must also be greater pressure applied by the international Muslim religious authorities who can call for Muslim and Arab boycotts of Egyptian goods, along with boycotting Israeli goods, should Egypt also thumb its nose at the African Union.

Muslim, Arab and African people are shocked by Egypt’s stubbornness in respect to permanently re-opening the Rafah Crossing, and many suspect that this stubbornness is being driven by a new lucrative industry that has sprung up in Egypt that is dependant upon illegally confiscated aid and goods intended for Gaza, along with bribes paid by activists who want to enter the strip for humanitarian causes, and also bribes paid by journalists.

Egypt has begun to auction off the goods intended for Gaza that it confiscates from tunnels under the guise of searching for weapons. If the goal is to prevent the re-arming of Gaza, why is food and equipment confiscated and why can’t these confiscated items be delivered by Egyptian security to the Gazans? Previously Egypt burned and even allowed donated foods to rot, rather than to allow the people of Gaza to receive and benefit from the humanitarian aid, illegally confiscated by Egypt at the borders and also in the makeshift tunnels. This shows that it is Egypt’s clear intent to deny the people of Gaza the sustenance and medical aid required for their survival, and that this denial is based purely upon the Egyptian, US, PA and Israeli desire to undermine the elected government, and to overthrow Hamas.

Hopes are high, that since Libya’s leader Muammar Qaddhafi, known for his fiery speeches in support of the Palestinian’s ongoing struggle, is the present head of the AU, that the Union will use its power and authority to end the illegal siege on Gaza by permanently re-opening the Rafah crossing, and possibly bringing charges of genocide and crimes against humanity against Egypt in its own criminal court. The AU can also recommend to the International Criminal Court, that an investigation immediate into Egypt’s wrong doing get underway, while giving jurisdiction over the crossing, which is in Africa, to the African Union.

With winter and the cold weather approaching quickly, it is of the utmost importance that adequate shelter, clothing, food and medical care be made immediately available for the people of Gaza. The African Union holds the key to the Rafah Crossing; let’s pray that they will use that key to save the lives of the people of Gaza.