Opinion Editorials, April 2010

Law  Suit Filed with ICC Against the State of Israel 

By Ronald Douglas Kennedy  

Al-Jazeerah, ccun.org, April 12, 2010

 
Regarding MR. Mahmoud Abbas, the elected Palestinian prime minister of Hamas remarks to the Arab League regarding  there legal rights to file a Law Suit with the International Criminal Court ICC. in the Hauge Netherlands. which additionally was listed as a option in the United Nations Gold Stone Report as a means to have there Legal Rights Adjudicated.  Below pleas find some working thoughts on this action.  
 
This action would be filled with The Click here: ICC - International Criminal Court : Home  -- http://www.icc-cpi.int/Menus/ICC/Home  [Jurisdiction and Admissibility, "The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court;".] 

  The ICC. Court  is the only viable appropriate Court of Law at this time for the individual Palestinian Citizens and there Two Elected  Party Government's: FATAH and HAMAS. As the State of Israel is a Failed Piranha State  in word and in  respecting the norm's of International Law in protecting Palestinian legal rights in a Just Court of Law, at this time. Also the ICC Court is immune from the United States, Veto as used in the UN. in denying international Resolutions and Sanctions against the State of Israel. As shown  in some of the past U.S. Governments.
 
It is long past time to recognize "Semitic" Palestinian Legal Rights to there lands in a just court of Law. As they are also the Semitic Children of  Shem.
 
This action is for Restitution Payments for Damages and Land Rental's only. Land Rights would not be given up as payments are made.
 
As Damages and Land Rents are paid by order of the ICC. "Court". By the Government of Israel, or any group holding or using lands given by the State of Israel.  And Countries who are signatories? of the ICC. through Court Sanctioned Confiscation of Funds in there Countries before being sent to the State Israel or there International Banking Accounts. And other Nation Government's not members of the Court but wishing to support the rule of Law. 
  
This Legal Action against The State of Israel as the Fiduciary, State Military Controlling Power. For not protecting Palestinian Right's as:  Property Rights, Land Rights, Personal Medical and Death Compensation Rights. And paying financial compensations as ordered by the Court For: Damages Payments As: Rental Payments for use of lands, Death Benefits, Pain and suffering. Destroyed or damaged Property's payments. Rental payments for any and all use's on Palestine lands taken for: Homes, Development Buildings, Roads, Separation Walls. Farm use of any kind, Infrastructure of any kind and Tree and Crop Destruction, and ---- ----- 
 
U.N.   "Human Rights In Palestine And Other Occupied Arab Territories. Gold Stone Report. United Nations Fact Finding Mission On The Gaza Conflict. December 2008, January 2009. 
 
page 334 at 1546 "Settlements are contrary to article 49 (6) of the Fourth Geneva Convention. Furthermore, they violate Palestinian property rights and the prohibition on the occupying Power of changing the nature and legal status of the Occupied Palestinian Territory (art. 55 of the Hague Regulations), may constitute direct discrimination against Palestinians, besides causing restriction of moment, hindering economic and social development, and access to health, education and social services. In addition, the extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly, amount to a "grave breach" of article 147 of the Geneva Convention."   foot note 898 " Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, advisory opinion --------
" grave breach " of article 147 of the Geneva Convention also.
 
 Additionally rights for the Citizens and Government of Palestine as sited by the United Nations General Assembly resolution 194. which was passed in 1948. And holder's of  Legal land tittles. For Damages Occupation. Caused by the June 1967,  Six Day preemptive aggressive War Attack by the State of Israel. As further Called out in UN Resolutions 224 and 338 .  The Rome Statute Fourth Geneva Convention . 
 
 This Legal action would use Palestinian  Legal Escrow group's to validate claims and distribute payments to Government's or Citizen or Family Member for those claims approved by the Court. The legal Action with the ICC would set up a agreeable way to bring groups of claims as developed to the Court for Adjudication.
 
Ronald Douglas Kennedy
USA CA.