Falana asks UK Prime Minister to facilitate referral of Israel to ICC over Gaza

Femi Falana

A Nigerian human rights lawyer, Femi Falana, has requested the UK to use its presidency of the UN Security Council to persuade members to refer Israel to the International Criminal Court, ICC, over its military invasion of Gaza.

In a letter dated August 19 and addressed to David Cameron, the UK Prime Minister, Mr. Falana accused Israel of unlawful killings and destruction of civilian property in the Gaza Strip and West Bank.

“I am writing to request that you use your good offices and position to urgently facilitate the referral of Israel to the International Criminal Court, ICC, in order for the court to investigate allegations of the unlawful killings and destruction of property perpetrated by Israel against the civilian population in the Gaza Strip and West Bank,” said Mr. Falana, a Senior Advocate of Nigeria.

“I am aware that the UK is holding the presidency of the UN Security Council for the month of August. Since Israel has not ratified the Rome Statute of the International Criminal Court the only way the court will be able to exercise jurisdiction over Israel is by a referral by the Security Council, pursuant to article 13, paragraph (b) of the Rome Statute.

“I strongly believe that without your leadership at this point in time those who ordered and encouraged the international crimes being committed in the Gaza Strip and West Bank which are clearly prohibited under the Rome Statute will escape being brought to justice, and the victims will be left with no hope of international justice and accountability.

“This referral will also provide an important opportunity for the court to investigate any allegations of international crimes committed by all parties—whether involved directly or indirectly—in the ongoing armed conflict,” Mr. Falana added.

Since the latest Israeli-Palestinian conflict began on July 8, almost 2,000 Palestinians, mostly civilians, have been killed while Israel have recorded 67 deaths.

Mr. Falana said that Israel have breached “with an almost absolute impunity” the international humanitarian law which principally aims to protect civilian populations during conflicts.

“It should be pointed out as the International Court of Justice has correctly stated, that the fact of conflict does not extinguish the international human rights obligations and commitments by Israel,” Mr. Falana said.

“The breach of international humanitarian law is illustrated by the failure to differentiate between military targets and civilians and civilian structures, and the clear intentional and deliberate attacks on civilians or civilian objects in particular, homes, medical facilities, and schools. I should mention that so far there is no evidence that such homes, medical facilities and schools are being used for military purposes. Therefore, there cannot be any justifications for such attacks including the wanton killing of children.

“I therefore urge you to urgently work with other members of the Security Council to ensure referral of Israel to the ICC over alleged international crimes as outlined above. In the meantime, the UK will do well to suspend all transfers of weapons, munitions and other military equipment and technology to Israel so that any such equipment and technology is not used to continue to perpetrate serious violations of international human rights and humanitarian law.

Mr. Falana further stated that leaders of some African countries, who did not commit such grave crimes against humanity, were indicted by the ICC.

“Since international humanitarian law recognises equality before the law, I strongly believe it is in the best interest of justice and international accountability that the UK exercises strong leadership to end the vicious cycle of violence and impunity of perpetrators in the Gaza Strip and West Bank,” he added.


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  • Jossy

    Falana, you talking as if you do not know the genesis of the gaza conflict. Gaza is infested with terrorist and the civilians in gaza is hiding the terrorist. Know the Israel is not Nigeria.

    • CP

      @jossy you are just ignorant, if u don’t know history stick to your village history at least. Falana knows history and knows what he is talking about. People like you are the devils advocate calling people defending there land terrorist. You will burn in hell if you don’t change your ways….

      • janky

        No need to insult and abuse. Make your point and is enough. Falana is ignorant of Israel. My people perish for lack of knowledge. His knowledge I law is disturbing him. Even the world powers, including UN is treading Israel with wisdom because they know what and who Isrealis are. God’s chosen people?; be smart in dealing with them.

      • Jayay

        Which history are you people talking about. We don’t need to be in Gaza to understand and have a feelings of what your brothers are made up of. Our experience in Nigeria is enough to give us insight to what Israel is going thru and why Israel will spear no effort at protecting her territory.
        Anybody who is against effort to stop this terrorist must himself be one of the

    • HAMZA

      What history do you know yourself? How old are you and how much have you read about the history of international politics? Do not be sentimental in your comments. Be objective, or you simply swallow your rubbish by keeping quite please!

  • trippi

    Mr Falana why not relocate to Borno state and help us with the war against boko haraam ? We have much more problems on our doorsteps than to worry about some Arabs that don’t give a hoot about us.

  • Psalm 35

    This Falana of a man is becoming a nuisance all over.

  • idama

    Shalom Israel! Shalom remnants of Jacob seed! SHALOM King David’s JERUSALEM! Let the gates of ISRAEL be peaceful! SHALOM!!!!!!!!

  • Danladee

    I used to think Adolf Hitler was a Palestinian, from the Gaza Strip. Because he was the one that gassed about ‘two million’ Israelis in Germany, and up to date the Israelis are crying holocaust, but no one has the right to question its authenticity. Anywhere Israelis settled, blood must flow, as it is evident they are right now in Nigeria since the coming of this government.

    Israel will never know peace itself until it allows the stone-throwing Palestinians live peacefully and return them their seized lands. Is it any wonder that the stone-throwing Palestinians have now killed over 64 Israeli army, even though the number on the other side is higher, but with help from the US? A rag-tag Hezbollah of Lebanon gave a bloody nose to them recently, and they ran out of that country with tails between their legs, and they will never want to go back there. Stop encroaching into the lands of the Palestinians and there will be peace. Period!