Statement of Particulars, Genocide in Gaza



Genocide against women and children

The governments of USA and Israel lead the Gaza Genocide and their leaders and certain other persons are accused of genocide. The International Court of Justice in January 2024 agreed in principal that a genocide in Gaza is ongoing and declared that Palestinians had a right to be protected from acts of genocide, calling on Israel to “take all measures within its power” to prevent such actions and allow the entry of desperately needed humanitarian aid.

In RINJ Women’s complaint under the Rome Statute to the International Criminal Court as a ‘Non-State Actor’ we have named defendants and not nations as the accused. Here is why. The people of the United States; the students of great American and Canadian Universities; the women and children and their families in Republic of Türkiye, Yemen, Jordan, Syria, Iraq, Iran the UK, Netherlands, France, Germany and more have been in the streets protesting the Gaza Genocide, in tears and speaking from their hearts in opposition to apartheid and genocide. Their courageous actions are saluted. Their countries are their countries, and their governments these days seldom represent their country’s voices. This is not about race or creed; not about this side or that side, it is about humanity, equality, fairness and justice. Above all it is about global values, human development and human rights.

January 2024: Statement of Particulars In Progress since last October 2023.

Complainant: The RINJ Foundation, a Canadian Non-Profit Corporation representing deceased Women and Children in Gaza plus their living families. The RINJ Foundation is in Special Consultative Status with the Economic and Social Council of the UN since 2017.

File No.: TRF9279ICC

International Criminal Case of Genocide or in the alternative, Crimes Against Humanity as part of a widespread or systematic attack directed against a civilian population including
* Murder;
* Extermination;
* Deportation or forcible transfer of population;
* Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
* Persecution against Palestinians on the basis of political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, of the Rome Statute or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
* The crime of apartheid; and
* Other inhumane acts of a similar character.

The parties accused of being guilty of Gaza Genocide atrocities or complicity or incitement are as follows:

Gaza Genocide Defendants: American private citizens Dr. Sebastian Gorka, Michael Richard Pence, Sean Patrick Hannity, and Michael Pompeo, Austria Chancellor Karl Nehammer, Belgium Prime Minister Alexander De Croo, Britain's former Prime Minister Rishi Sunak, Bulgaria Prime Minister Nikolai Denkov, Canada's Prime Minister Justin Trudeau, Canada's Deputy Prime Minister, Christina Alexandra Freeland, Cyprus President Nikos Christodoulides, Czech Republic Prime Minister Petr Fiala, de facto Israeli Prime Minister Benjamin Netanyahu, Donald J. Trump, European Commission President Ursula von der Leyen, France President Emmanuel Macron, France's President Emmanuel Macron, General CQ Brown Jr., Germany President Frank-Walter Steinmeier, Germany's Chancellor Olaf Scholz, Greece Prime Minister Kyriakos Mitsotakis, Hamas leader Ismail Haniyeh (posthumous), Hamas senior planner Yahya Sinwar (deceased), Hungary President Katalin Novak, Israel's President Isaac Herzog, Israeli Defence Minister Yoav Gallant, Italy's Prime Minister Giorgia Meloni, Japan's Prime Minister Fumio Kishida, Joseph Biden, Kamala Harris, Latvia President Edgars Rinkevics, Netherlands Prime Minister Mark Rutte, President of the European Council Charles Michel, Romania Prime Minister Marcel Ciolacu, U.S. UN/UNSC Ambassador Linda Thomas-Greenfield, U.S. Defence Secretary Lloyd J. Austin, U.S. Political Advisor Jake Sullivan, USA Chairman of the Joint Chiefs of Staff, U.S. Secretary of State Antony Blinken and the following USA Senators Lindsey Olin Graham, Bill Hagerty, Katie Boyd Britt, Kevin Cramer, Marco Rubio, Marsha Blackburn, Mitch McConnell, Pete Ricketts, Rick Scott, Ted Budd, Ted Cruz , Tim Scott, Tom Cotton plus USA political actors like Adm. (retired) John Kirby and Nikki Haley.

STATEMENT OF PARTICULARS OF THE COMPLAINANT

Facts

  1. The State of Israel under a quasi-coalition government formed by former Prime Minister Benjamin Netanyahu and endorsed by co-Defendant Israeli President Isaac Herzog has for years occupied, as an apartheid occupier the Complainant adduces, over the Gaza strip, East Jerusalem and the West Bank which historians describe as modern-day Palestine.
  2. For background consideration the Complainant adduces that for a lengthy time, the Gaza strip has been completely controlled by Israel including Israel’s control all communications, all supplies, all fuel, all food, all sea traffic, all land traffic and in many other ways occupied the Gaza Strip and completely controls the Gaza Strip.
  3.  Since the Izz ad-Din al-Qassam Brigades (IQB) attack on Israel on 7 October 2023, Israel has shut down all food, water, power, fuel, and all medical supplies to Gaza and has launched into a carpet bombing campaign of all civilian structures including homes, residential apartment buildings, hospitals, schools, United Nations Refugee camps, and killed over 145 specialized United Nations workers; killed scores of targeted journalists; killed hundreds of medical workers and arrested and continue to detain a large number of senior surgeons and medical directors; killed many thousands of women and children, and destroyed all hospitals and clinics in Gaza, the effect of which has created what the United Nations Secretary General has described as a “human catastrophe”.
  4. Israel has used starvation of the civilian population as a weapon of war and by mid-December, 9 out of 10 persons had no food or one meal daily. Children, women and the elderly are dying of starvation.
  5. All life support infrastructure in Gaza has been destroyed. The most of the 2 million people there are displaced, and most are now facing starvation. 1.9 million do not eat every day according to the United Nations in mid-December.
  6. Prominent Israeli officials have been making statements of their intention of Genocide in Gaza. The United States President and its Defence and State secretaries have all declared unequivocal military and weapons support plus American diplomatic support which has included blocking every effort of the world body, the United Nations, to order a ‘Humanitarian Ceasefire’.
  7. The United States President has bypassed all American legal checks and balances including oversight and has non-transparently shipped daily, the bombing supplies of various types of munitions including JDAM kits and other weapons including bombs and all manner of weapons used in the crimes against humanity being conducted in the Gaza Strip and the West Bank.
  8. Military and foreign affairs experts like John Mearsheimer have said that, “Israel is choosing ‘apartheid’ or ‘ethnic cleansing’, and that Israel could not have done the horrific damage it has done to the Palestinian public in Gaza without the massive support of the United States.
  9. Since 7 October 2023, U.S. President Biden repeatedly incited the killing of Palestinians in Gaza and the West Bank by telling deliberate lies about alleged atrocities such as the beheading of infants by the the Izz ad-Din al-Qassam Brigades (IQB) which in fact were the Iranian trained persons who raided Israel on 7 October 2023, not the global Hamas movement although Hamas uses Izz ad-Din al-Qassam Brigades as one of its militias although it has only limited control over the IQB because the Iranian Islamic Revolutionary Guard Corps (IRGC) is the IQB’s primary benefactor.
  10. The Complainant canvassed hospitals, coroners, morticians and other experts. The Complainant is a partner and member of the Civil Society Coalition Against Infectious Disease and as such has been in regular contact with the health infrastructure of Israel since the beginning of the COVID-19 Pandemic. In the early October canvass of forensic experts of Israel, the Complainant learned that no such catastrophic dismemberment and beheadings of infants took place and thus the alleged events never took place and furthermore, in the 72 hours following each moment of 7 October, no forensic rape kits had been conducted. Inasmuch as forensically the statements are lies there were massive traumas against Israeli families done by Main Battle Tank main guns and ancillary weapons. There was a horrific case in a Kibbutz where an Israeli tank had been blasting away at what it thought were invaders but in fact, according to unnamed IDF sources were armed Kibbutz members. The mass trauma destruction of buildings and families in large numbers was done by tanks. The IQB arrived in the Kubutzes on foot, on motor scooters, and in motorized parachutes, none of which could transport tanks or helicopter gunships which accounted for the largest number of deaths during the attacks which in all of 7 October did not come near the 1,400 deaths claimed by Netanyahu and Biden who tegother fomented a massive global hatred for Palestinian citizens.
  11. The Netanyahu government had for months secretly planned a massive media campaign to justify a war against the people of Gaza and the removal of the Palestinians from Gaza according to numerous sources including official agencies of Jordan, Egypt and some information from inside Turkey. All of this information suggested that for months the foreign partners of Israel had been warning the Netanyahu government that the IQB was intending an attack on Israel using flying machines and larger than usual rockets and that massive training efforts were being conducted to train IQB operators how to use the motorized Parachute flying airships.
  12. Experts who have visited the Gaza Strip on the ground have estimated that the 100,000-plus casualties that have been inflicted upon the Palestinian population since 7 October, 2023 could not have been achieved without the weapons support of the United States, helped by the United Kingdom and the European Union, the latter two acting under some Coercion by the United States claim some of the defendants.
  13. Israeli Public Diplomacy Minister Galit Distal Atbaryan posted on Facebook that Israeli officials must invest all their energy “in one thing: erasing all of Gaza from the face of the Earth. “That the brave monsters will fly to the southern fence and enter Egyptian territory,” Atbaryan continued, an apparent reference to Israel’s reported plan to permanently expel Palestinians who survive the assault to Egypt’s Sinai Peninsula, imposing a “second Nakba” on the population. “Or let them die… Gaza needs to be wiped out. Revengeful and vicious IDF is required here,” she continued. “Anything less than that is immoral.”
  14. Muhammad Shehada, chief of communications for Euro-Med Human Rights Monitor following Atbaryan’s comments said, “Atbaryan is from Netanyahu’s Likud party. She speaks for him!”
  15. Public Diplomacy Minister Galit Distal Atbaryan’s post on Facebook signified “genocidal intent, clearly expressed,” the Complainant adduces.
  16. On 9 October 2023, Israeli Defence Minister Yoav Gallant announced what he called a “complete siege” on Gaza. “We are fighting against human animals” he said as the IDF proceeded to bomb and kill thousands of women and children, certainly non-combatants.
  17. The IDF spokesman said on 10 October 2023 that “the emphasis is on damage and not on accuracy.”
  18. Also on 10 October Israeli Defence Minister Yoav Gallant announced, “I have lowered all the restraints. We will kill everyone we fight against. We will use every means.”
  19. More than 800 scholars have signed on to a letter aiming to “sound the alarm about the possibility of the crime of genocide.”
  20. U.S. Rep. Rashida Tlaib (D-MI), the only Palestinian American in Congress, accused President Joe Biden of supporting “the genocide of the Palestinian people,” in a video on 3 November 2023. Clearly the officials of the U.S. leadership by this time knew a Genocide was underway but certain events made it clear, yet the co-defendants of the USA continued the flow of weapons and military support including American military personnel spotted in Gaza and daily overflight of American remotely piloted warplanes providing targeting information to the Israeli Air Force for bombing over 100,000 buildings by this time.
  21. These warnings have pointed to the sheer number of civilian casualties from Israel’s bombardment, the effects of the siege, and rhetoric from Israeli officials that demonizes and calls for the mass killing of Palestinians in Gaza, among other things, as indicators that Israel’s offensive against Palestine’s civilian population could cross the line into genocide. That is an explosive charge, and one that Israel, a nation whose existence is inextricably linked to the genocide of Jews in the Holocaust, has rejected by arguing that the killing of innocents is unavoidable in pursuit of its war aims which it says is intended to erradicatye the Hamas, an international movement for the support of arabs in Palestine.
  22. Israeli Defense Minister Yoav Gallant: “I ordered a full siege on the Gaza Strip. No power, no food, no gas, everything is closed. We are fighting human animals and we act accordingly.”
  23. Making the case for Intended Genocide, Israeli Cabinet Minister Bezalel Smotrich said on or about 16 November 2023 that “The State of Israel will no longer be able to accept the existence of an independent entity in Gaza.”
  24. Benjamin Netanyahu’s government’s finance minister, Bezalel Smotrich, who also heads one of the nationalist parties in Netanyahu’s coalition, has said that Israel will no longer accept the existence of Gaza, and Palestinians there should agree to some form of “voluntary emigration” and leave for other countries. “Western countries should accept families from Gaza who expressed a desire to relocate,” he said.
  25. Sources have told the Complainant that the Biden Administration has discussed taking up to one million refugees from Palestine. The Complainant adduces that this effort would further comprise the Gaza Genocide and its pre-meditation as well as the crime against humanity of forcible deportation against an ethnic group inasmuch as on 29 November 2023 the United Nations during a short-term quasi-halt in hostilities declared the condition of the Gaza Strip as mostly uninhabitable because of destruction by bombs, missiles and artillery fire. Since 7 October 2023 the Gaza strip was carpet bombed by the war-team of America (a supplier of bombs) and Israel which with American assistance did the carpet bombing.
  26. An estimated 1.5 million people in Gaza have been expelled from their homes under threat of death and heavy bombing in the Israeli military’s forced evacuations in the first six weeks of war on Gaza and the Gaza Genocide.
  27. On 14 November it was reported by the Hamas-run Health Department that 11,240 Palestinians have been killed, including 4,630 children and 3,130 women in Gaza by the Israeli military since 7 October. Some 1,200 Israelis allegedly died in the conflict, most on 7 October according to Israeli authorities who have revised that number down, twice.
  28. As will be set out herein, since 9 October 2023, Israel with the support of America and other co-accused attacked with bombs, artillery, missiles and other orfnance, and killed thousands of refugees in refugee camps, mostly children in their homes, but also including their schools, medical facilities, playgrounds and recreational buildings, all places that are deemed safe haven for children in internatinal law.
  29. Since 9 October, 2023, those refugee camps are namely Al-Shati (Beach camp); Bureji camp; Deir El-Balah camp; Jabalia camp; Khan Younis camp; Maghazi camp; Nuseirat camp; and Rafah camp.
  30. Protesting officially in writing against the slaughters at the Jabalia camp on 9 October 2023, were United Nations members Saudi Arabia, Egypt, the United Arab Emirates, Qatar, Yemen and Jordan.
  31. On 14 October 2023, The Complainant’s executive board launched a process for the prosecution of Biden, Trudeau, Netanyahu, Macron, Sunak, von der Leyen, Austin, Blinken, Kishida who werethen officially accused of Genocide and/or Complicity.
  32. The Complainant has investigated and collected proof that G7 members have knowingly and willfully backed the Gaza Genocide with weapons and political support also using their state media control and lawfare. For example, in Britain and in France news reports about the truth of Gaza Genocide endanger the journalists and civilians are loudly, publicly, arrested in a manner to instill fear for showing a Palestine flag yet Palestine is officially recognized by the General Assembly of the United Nations.
  33. On 19 October 2023, 100 civil society organizations and six genocide scholars sent a letter to Karim Khan, Prosecutor of the International Criminal Court, calling on him to issue arrest warrants to Israeli officials for cases already before the prosecutor; to investigate the new crimes committed in the Palestinian territories, including incitement to genocide, since 7 October; to issue a preventative statement against war crimes; and to remind all states of their obligations under international law. The letter noted that Israeli officials, in their statements, had indicated “clear intent to commit war crimes, crimes against humanity and incitement to commit genocide, using dehumanizing language to describe Palestinians.” The six specialist genocide scholars that signed the document were Raz SegalBarry Trachtenberg, Robert McNeil, Damien ShortTaner Akçam and Victoria Sanford. The same day, lawyers at the Center for Constitutional Rights stated that Israel’s tactics were “calculated to destroy the Palestinian population in Gaza” and warned the Biden administration that “U.S. officials can be held responsible for their failure to prevent Israel’s unfolding genocide, as well as for their complicity, by encouraging it and materially supporting it.”
  34. Benjamin Netanyahu increased atrocities when supporters visit Israel to imply “they approve of the ‘Gaza Genocide'”.
  35. This Israeli political/miliary tactic of increasing ‘Gaza Genocide’ atrocities during EU and USA political visits was employed during the visits of Austria Chancellor Karl Nehammer, Belgium Prime Minister Alexander De Croo, de facto Israeli Prime Minister Benjamin Netanyahu, Britain’s Prime Minister Rishi Sunak, Bulgaria Prime Minister Nikolai Denkov, Canada’s Prime Minister Justin Trudeau, Cyprus President Nikos Christodoulides, Czech Republic Prime Minister Petr Fiala, European Commission President Ursula von der Leyen, France President Emmanuel Macron, France’s President Emmanuel Macron, Germany President Frank-Walter Steinmeier, Germany’s Chancellor Olaf Scholz, Greece Prime Minister Kyriakos Mitsotakis, Hungary President Katalin Novák, Israel’s de facto Prime Minister, Italy’s Prime Minister Giorgia Meloni, Japan’s Prime Minister Fumio Kishida, Latvia President Edgars Rinkevics, Netherlands Prime Minister Mark Rutte, President of the European Council Charles Michel, Romania Prime Minister Marcel Ciolacu, Spain Prime Minister Pedro Sánchez, U.S. Defence Secretary Lloyd J. Austin, U.S. Political Advisor Jake Sullivan, U.S. President Joseph Biden, and U.S. Secretary Antony Blinken. (Dates shown in chart appendix A below.)
  36. On 28 October 2023, a massive bombing using one ton and other bombs destroyed the residential buildings of a large refugee camp in Jabalia, just north of Gaza City. The Israeli military confirms it was targeting the area, and claimed that the United Nations camp had a Hamas official in the vicinity.
  37. Photos from the scene showed large craters and other damage at the camp, where teams of people lined up bodies in rows, covered by white sheets. Hamas officials said at least six airstrikes demolished apartment buildings in the residential area. Initially 50 people were reported killed in the early discoveries in the massive debris fielded after the first six Israeli air raids hit the residential area of the camp that Tuesday 28 October but additional raids on 29 October, the Wednesday, killed 400 more civilians, mostly—in the vast majority—children killed in their homes and in the schools. Israel justified the absolute carnage of infants, toddlers and children in the face of a global condemnation saying, “there was a very senior Hamas commander in that area,” argued Israeli army spokesperson Lieutenant Colonel Richard Hecht speaking to CNN. However, there were no reports of a single Hamas official being killed. Regardless, the disproportionate response of killing nearly 500 persons and thousands of injured civilians is herein shown to be an actual representation, or to use other words, iconic of the accused’s aggression  throughout the crisis.
  38. Senior Politicians complicit in the Israeli-led ‘Gaza Genocide’. On each of the mentioned dates in Appendix A, in Palestine including East Jerusalem, West Bank and Gaza Strip, reprehensible criminal atrocities by Israel and the United States were being conducted for the attribution to the guest attendees to the ‘Gaza Genocide’ many of whom sought to impress Jewish voters at home with their zeal for killing Palestinian civilians, women and children which is exactly what was happening at the material time. These politicians were also urged by officials the United States and officials of the European Union to provide unequivocally blind support to Israel for Netanyahu’s ‘Gaza Genocide’ campaign.

Appendix A. Chart of senior EU and USA Officials visiting Israel when deliberate increases in atrocities were conducted and displayed to please the guests.

Fact: Netanyahu increased atrocities in Gaza when supporters visit to imply “they approve”.

To wit: This Israeli political/miliary tactic of increasing ‘Gaza Genocide’ atrocities was employed during the visits of Austria Chancellor Karl Nehammer, Belgium Prime Minister Alexander De Croo, de facto Israeli Prime Minister Benjamin Netanyahu, Britain’s Prime Minister Rishi Sunak, Bulgaria Prime Minister Nikolai Denkov, Canada’s Prime Minister Justin Trudeau, Cyprus President Nikos Christodoulides, Czech Republic Prime Minister Petr Fiala, European Commission President Ursula von der Leyen, France President Emmanuel Macron, France’s President Emmanuel Macron, Germany President Frank-Walter Steinmeier, Germany’s Chancellor Olaf Scholz, Greece Prime Minister Kyriakos Mitsotakis, Hungary President Katalin Novák, Israel’s de facto Prime Minister, Italy’s Prime Minister Giorgia Meloni, Japan’s Prime Minister Fumio Kishida, Latvia President Edgars Rinkevics, Netherlands Prime Minister Mark Rutte, President of the European Council Charles Michel, Romania Prime Minister Marcel Ciolacu, Spain Prime Minister Pedro Sánchez, U.S. Defence Secretary Lloyd J. Austin, U.S. Political Advisor Jake Sullivan, U.S. President Joseph Biden, and U.S. Secretary Antony Blinken.

European Commission President Ursula von der Leyen 13 Oct. 2023
Romania Prime Minister Marcel Ciolacu 17 Oct. 2023
Germany Chancellor Olaf Scholz 17 Oct. 2023
United States President Joe Biden 18 Oct. 2023
United Kingdom Prime Minister Rishi Sunak 19 Oct. 2023
Italy Prime Minister Giorgia Meloni  21 Oct. 2023
Cyprus President Nikos Christodoulides 21 Oct. 2023
Greece Prime Minister Kyriakos Mitsotakis 23 Oct. 2023
Netherlands Prime Minister Mark Rutte 23 Oct. 2023
France President Emmanuel Macron 24 Oct. 2023
Czech Republic Prime Minister Petr Fiala 25 Oct. 2023
Austria Chancellor Karl Nehammer  25 Oct. 2023
Hungary President Katalin Novák 5 Nov. 2023
Bulgaria Prime Minister Nikolai Denkov 6 Nov. 2023
Latvia President Edgars Rinkēvičs 20 Nov. 2023
Spain Prime Minister Pedro Sánchez 23 Nov. 2023
Belgium Prime Minister Alexander De Croo  23 Nov. 2023
Germany President Frank-Walter Steinmeier 26 Nov. 2023