National Association of Muslim American Women (NAMAW)

605 N. High Street#153, Columbus Ohio 43215

www.namaw.org

The Hon. Luis Moreno-Ocampo

International Criminal Court

Office of the Prosecutor

Communications

P.O. Box 19519

2500 CM The Hague

The Netherlands

November 3, 2009

Your Honor,

On September 15, 2009 the United Nations Human Rights Commission (UNHRC) endorsed a report issued by a team of credible and respected UN investigators. The report is entitled, Human Rights in Palestine and Other Occupied Territories: Report of the United Nations Fact Finding Mission on the Gaza Conflict. The report is more popularly known as the Goldstone Report.

The UNHRC endorsement of the report, and its allegations that Israel committed war crimes and possibly crimes against humanity in its December 27^th assault on Gaza, Palestine, was a major step in a decade’s long struggle to end impunity and to hold Israel accountable for alleged illegal actions being carried out in the occupied territories, including its continued occupation of the territories in spite of UN Resolutions calling for Israel to end  its illegal occupation and to withdraw to its  mandated 1967 borders.

Unfortunately, in response to the UNHRC endorsement of the Goldstone Report and its findings, the US Congress is preparing to vote on and perhaps pass a non binding resolution that advises US Secretary of State Hillary Clinton and UN Ambassador to the UN, Susan Rice to do what ever is necessary to prevent the Goldstone Report from reaching the UN Security Council, or the International Criminal Court.

Whereas such actions on the part of the Secretary of State, and/or the US Ambassador would be unfortunate, our concern is that even if by some chance the Goldstone Report does reach the UN Security Council, the US will use its veto to prevent the Security Council from referring the report to the International Criminal Court, thereby preventing the initiation of an investigation into the allegations made in the report, as required by article 53 of the Rome Statute.

Acting in anticipation of such circumstances, The National Association of Muslim American Women (NAMAW) a UN accredited NGO, and member of the Committee on the Exercise of the Inalienable Rights of the Palestinians, takes this opportunity to present to the Court as a Communication under the rules of referrals and communication with the court, the Report of the United Nations Fact Finding Mission on the Gaza Conflict, incorporated herein by reference. 

Our communication with the court in this respect, is intended to endorse the report and its allegations of war crimes and possible crimes against humanity carried out in the December 27 2009 Israeli military assault on Gaza in Palestine, and to ask that the court analyze the information and allegations set forth within the report, to determine if such allegations and findings provide the necessary requirements under Rome Statute article 53 for the court to initiate an investigation into the charges.

Our communication, along with presenting the Goldstone Report for the court’s review and analysis, brings other information to the courts attention. It is our hope that the additional information will strengthen our request for an investigation into the alleged Israeli war crimes and crimes against humanity as mentioned in the Goldstone report. This information is evidence provided within reports from Human Rights Watch and other international human rights organizations, that Israel possibility committed war crimes not mentioned in the Goldstone Report, including the use of banned weapons such as White Phosphorus and Depleted Uranium. [1]

There are also reports that as a result of the possible use of banned weapons, including a weapon known as the DIME, Israel has caused an increase in birth defects in infants born in Gaza after the December 2008 war.[2]

Other information presented to the court through this communication includes information concerning the continued illegal economic embargo being imposed upon the Gaza Strip in apparent violation of Articles 6 and 7 of the Rome Statute that prohibit acts of genocide and crimes against humanity. 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.”

Article 7 defines “Crimes against Humanity” 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.” [3]

In consideration of the information provided within this communication, including information provided within the Report of the United Nations Fact Finding Mission on the Gaza Conflict, incorporated by reference and attached, the National Association of Muslim American Women (NAMAW) appeals to the court to accept our communication in good faith, and to act urgently to initiate the necessary analysis and assessment of information provided. We are confident that upon such analysis and assessment, the court will find enough credible evidence to support an investigation into the alleged war crimes, crimes against humanity and genocide carried out by Israel in the Gaza Strip, Palestine.

Respectfully submitted by

Anisa Abd el Fattah, Chairwoman

National Association of Muslim American Women (NAMAW)