The Legal Responsibility of Major Powers

 

 The Legal Responsibility of Major Powers

    The world, especially the United States, the United Kingdom, and Germany, has witnessed the declared intentions of ethnic cleansing launched by Israeli leaders against the Palestinians in the Gaza Strip. Despite these blatant violations, these countries have not intervened to impose urgent measures to stop the killing and mass displacement, but rather, they facilitated the ethnic cleansing plan through absolute political support in the Security Council, media justifications for these crimes, and supplying Israel with all the tools of killing and destruction it uses to exterminate the Palestinians.

    This stance constitutes a direct violation of fundamental principles of international law, especially the Convention on the Prevention and Punishment of the Crime of Genocide 1948 (Convention on the Prevention and Punishment of the Crime of Genocide, 1948). This convention obligates its signatory states, including the United States, the United Kingdom, and Germany, to take effective measures to prevent genocide and punish those responsible for it, whether the act occurred within their own territories or elsewhere. Thus, the failure of these states to act represents a severe breach of their legal obligations.

International Law and Genocide: Legal Accountability Framework

Article I of the convention states:

"Genocide, whether committed in time of peace or in time of war, is a crime under international law, and the parties undertake to prevent and to punish those who commit it."

Article III criminalizes several acts directly related to genocide, including:

• Genocide.

• Conspiracy to commit genocide.

• Direct and public incitement to commit genocide.

• Attempt to commit genocide.

• Complicity in genocide.

These provisions are key references in determining the legal responsibility of countries that have failed to take necessary action to stop the crimes against humanity being committed by Israel against the Palestinians in Gaza.

Domestic Legislation in Major Countries: Legal Responsibility or Negligence?

    At the national level, Germany has established a legal framework for prosecuting crimes of genocide through the German Code of Crimes against International Law (Völkerstrafgesetzbuch – VStGB). This law sets out the jurisdiction of German courts to prosecute crimes committed outside German borders, provided that the crimes were committed by or against a person subject to German jurisdiction. According to Section 6 of this law, anyone who commits any act aimed at destroying a national, racial, religious, or ethnic group, in whole or in part, is punishable by life imprisonment.

    In the United Kingdom, the International Criminal Court Act 2001 (International Criminal Court Act 2001) is a legal tool that allows the prosecution of anyone who commits or assists in the commission of genocide or crimes against humanity. Section 51 (2) of this law states that it applies to any person, whether inside or outside the United Kingdom, provided that they are subject to British jurisdiction.

    In the United States, the Genocide Accountability Act of 2007 (Genocide Accountability Act of 2007) provides a legal mechanism for prosecuting individuals who commit genocide, whether they are American or foreign nationals on US soil. Under Section 1091 of Title 18 of the US Code, anyone who commits, incites, or facilitates the commission of genocide is punishable by life imprisonment or death.

International Legal Responsibility: The International Criminal Court and the Rome Statute

    At the international level, the Rome Statute of the International Criminal Court (Rome Statute of the International Criminal Court) is the primary legal framework for prosecuting individuals involved in genocide and crimes against humanity. Article 25 of the statute states that any person who commits a crime within the jurisdiction of the Court, or orders, incites, or contributes directly or indirectly to the commission of such a crime, is criminally responsible and liable for punishment.

International Justice: The Need to Prosecute Leaders of Major Powers

    The accusation against the leaders of the United States, the United Kingdom, and Germany, along with the President of the European Commission, of facilitating and supporting ethnic cleansing in Gaza by the Jewish state, is a legitimate accusation that must be brought before an international tribunal. These countries must be held accountable in a manner similar to the Nuremberg Trials that prosecuted Nazi war criminals after World War II. The leaders who facilitated this ethnic cleansing must bear responsibility before an international court to deliver justice to the Palestinian people.

    In conclusion, the world faces a collective responsibility in holding those who commit crimes against humanity accountable. Delaying the implementation of legal measures against the leaders involved in ethnic cleansing will only lead to further violations and destruction. International and domestic laws must be enforced to hold these responsible individuals accountable and achieve justice for the Palestinians.