The U.S. can be found guilty of aiding and abetting war crimes such as genocide and crimes against humanity by providing Israel with arms with the knowledge that there violations of international law under the Geneva Conventions going on in Gaza as per Article 6 (3) as well as Article 7 in full of the ATT the U.S. adopted and is signatory to.

Dr. Parasaran Rangarajan for Global News Centre

(LONDON)  In a rare situation, the U.S. can be convicted of aiding and abetting war crimes such as genocide, crimes against humanity, and other violations of international law for supplying arms to Israel which has been termed “terrorists” by nations such as Bolivia in the latest conflict between Hamas and Israel in the Gaza Strip.

This is because the U.S. supplied arms to Israel with knowledge of violations of international law occurring. It is too late for the U.S. to withdraw from its obligations under international law without the possibility of a case as it is signatory to the new 2013 Arms Trade Treaty (ATT) which prohibits these actions despite the fact it has not ratified it.

Spain halted military sales to Israel with the U.S. changing protocol to requiring President Obama to sign executive orders to deliver missiles to Israel as it was very clear that the supply of arms to a genocidal army is not accepted.

However, since the U.S. previously did so, here is how it can be held accountable strictly under the ATT using the doctrine of Joint Criminal Enterprise (JCE) which is a part of customary international law looking at the case of Akayesu at the International Criminal Tribunal For Rwanada (ICTR) and which is also codified under Article 25 (3) (c) of the Rome Statute using the following 7 facts:

American Signatory Obligations Under The 2013 Arms Trade Treaty (ATT) And The 1948 Convention On Prevention And Punishment Of The Crime Of Genocide:

1. It is very clear under Article 18 of the “1969 Vienna Convention On The Law Of Treaties” that an “interim obligation” is constructed by signature without ratification by Congress of the ATT as it states:  “A State is obliged to refrain from acts which would defeat the object and purpose of a treaty”.

2. The International Court of Justice (ICJ) also ruled in Reservations To The Convention On The Prevention And Punishment Of The Crime Of Genocide that between signature and ratification, a treaty is “provisional” so legal

action can be taken as “provisional applications” between signature and ratification have legal effect according to the United Nations.

3. Furthermore, the U.S. did not formally make any reservations in a legal manner but merely opposed some factors in relation to arms trade with foreign policy interests which the ICJ judgment cited overruled as it states:  “Therefore, the objection does not have an immediate legal effect but expresses and proclaims the attitude of each signatory State on becoming a party.”

4. In addition, Article 25 of the ATT states that reservations that are incompatible with the treaty are not possible to implement in which the U.S. foreign policy towards Israel can be found incompatible as it aides and abets violations of international law.

5. Article 24 of the ATT states that any signatory must provide a 90 day notice to withdraw from the treaty which allows plenty of time for the State of Palestine to bring up charges to this effect.

6. Therefore, the U.S. can be found guilty of aiding and abetting war crimes such as genocide and crimes against humanity by providing Israel with arms with the knowledge that there violations of international law under the Geneva Conventions going on in Gaza as per Article 6 (3) as well as Article 7 in full of the ATT the U.S. adopted and is signatory to.

7. Due to “The Hague Invasion Act (2002)” of the U.S. preventing prosecution of American officials in an international court that the U.S. is not signatory to, seeking ICJ advisory opinion on the complicity on genocide (available under Article 9 of the 1948 Genocide Convention), crimes against humanity, and other violations of international law on would be preferred and more effective in this case over the International Criminal Court (ICC) which the U.S. is not party to.

Any member-State of the International Court of Justice may file this case against the United States and as per Article 53 of the statute of the court, if the U.S. decides not to appear which is its right, the other party may request for a claim in its favour. In addition, it is not required that the U.S. support the aim of Israel At the time of original publication and after speaking with various diplomats, the U.K. and committing genocide but just have knowledge of the crimes being committed under customary international law following the Blaskic and Furundzija cases at the International Criminal Tribunal for the Former Yugoslavia (ICTfY) and codified statutes. This would also make the U.S. complicit under Article 3 (e) of the “1948 Geneva Convention On The Prevention And Punishment Of The Crime Of Genocide”.

References:

1. 2013 Arms Trade Treaty: http://www.un.org/disarmament/ATT/docs/Draft_ATT_text_27_Mar_2013-E.pdf

2. 1969 Vienna Convention On The Law Of Treaties: https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-English.pdf

3. Reservations To The Convention On The Prevention And Punishment Of The Crime Of Genocide (ICJ Ruling That Signature Without Ratification Is A “Provisional Application”): http://www.icj-cij.org/docket/index.php?sum=276&code=ppcg&p1=3&p2=4&case=12&k=90&p3=5

4. U.N. Recognition That A Treaty Between Signature and Ratification Has Legal Effect, Otherwise Known As A “Provisional Application “: http://www.unesco.org/new/en/social-and-human-sciences/themes/international-
migration/glossary/provisional-application/

5. 1948 Geneva Convention On The Prevention And Punishment Of The Crime Of Genocide: https://treaties.un.org/doc/Publication/UNTS/Volume%2078/volume-78-I-1021-English.pdf”

6. International Court of Justice Statute: http://www.icj-cij.org/documents/?p1=4&p2=2

7. Rome Statute: http://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf

8. 1948 Geneva Convention On The Prevention And Punishment Of The Crime Of Genocide: https://treaties.un.org/doc/Publication/UNTS/Volume%2078/volume-78-I-1021-English.pdf