Letter to the International Criminal Court regarding the Hamas
On December 17th, 2015 I sent a letter to the International Criminal Court regarding violations of the Rome Statute that the Hamas has been involved in. I strongly believe that the ICC does have jurisdiction to investigate my assertions. I believe that war crimes,. crimes against humanity and genocide cannot be tolerated and should be prosecuted in our world and that is why I sent the letter to the Office of the Prosecutor of the International Criminal Court.
Content
International Criminal Court
ID: LFG-2015-ICC-0014
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
[email protected]
Sent via: Electronic mail
December 17th, 2015
Re: Request for investigation into violations of the Rome Statute
Honorable Fatou Bensouda,
My name is Isaiah X. Smith and I am sending this letter to the Office of the Prosecutor of the
International Criminal Court for the purpose of requesting an investigation into a various number of
violations of the Rome Statute. The crimes that are listed in this letter are extremely serious and
extremely concerning. I urge you and your office to read this letter and to respond appropriately to this
letter.
I.
General information
The State of Palestine is located in the Middle East. On November 15th, 1988 they declared
their independence through the Palestinian Liberation Organization, also known as the
“PLO.” The State of Palestine claims that the West Bank and the Gaza strip are its territory.
The Palestinian authority filed for official recognition as a “state” to the United Nations in
2011. In 2012 the United Nations responded to their request by granting them a “nonmember observer state” status.
Most of this letter is in regards to the Hamas. The Hamas is a Palestinian Islamic Extremist
Organization that operates in Palestine. The Hamas is a designated terrorist organization by
the European Union, Canada, Israel, Egypt, and Japan and especially by the United States of
America. Since the 1990s the Hamas’s military wing known as the “Izz al-Din al-Qassam
Brigades” has conducted a countless number of attacks against Israeli civilians, Palestinians
and et cetera. Specifically the attacks have included large-scale bombings against Israeli
civilian targets, small-arms attacks, improvised roadside explosives, and a “MASSIVE”
number of rocket and mortar attacks launched from Palestine into Israel.
In June of 2008 the Hamas had formally entered into a six-month agreement with Israel that
significantly reduced the number of rocket attacks. Despite of the agreement, the Hamas
still kept on attacking Israel. Currently in 2015 and prior to 2015 the Hamas has been
responsible for a countless number of war crimes, crimes against humanity and genocide.
II.
This complaint is regarding violations of and to the Rome Statute that the International
Criminal Court has jurisdiction to investigate
I strongly believe that the crimes that the Hamas and other groups committed against Israeli
civilians, Israel and the Palestinian people are genocide, crimes against humanity and war
crimes. I believe that the crimes were "committed as part of a widespread or systematic
attack directed against any civilian population, with knowledge of the attack." I also believe
that the crimes were committed "with intent to destroy, in which or in part, a national,
ethnical, racial or religious group, as such."
I would respectfully request your office to investigate the following that I am accusing
mostly the Hamas and somewhat the Omar Brigades of being involved in:
1. Intentionally directing attacks against the civilian population as such or against
individual civilians not taking direct part in hostilities;
2. Intentionally directing attacks against buildings, material, medical units and transport,
and personnel using the distinctive emblems of the Geneva Conventions in conformity
with international law;
3. Intentionally directing attacks against personnel, installations, material, units or vehicles
involved in a humanitarian assistance of peacekeeping mission according with the
Charter of the United nations, as long as they are entitled to the protection given to
civilians or civilian objections under the international law of armed conflict;
4. Intentionally directing attacks against buildings dedicated to religion, education, art,
science or charitable purpose, historic monuments, hospitals and places where the sick
and wounded are collected, provided they are not military objectives;
5. The crime against humanity of murder, the crime against humanity of other inhumane
acts, the crime against humanity of extermination, and the forcible transfer of
population is a crime against humanity
6. Conscripting or enlisting children under the age of 15 years, or using them to participate
actively in hostilities
7. Willfully causing great suffering or serious injury to body or health of individuals
8. Any other non-mentioned violations that the Hamas, the Omar Brigades and any other
group has been involved in; and any other non-mentioned laws that the Office of the
Prosecutor of the International Criminal Court can use to prosecute
III.
Individuals that this complaint is in regards to and et cetera
1. Mr. Khaled Meshaal, Leader of the Hamas, for his individual criminal responsibility and
or any other way the Office of the Prosecutor sees fit
2. Mr. Khaled Mashal, Chief of the Political Bureau of the Hamas, for his individual criminal
responsibility and any other way that the Office of the Prosecutor sees fit
3. Mr. Mousa Abu Marzouq, Deputy Chief of the Political Bureau of the Hamas, for his
individual criminal responsibility and any other way that the Office of the Prosecutor
sees fit
4. Mr. Khalil al-Hayah, Senior Hamas Official, for his individual criminal responsibility and
any other way that the Office of the Prosecutor sees fit
5. Mr. Ismail Haniyeh, Top Hamas Official in the Gaza strip, for his individual criminal
responsibility and any other way that the Office of the Prosecutor sees fit
6. Members of the Hamas’s military wing that are responsible for the direct involvement of
the ordering of events that can be defined as war crimes, crimes against humanity and
genocide; as in their individual criminal responsibility and or in any other way that the
Office of the Prosecutor sees fit
7. Leaders and members of the “Omar Brigades” in which are responsible for the direct
involvement of the ordering of events that can be defined as war crimes, crimes against
humanity and genocide; in their individual criminal responsibility and or in any other
way that the Office of the Prosecutor sees fit
IV.
The jurisdiction of the International Criminal Court
The State of Israel is not party to the Rome Statute. Therefore I have officially asked the
State of Israel to accept the jurisdiction of the International Criminal Court by becoming a
party to the Rome Statute. See Attachment A below. However despite that I strongly
believe that the Office of the Prosecutor still has jurisdiction to investigate my assertions
due to the fact that Palestine is a State Party to the Rome Statute. See Attachment B below.
The government of Palestine has accepted the jurisdiction of the International Criminal
Court and has officially become a State Party to the Rome Statute on January 1st, 2015.
Therefore the Office of the Prosecutor of the International Criminal Court does have
jurisdiction to investigate violations of the Rome Statute that have been committed. Your
office has even opened a preliminary examination into the situation in Palestine in order to
establish whether the Rome Statute criteria for opening an investigation were met.
As you may already know, the International Criminal Court does have jurisdiction to
investigate war crimes "in particular when committed as part of a plan or policy or as part of
a large-scale commission of such crimes." The Rome Statute criminalizes violations of
Common Article 3 by listing acts which constitute war crimes when "committed against
persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and people who are “hors de combat” by sickness, wounds, detention
or any other cause." One of these listed acts is "violence to life and person, in particular
murder of all kinds, mutilation, cruel treatment and torture."
As I have stated before, I believe that a lot of the crimes that are in this complaint were and
are "committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack." I also believe that the crimes were and that are
committed "with intent to destroy, in which or in part, a national, ethnical, racial or religious
group, as such." Another thing that is listed in this complaint is the fact that I believe that
the Hamas is “conscripting or enlisting children under the age of 15 years, or using them to
participate actively in hostilities.”
The International Criminal Court has the authority and the power to investigate war crimes,
crimes against humanity and genocide. I am specifically asking the International Criminal
Court to investigate those things.
V.
Information as to rockets and mortars that were fired mostly by the Hamas from Palestine
into the State of Israel
“Qassam Rockets” and other types of attacks have been launched by the Hamas for the
purpose of striking Israel. I strongly believe that the use of rockets to attack civilians may
amount to genocide and/or crimes against humanity in regards to when were not
committed in connection with Operation Cast Lead.
Year of 2014:
1. Month of June, 2014: The Hamas launched a large amount rockets aimed for Israel into Israel.
“Some” of the dates and information are as follows:
A. June 14th, 2014: The Hamas launched approximately 3 rockets and approximately
2 of the rockets hit the Hof Ashkelon regional council in Israel
B. June 15, 2014: The Hamas launched approximately 4 rockets into the Ashkelon
City and approximately 2 out of those approximate 4 rockets were intercepted by
an Israeli Iron Dome
C. June 16th, 2014: The Hamas launched approximately one rocket into the Ashkelon
region of Israel
D. June 18th, 2014: The Hamas launched approximately 2 rockets into the Sha'ar
Hanegev Regional Council’s community
E. June 19th, 2014: The Hamas launched approximately one rocket from Palestine
into the City of Sderot, Israel. Then they launched approximately one rocket at the
City of Ashkelon, Israel which was intercepted by an Israeli Iron Dome
F. June 20th, 2014: The Hamas launched approximately one rocket from Palestine
that was aimed for the Hof Ashkelon area in Israel. The rocket misguided and it hit
their own territory (Palestinian territory).
G. June 21st, 2014: The Hamas launched approximately one rocket from Palestine
into the Hof Ashkelon Regional Council of Israel. That group then launched a
rocket at the Sdot Negev and Sha'ar HaNegev Regional Councils in Israel
H. June 24th, 2014: The Hamas launched several rockets from Palestine into South
Israel. The rockets were aimed at inhabited populations in Israel. Two of those
rockets were intercepted by an Israeli Iron Dome
I. June 27th, 2014: The Hamas exploded a mortar near the border of the Gaza strip
and Israel. In the evening approximately 6 rockets were launched from Palestine
towards inhabited areas of the State of Israel. Approximately 4 rockets fell in the
open field. Approximately 2 rockets were intercepted by an Israeli Iron Dome
J. June 28th 2014: The Hamas launched several rockets from Palestine into Israel
K. June 29th, 2014: The Hamas launched approximately 4 rockets from Palestine into
Israel
L. June 30th, 2014: The Hamas launched approximately 16 rockets into the Eshkol
Regional Council region and the Sedot Negev Regional Council.
2. Month of July, 2014: The Hamas launched approximately 300 plus rockets into Israel during
the State of Israel’s “Operation Protective Edge.”
A. July 1st, 2014: The Hamas launched approximately 4 rockets and
approximately 5 mortars into Israel
B. July 2nd, 2014: The Hamas launched approximately 13 rockets and
approximately 6 mortars into Israel
C. July 3rd, 2014: The Hamas launched approximately 13 rockets into Israel
D. July 4th, 2014: The Hamas launched approximately 21 rockets and
approximately 4 mortars into Israel
E. Juy 5th, 2014: The Hamas launched approximately 11rockets and
approximately 6 mortars into Israel
F. July 6th, 214: The Hamas launched approximately 30 rockets into Israel
G. July 7th, 2014: The Hamas launched approximately 80 rockets into Israel
H. July 8th, 2014: The Hamas launched approximately 156 rockets into Israel
I. July 9th, 2014: The Hamas launched approximately 130 rockets into Israel
J. July 10th, 2014: The Hamas launched approximately 197 rockets into Israel. It
was reported that at least 1 innocent civilian was injured
K. July 11th, 2014: The Hamas launched approximately 138 rockets into Israel. It
was reported that at least 7 innocent civilians were injured
L. July 12th 2014: The Hamas launched approximately 125 rockets into Israel. At
least 2 innocent civilians were injured
M. July 13th, 2014: The Hamas launched approximately 150 rockets into Israel.
N. July 14th, 2014: The Hamas launched approximately 122 rockets into Israel. At
least 3 innocent civilians were injured
O. July 15th, 2014: The Hamas launched approximately 146 rockets into Israel. At
least 1 innocent civilian was killed at least 4 civilians were injured
P. July 16th, 2014: The Hamas launched approximately 110 rockets into Israel
Q. July 17th, 2014: The Hamas launched approximately 162 rockets into Israel. At
least 1 civilian died and 21 civilians were injured
R. July 18th, 2014: The Hamas launched approximately 124 rockets into Israel
S. July 19th, 2014: The Hamas launched approximately 116 rockets into Israel. It
was reported that at least 6 civilians were injured
T. July 20th, 2014: The Hamas launched approximately 87 rockets into Israel
U. July 21st, 2014: The Hamas launched approximately 139 rockets into Israel
V. July 22nd, 2014: The Hamas launched at approximately 90 rockets into Israel.
At least one civilian was injured
W. July 23rd, 2014: Approximately 98 rockets were launched by the Hamas into
Israel
X. July 24th, 2014: The Hamas launched approximately 63 rockets into Israel. At
least one innocent civilian died and one was injured
Y. July 25th, 2014: The Hamas launched at least 80 rockets into Israel
Z. July 26th, 2014: The Hamas launched at least 22 rockets into Israel
AA. July 27th, 2014: The Hamas launched at least 71 rockets into Israel. At least one
innocent civilian was injured.
BB. July 28th, 2014: The Hamas launched at least 66 rockets into Israel. It was
reported that 4 innocent civilians died and 7 were injured.
CC. July 29th 2014: The Hamas launched at least 79 rockets into Israel
DD. July 30th, 2014: The Hamas launched at least 141 rockets into Israel
EE. July 31st, 2014: The Hamas launched at least 95 rockets into Israel which killed
5 civilians and injured 7 innocent civilians
3. Month of August, 2014: The Hamas launched approximately 168 plus rockets into Israel.
“Some” of the dates and information are as follows:
A. August 20th, 2014: The Hamas launched approximately 168 rockets that day
towards Israel.
4. Month of September, 2014:
A. September 16th, 2014: The Hamas fired a mortar into Israel that hit Israeli soil near
the Eshkol and Sdot Negev region
5. Month of October, 2014:
A. October 31st, 2014: The Hamas launched a rocket from Palestine that hit South
Israel
6. December, 2014:
A. The Hamas fired a rocket from Palestine that hit an area near Israel’s Eshkol
Regional Council region
Year of 2015:
1. Month of April, 2015: The Hamas launched approximately 1 rocket from Palestine
into Israel. “Some” of the information regarding that is listed below:
A. April 23rd, 2015: Approximately 1 rocket was launched by the Hamas in
Palestine into Israel during the Israeli Independence Day Holiday.
2. Month of May, 2015: The Hamas launched approximately 1 rocket from Palestine
into Israel. “Some” of the information regarding this is listed below:
A. May 26th, 2015: The Hamas launched a rocket from Palestine into
Southern Israel
3. Month of June, 2015: The Omar Brigades launched approximately two rockets
from Palestine into Israel. “Some” of the information regarding this is listed
below:
A. June 2nd, 2015: The Omar Brigades launched approximately two rockets
from Palestine into Israel that has struck Southern Israel near Ashkelon,
Israel.
B. June 6th, 2015: The “Omar Brigades” launched approximately two rockets
from Palestine into Israel in an attempt to try to provoke a war between
the Hamas and the State of Israel. The Omar Brigades group has claimed
responsibility for that rocket attack
4. Month of July, 2015: The Hamas launched approximately one rocket from
Palestine into Israel. “Some” of the information regarding this is listed below:
A. July 16th, 2015: The Hamas launched approximately one rocket from
Palestine into the Hof Ashkelon council in Israel
5. Month of August, 2015: The Hamas has launched approximately
A. August 1st, 2015: The Hamas launched approximately two rockets into Israel
B. August 7th, 2015: The Hamas launched approximately three rockets into Israel
from Palestine
6. Month of September, 2015: The Hamas and the sheikh Omar Hadid Brigade
launched rockets into Israel. “Some” of the information regarding this is as
follows:
A. September 20th, 2015: Approximately two rockets were fired from Palestine
into Israel. The sheikh Omar Hadid Brigade was believed to be responsible.
B. September 30th, 2015: Approximately 1 rocket was fired by the Hamas into
Israel.
7. Month of October, 2015:
A. October 4th, 2014: The Hamas fired approximately two rockets from Palestine
into Israel and the rockets were headed towards Israeli populated areas.
B. October 9th, 2015: The Hamas fired rockets from Palestine into Israel and the
rickets misfired and hit Palestine.
C. October 10th, 2015: The Hamas launched multiple rockets into Israel
D. October 21str, 2015: The Hamas launched approximately 1 rocket from
Palestine and it exploded in Israel's Sha'ar Hanegev region
E. October 26th, 2015: The Hamas launched a rocket into South Israel
8. Month of November, 2015:
A. November 9th, 2015: The Hamas launched approximately one rocket that hit
the Sha'ar Hanegev regional council in Israel
B. November 9th, 2015: The Hamas launched approximately one rocket that hit
South Israel
C. November 23rd, 2015: The Hamas launched approximately one rocket into
Israel
9. Month of December, 2015:
A. December 13th, 2015: The Hamas launched approximately one rocket that
landed in Shaar HaNegev, Israel
VI.
Suicide bombings that the Hamas is possibly responsible for
I strongly believe that suicide bombings to attack civilians may amount to genocide and/or
crimes against humanity. Due to some jurisdiction issues regarding the suicide bombing
details, I have included “only” the information that the court has jurisdiction to investigate.
1. October 11th, 2015: Ma'ale Adumim attempted to participate in a suicide bombing. She
is a female suicide bomber who detonated a bomb in her car after being stopped by
traffic police officials on the road from Ma'ale Adumim to Jerusalem. It was reported
that one person was injured.
If and when the State of Israel becomes a party to the Rome Statute, I will send you more
information as to “all” of the suicide bombings that have been ordered by the Hamas. The
Hamas in the past has used innocent civilians and children for their suicide bombing
campaign. I cannot send you that information at the moment because the International
Criminal Court “may” not “currently” have jurisdiction to investigate their “prior” suicide
bombings campaign.
VII.
The Hamas trains children in military camps and uses children as soldiers
It has been reported that the Hamas trains and uses children as soldiers. According to The
Times of Israel, the Honorable Issam Yunis (the head of Gaza-based human rights group AlMezan) has stated that the Hamas military camps are a very dangerous development in a
territory where more than half of the population is under 15. I believe that the Hamas is
indoctrinating children and exploiting them. To this day there have been no attempts to
stop the Hamas from using child soldiers or to stop the Hamas from training children at their
military campus.
According to the Gatestone Institute, the children at the Hamas military camps are teaching
children how to raid an Israeli military base and kill and capture IDF soldiers. Children in the
Hamas military campus are taught that their role models are suicide bombers and
individuals who are and were responsible for killing Israelis. Mr. Mr. Khalil al-Hayah, a Senior
Hamas official, is reported to have told children at the military camps that they are being
trained for jihad against Israelis.
I strongly believe that the Hamas is exploiting thousands of children for political purposes
and is conscripting or enlisting children under the age of 15 years, or using them to
participate actively in hostilities. There is no exception of the law that the Hamas can use to
justify child soldiers even if the children’s service is voluntary. To this day there have been
no prosecutions made against the individuals with the Hamas that are responsible for this
violation of and to the law.
(1) This picture was taken on January 29, 2015. It shows youth in Palestine being in a
graduation ceremony as part of a military training camp that is run by the Hamas
movement in Khan Yunis, in the southern Gaza Strip.
AFP photo/Said Khatib
(2) This picture was taken on January 29th, 2015. It shows Palestinian youth at a Hamas
graduation ceremony as part of a military training camp in Khan Yunis, in the southern
Gaza Strip.
AFP photo/Said Khatib
(3) This picture was taken on January 29, 2015. It shows Palestinian youth at a graduation
ceremony as part of a military training camp run by the Hamas in Khan Yunis, which is
in the southern Gaza Strip.
AFP photo/Said Khatib
(4) The date that this picture was taken is unknown; however it allegedly shows children
who are recruits of the Hamas movements.
Source: Google.com/images and et cetera. Credit Unknown
(5) The date of the picture is unknown. It shows Hamas officials greeting child soldiers or
children who have participated in their military camps
Source: Google.com/images. Credit Unknown
(6) This picture was taken on January 29, 2015. It shows “some” Palestinian youth at a
graduation ceremony as part of a military training camp run by the Hamas movement
in Khan Yunis, in the southern Gaza Strip.
(Reuters)
(7) This is a picture of a youth at a military camp in Palestine. This picture may have been
taken in 2015.
(AFP)
VIII.
Conclusion
It is extremely imperative for the Office of the Prosecutor of the International Criminal Court
to investigate my assertions and to please carry out a thorough unbiased investigation into
this very serious and concerning conflict. The Hamas is obligated under international law to
fall under certain rules in armed conflict situations. The Hamas has not done so and they
have targeted innocent Israeli civilians and their own people who are and who were “hors
de combat.”
I am not against the Palestinian people or against Palestine. I am not anti-Muslim or antiIslam. This letter is not being sent to you due to “politics” but because war crimes, crimes
against humanity and genocide absolutely cannot be tolerated.
According to the ICC President Judge Sang-Hyun Song, has said that “we must be united in
our resolve to defeat impunity. Therefore I am officially submitting this complaint to the
Office of the Prosecutor of the International Criminal Court. I want there to be peace. Albert
Einstein once said that the “world will not be destroyed by those who do evil, but by those
who watch them without doing anything.” Let’s make sure that is not the case regarding this
very important and serious case.
IX.
Acknowledgement Letter
An acknowledgement letter would be great appreciated. You can reach me by email at:
[email protected]. You can also send me a letter to my mailing address which is at:
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
Respectfully,
Isaiah X. Smith
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
www.isaiahxsmith.com
ATTACHMENT A
Attn: Hon. Benjamin Netanyahu
ID: LFG-2015-IL-0013
Prime Minister's Office
3 Kaplan St. Hakirya
Jerusalem 91950
State of Israel
Sent via: Mail
December 3rd, 2015
Re: Request for the State of Israel to accept the jurisdiction of the International Criminal Court by
becoming a party to the Rome Statute
Honorable Prime Minister Benjamin Netanyahu,
My name is Isaiah X. Smith and I am sending you this letter for the purpose of requesting the State of
Israel to accept the jurisdiction of the International Criminal Court by becoming a party to the Rome
Statute. I urge your government to carefully review this letter and to respond appropriately to this
letter.
I.
General Information
The State of Israel is a country in West Asia. The government of the State of Israel can be
defined as a “unitary parliamentary republic.” As you may already know, the State of Israel
is being bombarded by bombs that are being launched by individuals from other territories
in which innocent, children, women and men are dying. The perpetrators are not being
brought to justice and it seems as if the attacks against Israel are not stopping. Bombs flying
into Israel must stop. I strongly believe that all of us have a “birth” right to have life, liberty
and to pursue a good quality pursuit of happiness.
Despite the number of serious violations that are occurring in the State of Israel, there are
no prosecutions being made by the International Criminal Court against the violators for
their crimes. The State of Israel today is not a party to the Rome Statute. Therefore the
International Criminal Court does not have jurisdiction to investigate assertions of the Rome
Statute being violated on Israeli soil, unless the situation is referred by the United Nations
Security Council. The United Nations Security Council is fully aware of the situation in Iraq
and Syria and they have failed to make a recommendation to the International Criminal
Court for an investigation. This is not because of necessarily “deliberate indifference” but
because of “politics.” But please keep in mind that if individuals are launching the “bombs”
from states that are parties of the Rome Statute, the International Criminal Court would
theoretically have jurisdiction to investigate violations of the Rome Statute regarding the
actions of the individuals that took place on their country.
Page 1 of 4
II.
International Criminal Court’s jurisdiction after the State of Israel accepts jurisdiction of
the court by becoming a party to the Rome Statute
The government of Israel can accept jurisdiction of the International Criminal Court
pursuant to Article 12, paragraph 3 of the Rome Statute. The International Criminal Court
will then be able to investigate all assertions made by a state party or by any individual that
is in regards to violations of the Rome Statute that have or that is occurring; after the year
of 2001. The prosecutor can and has the ability to start his or her own investigation into an
alleged crime, at his or her will, “proprio motu.” See Article 15 (1) R.S.
I would absolutely love to send a letter to the Office of the Prosecutor of the International
Criminal Court regarding the bombs that are being flown by individuals into the State of
Israel. The Office of the Prosecutor would theoretically have jurisdiction to investigate if the
aggressive violations “initially” took place in states that were a party to the Rome Statute.
An example would be if an individual launches a bomb from a state that is a member of the
Rome Statute and the bomb lands on Israeli soil for the purpose of targeting Israeli citizens.
I strongly believe that the International Criminal Court would have more of a jurisdiction to
investigate all of the serious and concerning crimes that are occurring against Israeli citizens
on Israeli soil.
III.
The International Criminal Court is an important court and should be used to prosecute
individuals that have violated the Rome Statute
The International Criminal Court is an extremely important court. In order to help make sure
that the prevention and “fair” prosecution of individuals engaging in or who have engaged
in crimes against humanity, genocide or the crime of aggression, the high court was
established for that specific purpose. Therefore it is extremely important for the
International Criminal Court to exist in our World and to be used. As a world, we cannot
afford to have another “Adolf Hitler.”
Adolf Hitler back in the day had a lot of social, political and economic power. A lot of
individuals in a society may not be prosecuted because of the social, political or the
economic power that personage has. That is another reason why the International Criminal
Court is an extremely important high court because under the law all are and should be
treated equally. No one should be treated superior due to their social, economic or political
power.
Successful prosecutions made by the International Criminal Court
The Office of the Prosecutor has made successful prosecutions as to individuals who have
been charged with violating the Rome Statute. In the Prosecutor v. Thomas Lubanga Dyilo,
the International Criminal Court found Mr. Dyilo guilty of the war crimes and conscripting of
children and using them to participate actively in hostilities. For other examples, see as
Page 2 of 4
follows: the Prosecutor v. Germain Katanga, the Prosecutor v. Bosco Ntaganda, the
Prosecutor v. Callixte Mbarushimana and et cetera.
IV.
Conclusion
I strongly and firmly believe that joining the International Criminal Court would be an
extremely intelligent and wise decision for the State of Israel to make. Bombs that have
been flown in from other states that have targeted innocent Israeli citizens must be
prosecuted and cannot be tolerated. It is extremely imperative for individuals that have
been in violation of the Rome Statute to face justice through our legal system because
regardless of an individual’s accused crimes, all should have a right to have a fair and justice
trial.
Terrorists and extremists have to be stopped and they have to be held accountable for their
actions. Please remember that the fastest and the best way for immediate action to be
taken against violators to the Rome Statute in your country is by accepting jurisdiction of
the International Criminal Court by becoming a party to the Rome Statute. Therefore I am
specifically asking the government of the State of Israel to officially do so. The benefits
would be great if your government decided to do so. Plus the “international community”
would have “direct evidence” and more of an assurance that the government of the State of
Israel is doing everything that they can do for the purpose of trying to hold “all” violators of
the Rome Statute accountable for their actions. Specifically that the government of the
State of Israel has and is “exhausting” all of their resources for the purpose of trying to
prosecute and trying to re-establish peace and stability in their country.
Albert Einstein once said that the world will not be destroyed by those who do evil, but by
those who watch them without doing anything. Let’s help prevent that from occurring by
accepting jurisdiction of the International Criminal Court by becoming a party to the Rome
Statute. Doing so is imperative for justice, the national security of the State of Israel and for
world peace.
Lastly please know that this letter is not legal advice and it not intended to be taken as legal
advice. All information that is listed in this letter is true and correct to the best of my
research and knowledge. I again am sending you this letter because I strongly believe that
Israeli citizens have a domestic constitutional and an international right to have life, liberty
and to “obtain a good quality pursuit of happiness.”
V.
Acknowledgement Letter
A response to this letter would be greatly appreciated. You can reach me via electronic mail
at: [email protected]. You can also reach me via mail at:
Page 3 of 4
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
Respectfully,
Isaiah X. Smith
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
www.isaiahxsmith.com
Page 4 of 4
ATTACHMENT B
INTERNATIONAL CRIMINAL COURT’S
ACKNOWLEDGMENT LETTER
Le Bureau du Procureur
The Office of the Prosecutor
Our reference: OTP-CR-418/15
The Hague, 5 January 2016
Dear Sir, Madam
The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your
documents/letter.
This communication has been duly entered in the Communications Register of the Office. We
will give consideration to this communication, as appropriate, in accordance with the provisions of
the Rome Statute of the International Criminal Court.
Please note this acknowledgement letter does not mean an investigation has been opened, nor
that an investigation will be opened by the Office of the Prosecutor.
As soon as a decision is reached, we will inform you, in writing, and provide you with
reasons for this decision.
Yours sincerely,
Mark P. Dillon
Head of Information & Evidence Unit
Office of The Prosecutor
Isaiah X. Smith
[email protected]
Post Office Box 19519, 2500 CM The Hague, The Netherlands
Boîte postale 19519, 2500 CM La Haye, Pays Bas
Telephone / Téléphone: + 31 70 5158515 • Facsimile / Télécopie: + 31 70 5158555 • http://www.icc-cpi.int
Le Bureau du Procureur
The Office of the Prosecutor
Notre référence :
OTP-CR-418/15
La Haye, le 5 janvier 2016
Madame, Monsieur,
Le Bureau du Procureur de la Cour pénale internationale accuse réception de vos documents /
de votre lettre.
Les informations y figurant ont été inscrites comme il se doit au registre des communications
du Bureau et recevront toute l’attention voulue, conformément aux dispositions du Statut de Rome
de la Cour pénale internationale.
Veuillez noter que cet accusé de réception ne signifie en aucun cas qu’une enquête a été ou
sera ouverte par le Bureau du Procureur.
Nous ne manquerons pas de vous communiquer par écrit la décision qui aura été prise à ce
sujet, ainsi que les motivations qui la justifient.
Veuillez agréer, Madame, Monsieur, l’assurance de notre considération distinguée.
Mark P. Dillon
Chef de l’Unité des informations et des éléments de preuve
Bureau du Procureur
Isaiah X. Smith
[email protected]
INTERNATIONAL CRIMINAL COURT’S LETTER
CONFIRMATION AS TO AN ANALYIZATION OF THE
SITUATION LISTED IN MY LETTER TO THEM
Le Bureau du Procureur
The Office of the Prosecutor
Our Reference:
OTP-CR-418/15
The Hague, Tuesday, 19 January 2016
Dear Sir, Madam
On behalf of the Prosecutor, I thank you for your communication received on 18/12/2015, as well as any
subsequent related information.
The Office is analyzing the situation identified in your communication, with the assistance of other
related communications and other available information. Under Article 53 of the Rome Statute, the Prosecutor
must consider whether there is a reasonable basis to believe that crimes within the jurisdiction of the Court have
been committed, the gravity of the crimes, whether national systems are investigating and prosecuting the
relevant crimes, and the interests of justice. Analysis will be carried out as expeditiously as possible, but please
be aware that meaningful analysis of these factors can take some time.
As soon as a decision is taken on whether there is a reasonable basis to proceed with an investigation,
we will advise you promptly and we will provide reasons for the decision.
We thank you for your interest in the ICC. If you would like to learn more about the ICC, please
consult our website at www.icc-cpi.int. If you would like to learn more about how the Office carries out
analysis of information, please see our policy paper and the annex to that paper, on the Office webpage at the
website above.
Yours sincerely,
Isaiah X. Smith
[email protected]
M.P. Dillon
Head of the Information & Evidence Unit
Office of the Prosecutor
Post Office Box 19519, 2500 CM The Hague, The Netherlands
Boîte postale 19519, 2500 CM La Haye, Pays Bas
Telephone / Téléphone: + 31 70 5158515 • Facsimile / Télécopie: + 31 70 5158555 • http://www.icc-cpi.int
Le Bureau du Procureur
The Office of the Prosecutor
Notre référence:
OTP-CR-418/15
La Haye, mardi 19 janvier 2016
Madame, Monsieur,
Au nom du Procureur, nous vous remercions de votre communication, reçue le 18/12/2015, ainsi que de
tout autre renseignement connexe envoyé subséquemment.
Le Bureau du Procureur procède à l’analyse de la situation décrite dans votre communication, en
s’appuyant sur des communications connexes et d’autres renseignements disponibles. Aux termes de l’article 53
du Statut de Rome, le Procureur doit établir s’il existe une base raisonnable pour croire que des crimes relevant
de la compétence de la Cour ont été commis, examiner la gravité des crimes, déterminer si des systèmes
nationaux enquêtent sur les crimes en question et intentent des poursuites, et considérer les intérêts de la
justice. L’analyse se déroulera aussi rapidement que possible, mais nous vous rappelons qu’une analyse
approfondie de ces facteurs peut prendre un certain temps.
Dès qu’une décision aura été prise concernant l’existence d’une base raisonnable pour ouvrir une
enquête, nous vous en aviserons aussitôt et nous vous fournirons les raisons qui ont motivé la décision.
Si vous désirez en apprendre davantage sur la CPI, vous pouvez consulter notre site Web, au www.icccpi.int. Si vous souhaitez en savoir plus sur la façon dont le Bureau du Procureur effectue l’analyse des
renseignements, vous trouverez notre document directif et son annexe sur la page Web du Bureau du Procureur
à partir du lien indiqué précédemment.
Nous vous remercions de l’intérêt porté à la CPI et vous prions, Madame, Monsieur, de recevoir nos
salutations cordiales.
Isaiah X. Smith
[email protected]
M.P. Dillon
Chef de l’unité des informations et
des éléments de preuve
Bureau du Procureur
Post Office Box 19519, 2500 CM The Hague, The Netherlands
Boîte postale 19519, 2500 CM La Haye, Pays Bas
Telephone / Téléphone: + 31 70 5158515 • Facsimile / Télécopie: + 31 70 5158555 • http://www.icc-cpi.int
ID: LFG-2015-ICC-0014
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
[email protected]
Sent via: Electronic mail
December 17th, 2015
Re: Request for investigation into violations of the Rome Statute
Honorable Fatou Bensouda,
My name is Isaiah X. Smith and I am sending this letter to the Office of the Prosecutor of the
International Criminal Court for the purpose of requesting an investigation into a various number of
violations of the Rome Statute. The crimes that are listed in this letter are extremely serious and
extremely concerning. I urge you and your office to read this letter and to respond appropriately to this
letter.
I.
General information
The State of Palestine is located in the Middle East. On November 15th, 1988 they declared
their independence through the Palestinian Liberation Organization, also known as the
“PLO.” The State of Palestine claims that the West Bank and the Gaza strip are its territory.
The Palestinian authority filed for official recognition as a “state” to the United Nations in
2011. In 2012 the United Nations responded to their request by granting them a “nonmember observer state” status.
Most of this letter is in regards to the Hamas. The Hamas is a Palestinian Islamic Extremist
Organization that operates in Palestine. The Hamas is a designated terrorist organization by
the European Union, Canada, Israel, Egypt, and Japan and especially by the United States of
America. Since the 1990s the Hamas’s military wing known as the “Izz al-Din al-Qassam
Brigades” has conducted a countless number of attacks against Israeli civilians, Palestinians
and et cetera. Specifically the attacks have included large-scale bombings against Israeli
civilian targets, small-arms attacks, improvised roadside explosives, and a “MASSIVE”
number of rocket and mortar attacks launched from Palestine into Israel.
In June of 2008 the Hamas had formally entered into a six-month agreement with Israel that
significantly reduced the number of rocket attacks. Despite of the agreement, the Hamas
still kept on attacking Israel. Currently in 2015 and prior to 2015 the Hamas has been
responsible for a countless number of war crimes, crimes against humanity and genocide.
II.
This complaint is regarding violations of and to the Rome Statute that the International
Criminal Court has jurisdiction to investigate
I strongly believe that the crimes that the Hamas and other groups committed against Israeli
civilians, Israel and the Palestinian people are genocide, crimes against humanity and war
crimes. I believe that the crimes were "committed as part of a widespread or systematic
attack directed against any civilian population, with knowledge of the attack." I also believe
that the crimes were committed "with intent to destroy, in which or in part, a national,
ethnical, racial or religious group, as such."
I would respectfully request your office to investigate the following that I am accusing
mostly the Hamas and somewhat the Omar Brigades of being involved in:
1. Intentionally directing attacks against the civilian population as such or against
individual civilians not taking direct part in hostilities;
2. Intentionally directing attacks against buildings, material, medical units and transport,
and personnel using the distinctive emblems of the Geneva Conventions in conformity
with international law;
3. Intentionally directing attacks against personnel, installations, material, units or vehicles
involved in a humanitarian assistance of peacekeeping mission according with the
Charter of the United nations, as long as they are entitled to the protection given to
civilians or civilian objections under the international law of armed conflict;
4. Intentionally directing attacks against buildings dedicated to religion, education, art,
science or charitable purpose, historic monuments, hospitals and places where the sick
and wounded are collected, provided they are not military objectives;
5. The crime against humanity of murder, the crime against humanity of other inhumane
acts, the crime against humanity of extermination, and the forcible transfer of
population is a crime against humanity
6. Conscripting or enlisting children under the age of 15 years, or using them to participate
actively in hostilities
7. Willfully causing great suffering or serious injury to body or health of individuals
8. Any other non-mentioned violations that the Hamas, the Omar Brigades and any other
group has been involved in; and any other non-mentioned laws that the Office of the
Prosecutor of the International Criminal Court can use to prosecute
III.
Individuals that this complaint is in regards to and et cetera
1. Mr. Khaled Meshaal, Leader of the Hamas, for his individual criminal responsibility and
or any other way the Office of the Prosecutor sees fit
2. Mr. Khaled Mashal, Chief of the Political Bureau of the Hamas, for his individual criminal
responsibility and any other way that the Office of the Prosecutor sees fit
3. Mr. Mousa Abu Marzouq, Deputy Chief of the Political Bureau of the Hamas, for his
individual criminal responsibility and any other way that the Office of the Prosecutor
sees fit
4. Mr. Khalil al-Hayah, Senior Hamas Official, for his individual criminal responsibility and
any other way that the Office of the Prosecutor sees fit
5. Mr. Ismail Haniyeh, Top Hamas Official in the Gaza strip, for his individual criminal
responsibility and any other way that the Office of the Prosecutor sees fit
6. Members of the Hamas’s military wing that are responsible for the direct involvement of
the ordering of events that can be defined as war crimes, crimes against humanity and
genocide; as in their individual criminal responsibility and or in any other way that the
Office of the Prosecutor sees fit
7. Leaders and members of the “Omar Brigades” in which are responsible for the direct
involvement of the ordering of events that can be defined as war crimes, crimes against
humanity and genocide; in their individual criminal responsibility and or in any other
way that the Office of the Prosecutor sees fit
IV.
The jurisdiction of the International Criminal Court
The State of Israel is not party to the Rome Statute. Therefore I have officially asked the
State of Israel to accept the jurisdiction of the International Criminal Court by becoming a
party to the Rome Statute. See Attachment A below. However despite that I strongly
believe that the Office of the Prosecutor still has jurisdiction to investigate my assertions
due to the fact that Palestine is a State Party to the Rome Statute. See Attachment B below.
The government of Palestine has accepted the jurisdiction of the International Criminal
Court and has officially become a State Party to the Rome Statute on January 1st, 2015.
Therefore the Office of the Prosecutor of the International Criminal Court does have
jurisdiction to investigate violations of the Rome Statute that have been committed. Your
office has even opened a preliminary examination into the situation in Palestine in order to
establish whether the Rome Statute criteria for opening an investigation were met.
As you may already know, the International Criminal Court does have jurisdiction to
investigate war crimes "in particular when committed as part of a plan or policy or as part of
a large-scale commission of such crimes." The Rome Statute criminalizes violations of
Common Article 3 by listing acts which constitute war crimes when "committed against
persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and people who are “hors de combat” by sickness, wounds, detention
or any other cause." One of these listed acts is "violence to life and person, in particular
murder of all kinds, mutilation, cruel treatment and torture."
As I have stated before, I believe that a lot of the crimes that are in this complaint were and
are "committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack." I also believe that the crimes were and that are
committed "with intent to destroy, in which or in part, a national, ethnical, racial or religious
group, as such." Another thing that is listed in this complaint is the fact that I believe that
the Hamas is “conscripting or enlisting children under the age of 15 years, or using them to
participate actively in hostilities.”
The International Criminal Court has the authority and the power to investigate war crimes,
crimes against humanity and genocide. I am specifically asking the International Criminal
Court to investigate those things.
V.
Information as to rockets and mortars that were fired mostly by the Hamas from Palestine
into the State of Israel
“Qassam Rockets” and other types of attacks have been launched by the Hamas for the
purpose of striking Israel. I strongly believe that the use of rockets to attack civilians may
amount to genocide and/or crimes against humanity in regards to when were not
committed in connection with Operation Cast Lead.
Year of 2014:
1. Month of June, 2014: The Hamas launched a large amount rockets aimed for Israel into Israel.
“Some” of the dates and information are as follows:
A. June 14th, 2014: The Hamas launched approximately 3 rockets and approximately
2 of the rockets hit the Hof Ashkelon regional council in Israel
B. June 15, 2014: The Hamas launched approximately 4 rockets into the Ashkelon
City and approximately 2 out of those approximate 4 rockets were intercepted by
an Israeli Iron Dome
C. June 16th, 2014: The Hamas launched approximately one rocket into the Ashkelon
region of Israel
D. June 18th, 2014: The Hamas launched approximately 2 rockets into the Sha'ar
Hanegev Regional Council’s community
E. June 19th, 2014: The Hamas launched approximately one rocket from Palestine
into the City of Sderot, Israel. Then they launched approximately one rocket at the
City of Ashkelon, Israel which was intercepted by an Israeli Iron Dome
F. June 20th, 2014: The Hamas launched approximately one rocket from Palestine
that was aimed for the Hof Ashkelon area in Israel. The rocket misguided and it hit
their own territory (Palestinian territory).
G. June 21st, 2014: The Hamas launched approximately one rocket from Palestine
into the Hof Ashkelon Regional Council of Israel. That group then launched a
rocket at the Sdot Negev and Sha'ar HaNegev Regional Councils in Israel
H. June 24th, 2014: The Hamas launched several rockets from Palestine into South
Israel. The rockets were aimed at inhabited populations in Israel. Two of those
rockets were intercepted by an Israeli Iron Dome
I. June 27th, 2014: The Hamas exploded a mortar near the border of the Gaza strip
and Israel. In the evening approximately 6 rockets were launched from Palestine
towards inhabited areas of the State of Israel. Approximately 4 rockets fell in the
open field. Approximately 2 rockets were intercepted by an Israeli Iron Dome
J. June 28th 2014: The Hamas launched several rockets from Palestine into Israel
K. June 29th, 2014: The Hamas launched approximately 4 rockets from Palestine into
Israel
L. June 30th, 2014: The Hamas launched approximately 16 rockets into the Eshkol
Regional Council region and the Sedot Negev Regional Council.
2. Month of July, 2014: The Hamas launched approximately 300 plus rockets into Israel during
the State of Israel’s “Operation Protective Edge.”
A. July 1st, 2014: The Hamas launched approximately 4 rockets and
approximately 5 mortars into Israel
B. July 2nd, 2014: The Hamas launched approximately 13 rockets and
approximately 6 mortars into Israel
C. July 3rd, 2014: The Hamas launched approximately 13 rockets into Israel
D. July 4th, 2014: The Hamas launched approximately 21 rockets and
approximately 4 mortars into Israel
E. Juy 5th, 2014: The Hamas launched approximately 11rockets and
approximately 6 mortars into Israel
F. July 6th, 214: The Hamas launched approximately 30 rockets into Israel
G. July 7th, 2014: The Hamas launched approximately 80 rockets into Israel
H. July 8th, 2014: The Hamas launched approximately 156 rockets into Israel
I. July 9th, 2014: The Hamas launched approximately 130 rockets into Israel
J. July 10th, 2014: The Hamas launched approximately 197 rockets into Israel. It
was reported that at least 1 innocent civilian was injured
K. July 11th, 2014: The Hamas launched approximately 138 rockets into Israel. It
was reported that at least 7 innocent civilians were injured
L. July 12th 2014: The Hamas launched approximately 125 rockets into Israel. At
least 2 innocent civilians were injured
M. July 13th, 2014: The Hamas launched approximately 150 rockets into Israel.
N. July 14th, 2014: The Hamas launched approximately 122 rockets into Israel. At
least 3 innocent civilians were injured
O. July 15th, 2014: The Hamas launched approximately 146 rockets into Israel. At
least 1 innocent civilian was killed at least 4 civilians were injured
P. July 16th, 2014: The Hamas launched approximately 110 rockets into Israel
Q. July 17th, 2014: The Hamas launched approximately 162 rockets into Israel. At
least 1 civilian died and 21 civilians were injured
R. July 18th, 2014: The Hamas launched approximately 124 rockets into Israel
S. July 19th, 2014: The Hamas launched approximately 116 rockets into Israel. It
was reported that at least 6 civilians were injured
T. July 20th, 2014: The Hamas launched approximately 87 rockets into Israel
U. July 21st, 2014: The Hamas launched approximately 139 rockets into Israel
V. July 22nd, 2014: The Hamas launched at approximately 90 rockets into Israel.
At least one civilian was injured
W. July 23rd, 2014: Approximately 98 rockets were launched by the Hamas into
Israel
X. July 24th, 2014: The Hamas launched approximately 63 rockets into Israel. At
least one innocent civilian died and one was injured
Y. July 25th, 2014: The Hamas launched at least 80 rockets into Israel
Z. July 26th, 2014: The Hamas launched at least 22 rockets into Israel
AA. July 27th, 2014: The Hamas launched at least 71 rockets into Israel. At least one
innocent civilian was injured.
BB. July 28th, 2014: The Hamas launched at least 66 rockets into Israel. It was
reported that 4 innocent civilians died and 7 were injured.
CC. July 29th 2014: The Hamas launched at least 79 rockets into Israel
DD. July 30th, 2014: The Hamas launched at least 141 rockets into Israel
EE. July 31st, 2014: The Hamas launched at least 95 rockets into Israel which killed
5 civilians and injured 7 innocent civilians
3. Month of August, 2014: The Hamas launched approximately 168 plus rockets into Israel.
“Some” of the dates and information are as follows:
A. August 20th, 2014: The Hamas launched approximately 168 rockets that day
towards Israel.
4. Month of September, 2014:
A. September 16th, 2014: The Hamas fired a mortar into Israel that hit Israeli soil near
the Eshkol and Sdot Negev region
5. Month of October, 2014:
A. October 31st, 2014: The Hamas launched a rocket from Palestine that hit South
Israel
6. December, 2014:
A. The Hamas fired a rocket from Palestine that hit an area near Israel’s Eshkol
Regional Council region
Year of 2015:
1. Month of April, 2015: The Hamas launched approximately 1 rocket from Palestine
into Israel. “Some” of the information regarding that is listed below:
A. April 23rd, 2015: Approximately 1 rocket was launched by the Hamas in
Palestine into Israel during the Israeli Independence Day Holiday.
2. Month of May, 2015: The Hamas launched approximately 1 rocket from Palestine
into Israel. “Some” of the information regarding this is listed below:
A. May 26th, 2015: The Hamas launched a rocket from Palestine into
Southern Israel
3. Month of June, 2015: The Omar Brigades launched approximately two rockets
from Palestine into Israel. “Some” of the information regarding this is listed
below:
A. June 2nd, 2015: The Omar Brigades launched approximately two rockets
from Palestine into Israel that has struck Southern Israel near Ashkelon,
Israel.
B. June 6th, 2015: The “Omar Brigades” launched approximately two rockets
from Palestine into Israel in an attempt to try to provoke a war between
the Hamas and the State of Israel. The Omar Brigades group has claimed
responsibility for that rocket attack
4. Month of July, 2015: The Hamas launched approximately one rocket from
Palestine into Israel. “Some” of the information regarding this is listed below:
A. July 16th, 2015: The Hamas launched approximately one rocket from
Palestine into the Hof Ashkelon council in Israel
5. Month of August, 2015: The Hamas has launched approximately
A. August 1st, 2015: The Hamas launched approximately two rockets into Israel
B. August 7th, 2015: The Hamas launched approximately three rockets into Israel
from Palestine
6. Month of September, 2015: The Hamas and the sheikh Omar Hadid Brigade
launched rockets into Israel. “Some” of the information regarding this is as
follows:
A. September 20th, 2015: Approximately two rockets were fired from Palestine
into Israel. The sheikh Omar Hadid Brigade was believed to be responsible.
B. September 30th, 2015: Approximately 1 rocket was fired by the Hamas into
Israel.
7. Month of October, 2015:
A. October 4th, 2014: The Hamas fired approximately two rockets from Palestine
into Israel and the rockets were headed towards Israeli populated areas.
B. October 9th, 2015: The Hamas fired rockets from Palestine into Israel and the
rickets misfired and hit Palestine.
C. October 10th, 2015: The Hamas launched multiple rockets into Israel
D. October 21str, 2015: The Hamas launched approximately 1 rocket from
Palestine and it exploded in Israel's Sha'ar Hanegev region
E. October 26th, 2015: The Hamas launched a rocket into South Israel
8. Month of November, 2015:
A. November 9th, 2015: The Hamas launched approximately one rocket that hit
the Sha'ar Hanegev regional council in Israel
B. November 9th, 2015: The Hamas launched approximately one rocket that hit
South Israel
C. November 23rd, 2015: The Hamas launched approximately one rocket into
Israel
9. Month of December, 2015:
A. December 13th, 2015: The Hamas launched approximately one rocket that
landed in Shaar HaNegev, Israel
VI.
Suicide bombings that the Hamas is possibly responsible for
I strongly believe that suicide bombings to attack civilians may amount to genocide and/or
crimes against humanity. Due to some jurisdiction issues regarding the suicide bombing
details, I have included “only” the information that the court has jurisdiction to investigate.
1. October 11th, 2015: Ma'ale Adumim attempted to participate in a suicide bombing. She
is a female suicide bomber who detonated a bomb in her car after being stopped by
traffic police officials on the road from Ma'ale Adumim to Jerusalem. It was reported
that one person was injured.
If and when the State of Israel becomes a party to the Rome Statute, I will send you more
information as to “all” of the suicide bombings that have been ordered by the Hamas. The
Hamas in the past has used innocent civilians and children for their suicide bombing
campaign. I cannot send you that information at the moment because the International
Criminal Court “may” not “currently” have jurisdiction to investigate their “prior” suicide
bombings campaign.
VII.
The Hamas trains children in military camps and uses children as soldiers
It has been reported that the Hamas trains and uses children as soldiers. According to The
Times of Israel, the Honorable Issam Yunis (the head of Gaza-based human rights group AlMezan) has stated that the Hamas military camps are a very dangerous development in a
territory where more than half of the population is under 15. I believe that the Hamas is
indoctrinating children and exploiting them. To this day there have been no attempts to
stop the Hamas from using child soldiers or to stop the Hamas from training children at their
military campus.
According to the Gatestone Institute, the children at the Hamas military camps are teaching
children how to raid an Israeli military base and kill and capture IDF soldiers. Children in the
Hamas military campus are taught that their role models are suicide bombers and
individuals who are and were responsible for killing Israelis. Mr. Mr. Khalil al-Hayah, a Senior
Hamas official, is reported to have told children at the military camps that they are being
trained for jihad against Israelis.
I strongly believe that the Hamas is exploiting thousands of children for political purposes
and is conscripting or enlisting children under the age of 15 years, or using them to
participate actively in hostilities. There is no exception of the law that the Hamas can use to
justify child soldiers even if the children’s service is voluntary. To this day there have been
no prosecutions made against the individuals with the Hamas that are responsible for this
violation of and to the law.
(1) This picture was taken on January 29, 2015. It shows youth in Palestine being in a
graduation ceremony as part of a military training camp that is run by the Hamas
movement in Khan Yunis, in the southern Gaza Strip.
AFP photo/Said Khatib
(2) This picture was taken on January 29th, 2015. It shows Palestinian youth at a Hamas
graduation ceremony as part of a military training camp in Khan Yunis, in the southern
Gaza Strip.
AFP photo/Said Khatib
(3) This picture was taken on January 29, 2015. It shows Palestinian youth at a graduation
ceremony as part of a military training camp run by the Hamas in Khan Yunis, which is
in the southern Gaza Strip.
AFP photo/Said Khatib
(4) The date that this picture was taken is unknown; however it allegedly shows children
who are recruits of the Hamas movements.
Source: Google.com/images and et cetera. Credit Unknown
(5) The date of the picture is unknown. It shows Hamas officials greeting child soldiers or
children who have participated in their military camps
Source: Google.com/images. Credit Unknown
(6) This picture was taken on January 29, 2015. It shows “some” Palestinian youth at a
graduation ceremony as part of a military training camp run by the Hamas movement
in Khan Yunis, in the southern Gaza Strip.
(Reuters)
(7) This is a picture of a youth at a military camp in Palestine. This picture may have been
taken in 2015.
(AFP)
VIII.
Conclusion
It is extremely imperative for the Office of the Prosecutor of the International Criminal Court
to investigate my assertions and to please carry out a thorough unbiased investigation into
this very serious and concerning conflict. The Hamas is obligated under international law to
fall under certain rules in armed conflict situations. The Hamas has not done so and they
have targeted innocent Israeli civilians and their own people who are and who were “hors
de combat.”
I am not against the Palestinian people or against Palestine. I am not anti-Muslim or antiIslam. This letter is not being sent to you due to “politics” but because war crimes, crimes
against humanity and genocide absolutely cannot be tolerated.
According to the ICC President Judge Sang-Hyun Song, has said that “we must be united in
our resolve to defeat impunity. Therefore I am officially submitting this complaint to the
Office of the Prosecutor of the International Criminal Court. I want there to be peace. Albert
Einstein once said that the “world will not be destroyed by those who do evil, but by those
who watch them without doing anything.” Let’s make sure that is not the case regarding this
very important and serious case.
IX.
Acknowledgement Letter
An acknowledgement letter would be great appreciated. You can reach me by email at:
[email protected]. You can also send me a letter to my mailing address which is at:
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
Respectfully,
Isaiah X. Smith
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
www.isaiahxsmith.com
ATTACHMENT A
Attn: Hon. Benjamin Netanyahu
ID: LFG-2015-IL-0013
Prime Minister's Office
3 Kaplan St. Hakirya
Jerusalem 91950
State of Israel
Sent via: Mail
December 3rd, 2015
Re: Request for the State of Israel to accept the jurisdiction of the International Criminal Court by
becoming a party to the Rome Statute
Honorable Prime Minister Benjamin Netanyahu,
My name is Isaiah X. Smith and I am sending you this letter for the purpose of requesting the State of
Israel to accept the jurisdiction of the International Criminal Court by becoming a party to the Rome
Statute. I urge your government to carefully review this letter and to respond appropriately to this
letter.
I.
General Information
The State of Israel is a country in West Asia. The government of the State of Israel can be
defined as a “unitary parliamentary republic.” As you may already know, the State of Israel
is being bombarded by bombs that are being launched by individuals from other territories
in which innocent, children, women and men are dying. The perpetrators are not being
brought to justice and it seems as if the attacks against Israel are not stopping. Bombs flying
into Israel must stop. I strongly believe that all of us have a “birth” right to have life, liberty
and to pursue a good quality pursuit of happiness.
Despite the number of serious violations that are occurring in the State of Israel, there are
no prosecutions being made by the International Criminal Court against the violators for
their crimes. The State of Israel today is not a party to the Rome Statute. Therefore the
International Criminal Court does not have jurisdiction to investigate assertions of the Rome
Statute being violated on Israeli soil, unless the situation is referred by the United Nations
Security Council. The United Nations Security Council is fully aware of the situation in Iraq
and Syria and they have failed to make a recommendation to the International Criminal
Court for an investigation. This is not because of necessarily “deliberate indifference” but
because of “politics.” But please keep in mind that if individuals are launching the “bombs”
from states that are parties of the Rome Statute, the International Criminal Court would
theoretically have jurisdiction to investigate violations of the Rome Statute regarding the
actions of the individuals that took place on their country.
Page 1 of 4
II.
International Criminal Court’s jurisdiction after the State of Israel accepts jurisdiction of
the court by becoming a party to the Rome Statute
The government of Israel can accept jurisdiction of the International Criminal Court
pursuant to Article 12, paragraph 3 of the Rome Statute. The International Criminal Court
will then be able to investigate all assertions made by a state party or by any individual that
is in regards to violations of the Rome Statute that have or that is occurring; after the year
of 2001. The prosecutor can and has the ability to start his or her own investigation into an
alleged crime, at his or her will, “proprio motu.” See Article 15 (1) R.S.
I would absolutely love to send a letter to the Office of the Prosecutor of the International
Criminal Court regarding the bombs that are being flown by individuals into the State of
Israel. The Office of the Prosecutor would theoretically have jurisdiction to investigate if the
aggressive violations “initially” took place in states that were a party to the Rome Statute.
An example would be if an individual launches a bomb from a state that is a member of the
Rome Statute and the bomb lands on Israeli soil for the purpose of targeting Israeli citizens.
I strongly believe that the International Criminal Court would have more of a jurisdiction to
investigate all of the serious and concerning crimes that are occurring against Israeli citizens
on Israeli soil.
III.
The International Criminal Court is an important court and should be used to prosecute
individuals that have violated the Rome Statute
The International Criminal Court is an extremely important court. In order to help make sure
that the prevention and “fair” prosecution of individuals engaging in or who have engaged
in crimes against humanity, genocide or the crime of aggression, the high court was
established for that specific purpose. Therefore it is extremely important for the
International Criminal Court to exist in our World and to be used. As a world, we cannot
afford to have another “Adolf Hitler.”
Adolf Hitler back in the day had a lot of social, political and economic power. A lot of
individuals in a society may not be prosecuted because of the social, political or the
economic power that personage has. That is another reason why the International Criminal
Court is an extremely important high court because under the law all are and should be
treated equally. No one should be treated superior due to their social, economic or political
power.
Successful prosecutions made by the International Criminal Court
The Office of the Prosecutor has made successful prosecutions as to individuals who have
been charged with violating the Rome Statute. In the Prosecutor v. Thomas Lubanga Dyilo,
the International Criminal Court found Mr. Dyilo guilty of the war crimes and conscripting of
children and using them to participate actively in hostilities. For other examples, see as
Page 2 of 4
follows: the Prosecutor v. Germain Katanga, the Prosecutor v. Bosco Ntaganda, the
Prosecutor v. Callixte Mbarushimana and et cetera.
IV.
Conclusion
I strongly and firmly believe that joining the International Criminal Court would be an
extremely intelligent and wise decision for the State of Israel to make. Bombs that have
been flown in from other states that have targeted innocent Israeli citizens must be
prosecuted and cannot be tolerated. It is extremely imperative for individuals that have
been in violation of the Rome Statute to face justice through our legal system because
regardless of an individual’s accused crimes, all should have a right to have a fair and justice
trial.
Terrorists and extremists have to be stopped and they have to be held accountable for their
actions. Please remember that the fastest and the best way for immediate action to be
taken against violators to the Rome Statute in your country is by accepting jurisdiction of
the International Criminal Court by becoming a party to the Rome Statute. Therefore I am
specifically asking the government of the State of Israel to officially do so. The benefits
would be great if your government decided to do so. Plus the “international community”
would have “direct evidence” and more of an assurance that the government of the State of
Israel is doing everything that they can do for the purpose of trying to hold “all” violators of
the Rome Statute accountable for their actions. Specifically that the government of the
State of Israel has and is “exhausting” all of their resources for the purpose of trying to
prosecute and trying to re-establish peace and stability in their country.
Albert Einstein once said that the world will not be destroyed by those who do evil, but by
those who watch them without doing anything. Let’s help prevent that from occurring by
accepting jurisdiction of the International Criminal Court by becoming a party to the Rome
Statute. Doing so is imperative for justice, the national security of the State of Israel and for
world peace.
Lastly please know that this letter is not legal advice and it not intended to be taken as legal
advice. All information that is listed in this letter is true and correct to the best of my
research and knowledge. I again am sending you this letter because I strongly believe that
Israeli citizens have a domestic constitutional and an international right to have life, liberty
and to “obtain a good quality pursuit of happiness.”
V.
Acknowledgement Letter
A response to this letter would be greatly appreciated. You can reach me via electronic mail
at: [email protected]. You can also reach me via mail at:
Page 3 of 4
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
Respectfully,
Isaiah X. Smith
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
www.isaiahxsmith.com
Page 4 of 4
ATTACHMENT B
INTERNATIONAL CRIMINAL COURT’S
ACKNOWLEDGMENT LETTER
Le Bureau du Procureur
The Office of the Prosecutor
Our reference: OTP-CR-418/15
The Hague, 5 January 2016
Dear Sir, Madam
The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your
documents/letter.
This communication has been duly entered in the Communications Register of the Office. We
will give consideration to this communication, as appropriate, in accordance with the provisions of
the Rome Statute of the International Criminal Court.
Please note this acknowledgement letter does not mean an investigation has been opened, nor
that an investigation will be opened by the Office of the Prosecutor.
As soon as a decision is reached, we will inform you, in writing, and provide you with
reasons for this decision.
Yours sincerely,
Mark P. Dillon
Head of Information & Evidence Unit
Office of The Prosecutor
Isaiah X. Smith
[email protected]
Post Office Box 19519, 2500 CM The Hague, The Netherlands
Boîte postale 19519, 2500 CM La Haye, Pays Bas
Telephone / Téléphone: + 31 70 5158515 • Facsimile / Télécopie: + 31 70 5158555 • http://www.icc-cpi.int
Le Bureau du Procureur
The Office of the Prosecutor
Notre référence :
OTP-CR-418/15
La Haye, le 5 janvier 2016
Madame, Monsieur,
Le Bureau du Procureur de la Cour pénale internationale accuse réception de vos documents /
de votre lettre.
Les informations y figurant ont été inscrites comme il se doit au registre des communications
du Bureau et recevront toute l’attention voulue, conformément aux dispositions du Statut de Rome
de la Cour pénale internationale.
Veuillez noter que cet accusé de réception ne signifie en aucun cas qu’une enquête a été ou
sera ouverte par le Bureau du Procureur.
Nous ne manquerons pas de vous communiquer par écrit la décision qui aura été prise à ce
sujet, ainsi que les motivations qui la justifient.
Veuillez agréer, Madame, Monsieur, l’assurance de notre considération distinguée.
Mark P. Dillon
Chef de l’Unité des informations et des éléments de preuve
Bureau du Procureur
Isaiah X. Smith
[email protected]
INTERNATIONAL CRIMINAL COURT’S LETTER
CONFIRMATION AS TO AN ANALYIZATION OF THE
SITUATION LISTED IN MY LETTER TO THEM
Le Bureau du Procureur
The Office of the Prosecutor
Our Reference:
OTP-CR-418/15
The Hague, Tuesday, 19 January 2016
Dear Sir, Madam
On behalf of the Prosecutor, I thank you for your communication received on 18/12/2015, as well as any
subsequent related information.
The Office is analyzing the situation identified in your communication, with the assistance of other
related communications and other available information. Under Article 53 of the Rome Statute, the Prosecutor
must consider whether there is a reasonable basis to believe that crimes within the jurisdiction of the Court have
been committed, the gravity of the crimes, whether national systems are investigating and prosecuting the
relevant crimes, and the interests of justice. Analysis will be carried out as expeditiously as possible, but please
be aware that meaningful analysis of these factors can take some time.
As soon as a decision is taken on whether there is a reasonable basis to proceed with an investigation,
we will advise you promptly and we will provide reasons for the decision.
We thank you for your interest in the ICC. If you would like to learn more about the ICC, please
consult our website at www.icc-cpi.int. If you would like to learn more about how the Office carries out
analysis of information, please see our policy paper and the annex to that paper, on the Office webpage at the
website above.
Yours sincerely,
Isaiah X. Smith
[email protected]
M.P. Dillon
Head of the Information & Evidence Unit
Office of the Prosecutor
Post Office Box 19519, 2500 CM The Hague, The Netherlands
Boîte postale 19519, 2500 CM La Haye, Pays Bas
Telephone / Téléphone: + 31 70 5158515 • Facsimile / Télécopie: + 31 70 5158555 • http://www.icc-cpi.int
Le Bureau du Procureur
The Office of the Prosecutor
Notre référence:
OTP-CR-418/15
La Haye, mardi 19 janvier 2016
Madame, Monsieur,
Au nom du Procureur, nous vous remercions de votre communication, reçue le 18/12/2015, ainsi que de
tout autre renseignement connexe envoyé subséquemment.
Le Bureau du Procureur procède à l’analyse de la situation décrite dans votre communication, en
s’appuyant sur des communications connexes et d’autres renseignements disponibles. Aux termes de l’article 53
du Statut de Rome, le Procureur doit établir s’il existe une base raisonnable pour croire que des crimes relevant
de la compétence de la Cour ont été commis, examiner la gravité des crimes, déterminer si des systèmes
nationaux enquêtent sur les crimes en question et intentent des poursuites, et considérer les intérêts de la
justice. L’analyse se déroulera aussi rapidement que possible, mais nous vous rappelons qu’une analyse
approfondie de ces facteurs peut prendre un certain temps.
Dès qu’une décision aura été prise concernant l’existence d’une base raisonnable pour ouvrir une
enquête, nous vous en aviserons aussitôt et nous vous fournirons les raisons qui ont motivé la décision.
Si vous désirez en apprendre davantage sur la CPI, vous pouvez consulter notre site Web, au www.icccpi.int. Si vous souhaitez en savoir plus sur la façon dont le Bureau du Procureur effectue l’analyse des
renseignements, vous trouverez notre document directif et son annexe sur la page Web du Bureau du Procureur
à partir du lien indiqué précédemment.
Nous vous remercions de l’intérêt porté à la CPI et vous prions, Madame, Monsieur, de recevoir nos
salutations cordiales.
Isaiah X. Smith
[email protected]
M.P. Dillon
Chef de l’unité des informations et
des éléments de preuve
Bureau du Procureur
Post Office Box 19519, 2500 CM The Hague, The Netherlands
Boîte postale 19519, 2500 CM La Haye, Pays Bas
Telephone / Téléphone: + 31 70 5158515 • Facsimile / Télécopie: + 31 70 5158555 • http://www.icc-cpi.int
