(February 5, 2019 / JNS) In an article in The Jerusalem Post “Keep Abbas out of the US,” Itamar Marcus and Nan Jacques Zilberdik of Palestinian Media Watch suggested that the United States should consider having Palestinian Authority leader Abbas investigated under suspicion of heading the program that incentivized the murder of civilians, including Americans.
Indeed, the incitement against Jews, Americans and Europeans to kill them and conquer their countries begun with Arafat and continued under Abbas. This incitement is present in schools, television, radio, Internet, newspapers and sermons. It continues today, and Abbas is not the only one to be investigated.
With a police force numbering some 60,000 to 70,000 men, the Palestinian Authority leaders had the means to prevent criminal acts, but they did nothing to prevent them.
The authors of criminal acts were not punished, and the P.A. practiced the well-known revolving-door policy, which implies that a person arrested and awaiting trial, or a person sentenced to a prison term, is released from prison immediately or after a very short period of time.
Families of suicide-bombers and of “fighting brothers” were granted funds and letters of gratitude. When imprisoned they receive several advantages and a “salary” by the P.A., as acknowledged by the Taylor Force Act. Some are now receiving honorary certificates from Palestinian universities.
The Al-Aqsa Martyrs Brigades, a branch of Fatah, claimed responsibility for several suicide bombings and other attacks perpetrated.
During the hudna (a truce or temporary suspension of hostilities) under Abbas’s tenure as prime minister, from May 2003 to September 2003, 78 persons were murdered. Abbas was elected as head of the P.A. on Jan. 10, 2005. From that day until Sept. 1, 2015, 201 civilians and military were killed, and 646 were injured. From Sept. 2, 2015 through Jan. 18, 2017, 46 civilians were killed, and 56 civilians were wounded. And the killings continued in 2018.
The Charter of the Nuremberg Tribunal establishes individual criminal responsibility whether acting alone or as a member of an organization. Individual criminal responsibility was incorporated in Article 7 of the Statute of the International Tribunal for Former Yugoslavia, and in Article 6 of the Statute of the International Criminal Tribunal for Rwanda both competent to prosecute individuals responsible for crimes committed in the areas specified by their respective statute. With respect to superiors and subordinates, the statute provides that “a superior shall be shall criminally responsible for crimes … committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates.
Abbas was and is a “superior” since he served as prime minister of the P.A. from May 2003 through September 2003; he has served as the head of the P.A. since 2005, and member and then chairman of the Palestine Liberation Organization since 2004. He knew that criminal acts were about to be committed and didn’t take the necessary measures to prevent such acts. He didn’t punish, nor did he ensure that the competent body punishes his subordinates after the acts were committed. He even encouraged them when he stated on Sept. 16, 2015, on the Official Palestinian Television, that the Palestinians will not allow the Jews with their “filthy feet” to “defile our Al-Aqsa Mosque.” A new wave of terror attacks against Israelis was launched immediately after that call under the battle cry of “Al-Aqsa mosque is in danger.”
Interviewed on Feb. 14, 2005, Mahmoud Abbas—chairman of the PLO executive committee, head of the P.A., head of the Fatah organization and prime minister under Arafat made an out of court admission. He admitted that the Palestinian Authority ordered these attacks, that he was among those who ordered them, and that he is responsible for the jailed criminals whose hands are stained with blood: “I call for the release of prisoners because they are human beings. They did what we, the Palestinian Authority, we ordered them to do. … I ordered my son, brother, or others to carry out the duty of resistance. This person killed and the other person killed, so why say this person’s hands are stained with blood and must be kept in prison. … All must be set free. … How will I be viewed by the citizen … ? The ordinary citizen will then ask what I brought him. He will also tell me that I ordered him to do what he did and I am responsible for him.”
Mohammed Dahlan, who headed the P.A. Security Forces confirmed on Saudi Television on June 16, 2007 that the P.A. aided Hamas during the intifada: “Forty percent of the martyrs in this intifada [Terror campaign] belonged to the Palestinian Security Forces. … Hamas has destroyed the Palestinian Authority institutions which served to defend during the intifada half of the Hamas leaders and its military wing … the Palestinian Authority has hidden Hamas members against Israeli actions.”
Mutawakkil Tahah, P.A. Ambassador in Libya stated on Sept. 27, 2013 on the Al Jazeera network: When the 2000-05 intifada broke out, it turned out that 70 percent of the martyrs and of the people who carried out attacks against the occupation were members of the Palestinian Security Forces.”
And Ashraf Al-Ajrami, a former P.A. Minister of Prisoners confirmed on June 2009 on P.A. TV: These [Palestinian Authority security] forces paid the heavy price in the second Intifada (i.e., PA terror campaign, 2000-2005), both as shahids (“martyrs”) and as prisoners. The greatest number of prisoners is from the Security Forces sector. They are the ones who bore arms and carried out the greatest and most important operations [terror attacks] against the Israeli occupation. … These were carried out by the heroes of the Palestinian Security Forces.”
For Imad Al-Faluji, a former P.A. minister for prisoners, “The Intifada Al-Aqsa … Whoever thinks that this intifada started as a result of the despicable visit of Sharon to the Al-Aqsa Mosque is in error. It was merely the straw that broke the patience of the Palestinian people. This intifada was already planned ever since the President’s [Arafat’s] return from the last talks at Camp David, at which [Arafat] he stood up to President Clinton and firmly rejected the American terms in the heart of America.”
Several years later, Suha Arafat, widow of Yasser Arafat, confirmed in an interview aired on Dubai TV on Dec. 16, 2012: “I met him in Paris upon his return, in 2000. Camp David has failed, and he said to me: ‘You should remain in Paris.’ I asked him why, and he said: Because I am going to start an intifada.” Those are sufficient information to detain Abbas and several others in the United States for interrogations.
Then comes the question: How can Israel sign on to President Donald Trump’s “deal of the century” and trust the Palestinian leaders who have blood on their hands and a population of men, women and children who have been educated for years to kill us and to die as martyrs?
* The writer studied law in Paris and New York. He is doctor of law of international organizations and international economic relations from the Sorbonne, an expert in international law and was a member of the International Court of Arbitration of the ICC representing Israel. He is the author of the book, “The Middle East and World War III: Why No Peace?” with a preface by Colonel Richard Kemp, CBE.