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Israel Wants to Establish Special Court for Hamas Fighters

Pictures of prisoners held by Hamas on the wall of a synagogue in Berlin on Friday (EPA)
Pictures of prisoners held by Hamas on the wall of a synagogue in Berlin on Friday (EPA)
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Israel Wants to Establish Special Court for Hamas Fighters

Pictures of prisoners held by Hamas on the wall of a synagogue in Berlin on Friday (EPA)
Pictures of prisoners held by Hamas on the wall of a synagogue in Berlin on Friday (EPA)

Israel is planning to form a special tribunal panel to oversee the cases of detained Hamas fighters who participated in the Oct. 7 attack.

The Israeli public broadcaster, Kan, said that the government's legal advisor, the attorney's office, the court administration, and the public defender's office are all in agreement that regular criminal law isn't the correct avenue to try those who took part in Hamas's Oct. 7 attack.

Israel arrested about 200 Hamas fighters after nearly 3,000 members stormed the Gaza Strip, leaving more than 1,400 Israelis dead and 2,500 wounded, in addition to about 250 hostages.

Israeli media said that in addition to the 200 detained fighters, others had been arrested from Gaza during the ground operation, without it being clear how many there were and whether they were fighters or civilians.

Discussions between legal bodies about how to prosecute Hamas fighters are ongoing.

However, officials are moving to develop special legislation that would allow the establishment of a special tribunal, whose sessions will be broadcast live, to present a historic legal case against Hamas.

The Israeli Ministry of Justice refused to confirm or deny the report.

On Oct. 24, Energy Minister Israel Katz proposed another method through which the fighters could be brought to trial and then executed.

Katz requested approval to establish a court that would operate under Israeli law to prosecute Nazis and their collaborators.

Israeli law does not allow the death penalty except against Nazis or their collaborators.

Katz said that expanding the law to include Hamas militants would allow them to be executed.

The Minister posted on the X platform that he contacted the Minister of Justice, Yariv Levin, to establish a special military court that applies the law of crimes of Nazis and their aides to Hamas.

He added: "Death sentences will be imposed on those involved in the attack on the State of Israel on Oct. 7."

"The acts of these vile Hamas wretches, who cut off heads and limbs, tortured, burned, raped are no less severe than those of the Nazis," Katz wrote, adding that he didn't consider extending the law to include the Oct. 7 terrorists to be overreach.

It is not the first time that ministers and officials, including Katz himself, have called for the execution of Palestinian prisoners, but it is the first time that officials have proposed applying the Nazi Law.

Currently, there are about 7,000 Palestinian prisoners in Israeli prisons, including 2,000 who were arrested after the al-Aqsa Flood, while Hamas has about 250 Israeli prisoners.

Hamas proposed an "all for all" deal that included the release of all Israelis in exchange for freeing all Palestinian prisoners. It also said it would agree to partial agreements.

Hamas chief in Gaza Yahya Sinwar announced last Saturday that they are ready for an "immediate" exchange deal that includes the release of all Palestinian prisoners in "occupation prisons" in exchange for the release of all "Israeli prisoners held by the resistance."

Sinwar called on the bodies and organizations concerned with prisoners' affairs to consider that they were in permanent session and prepare lists of male and female prisoners held by the occupation ahead of the next stage.

In response, Israeli army spokesman Daniel Hagari described Hamas' willingness to release the prisoners as "psychological terrorism" aiming to pressure Israel.

Israel is trying to liberate its prisoners through the ground operation without striking a deal with Hamas.

Tel Aviv aims to end Hamas, not negotiate with the movement. If Hamas succeeds in concluding a deal, its fighters will be among the released.

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Arab World

Qassem's Threat of Civil War Widely Condemned in Lebanon

Hezbollah's then deputy leader Sheikh Naim Qassem speaks during an interview with The Associated Press in Beirut's southern suburbs, Lebanon, July 2, 2024. (AP)
Hezbollah's then deputy leader Sheikh Naim Qassem speaks during an interview with The Associated Press in Beirut's southern suburbs, Lebanon, July 2, 2024. (AP)
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Qassem's Threat of Civil War Widely Condemned in Lebanon

Hezbollah's then deputy leader Sheikh Naim Qassem speaks during an interview with The Associated Press in Beirut's southern suburbs, Lebanon, July 2, 2024. (AP)
Hezbollah's then deputy leader Sheikh Naim Qassem speaks during an interview with The Associated Press in Beirut's southern suburbs, Lebanon, July 2, 2024. (AP)

Hezbollah Secretary-General Sheikh Naim Qassem's continued refusal to lay down his party's weapons in defiance of the state have sparked outrage in Lebanon.

In a televised address on Saturday, Qassem declared that Hezbollah "will not surrender", accusing Foreign Minister Youssef Raggi of "undermining civil peace and inciting strife." He also called on the government to replace the minister.

Ministerial sources close to the presidency told Asharq Al-Awsat that some of Qassem's remarks were viewed as a response to President Joseph Aoun's recent statements in which he indirectly called on the Iran-backed party to "return to reason and the state and hand over its weapons that have become a burden on its community and Lebanon."

The sources told Asharq Al-Awsat that official "decisions were taken to be implemented. Nothing will change the president's convictions."

Qassem escalated his rhetoric to save face in front of Hezbollah supporters, they added, ruling out the possibility that the party would take its objections to the streets.

The process of imposing state monopoly over arms is on the right path, they stressed.

Meanwhile, officials expressed their outrage over Qassem's remarks.

In a post on the X platform, Justice Minister Adel Nassar said: "Those threatening civil war to preserve their weapons must cease giving lectures about patriotism to a minister in government."

Lebanese Forces MP Razi al-Hajj slammed Hezbollah as a "calamity" on Lebanon. In a post on X, he said: "Naim Qassem is working outside the state, manipulating civil peace, inciting strife and standing against the presidency, government and will of the Lebanese people."

"He refuses to hand over Hezbollah's weapons and makes threats of civil war. Day and night he attacks the Lebanese state's official positions and works against them. Hezbollah is Lebanon's real calamity," he remarked.

LF MP Ghayath Yazbeck slammed Qassem for "verbally" and "morally" assaulting LF ministers, "in complete disregard of ethical principles".

He warned that Qassem’s remarks may be a prelude to the assassination of the ministers and "the assassination of the Lebanese state."

"Our ministers represent dignity, sovereignty and the state," he stressed. Indirectly addressing Qassem, he said: "Act smart. Your predecessors made these mistakes and ended up in history’s trash bin. Haven’t you learned anything?"

Responding to Qassem, Kataeb MP Nadim Gemayel said: "The foreign minister's stance is based on the humiliating agreement that you signed after the 'support war'. Lebanon officially agreed to the deal that effectively embodies the president's swearing in oath and government's policy statement in terms of imposing state monopoly over arms across the country."

In a post on X, he hoped the president and prime minister would issue a clear stance in support of FM Raggi.

Addressing Qassem, LF MP Elias Hankach said on X: "By continuing to rebel against state decisions and threaten the Lebanese people, you have become an outlaw gang."

"Just as the army imposed state monopoly over arms south of the Litani River, it will soon do so to its north," he said.

MP Waddah Sadek slammed Qassem, saying on X: "He himself does not believe what he is saying... He is living in a parallel world while the state continues to firmly reclaim its institutions regardless of the critics."

"The only thing Qassem got right was that Lebanon has indeed entered a new phase," he noted. Addressing the Hezbollah leader, he added: "Your weapons are a burden and no longer serve a purpose."

"For years, we have listened to your speeches and endured defeats and destruction that you brought onto the country. Yours is just another speech that won't make a difference," he stated.

MP Fuad Makhzoumi expressed his rejection of Qassem's statements, saying he is "detached from reality" and posing a "frank challenge to the state and its institutions."

In a post on X, he wrote: "You are part of the government, so how can you object to decisions you were a partner to? Whoever objects to government decisions must resign, not defy the state from the inside."

He urged Hezbollah to commit to the ceasefire, United Nations Security Council resolution 1701, and hand over its weapons, otherwise face the responsibility of violating state decisions.

"No one is above the law in Lebanon and threats have only led to destruction that the Lebanese people alone have paid the price of," he added.

Arab World

Palestinian President’s Advisor: Board of Peace, Related Entities Are a ‘Temporary Arrangement’

Palestinian President Mahmoud Abbas’ advisor Dr. Mahmoud Al-Habbash. WAFA
Palestinian President Mahmoud Abbas’ advisor Dr. Mahmoud Al-Habbash. WAFA
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Palestinian President’s Advisor: Board of Peace, Related Entities Are a ‘Temporary Arrangement’

Palestinian President Mahmoud Abbas’ advisor Dr. Mahmoud Al-Habbash. WAFA
Palestinian President Mahmoud Abbas’ advisor Dr. Mahmoud Al-Habbash. WAFA

Palestinian President Mahmoud Abbas’ advisor Dr. Mahmoud Al-Habbash said that the situation in the Gaza Strip, along with the formation of the Board of Peace and its related entities is not a Palestinian choice.

This is “a temporary arrangement (mandated by the UN Security Council) that the Palestinian leadership rejects under any circumstances... but it is the lesser of two evils,” Al-Habbash told Asharq Al-Awsat.

Speaking from Ramallah, Al-Habbash said that the Palestinian leadership “chose this arrangement to stop the massacre and open a potential window ... leading to a Palestinian state.”

US President Donald Trump announced last week the formation of the Board of Peace, a new body of world leaders meant to oversee next steps in Gaza.

The White House said there would be a main board, chaired by Trump himself, a Palestinian committee of technocrats meant to govern the war-wracked territory, and a second "executive board" that appears designed to have a more advisory role.

“Our clear and firm position is that we did not create this reality,” said Al-Habbash. “Rather, it is a reality imposed on us for two reasons: First, Israel’s aggression ... and second, the reckless adventure carried out by Hamas movement, which whetted Israel’s appetite to liquidate the Palestinian cause.”

According to Al-Habbash, “this transitional arrangement is the least harmful to the Palestinian cause,” because it ensures that Palestinians remain in the Gaza Strip and prevents displacement.

Arab World

UN Human Rights Commissioner Calls for Accountability for Atrocity Crimes in Sudan

UN Human Rights commissioner Volker Turk 
UN Human Rights commissioner Volker Turk 
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UN Human Rights Commissioner Calls for Accountability for Atrocity Crimes in Sudan

UN Human Rights commissioner Volker Turk 
UN Human Rights commissioner Volker Turk 

UN Human Rights commissioner Volker Turk said on Sunday he is alarmed by the increasing militarization of society by all parties to the conflict in Sudan, also expressing his worries that the atrocity crimes committed during and after the takeover of El Fasher would be repeated in the Kordofan region.

Speaking at a press conference in Port Sudan, where the government had been operating as a temporary capital since the conflict began, the UN envoy said the proliferation of advanced military equipment, in particular drones, across Sudan has enhanced the military capabilities of both the Sudanese army (SAF) and the Rapid Support Forces (RSF), prolonging hostilities and deepening the crisis for civilians.

“I am deeply alarmed by the increasing militarization of society by all parties to the conflict, including through the arming of civilians and recruitment and use of children,” Turk noted.

The envoy said that during his visit to refugee camps in north Sudan, he heard accounts of widespread summary executions by RSF during the offensive on El Fasher, the capital of North Darfur region – for revenge, for suspected affiliation with the Sudanese Army or its allied Joint Forces.

He added, “I am very worried that the atrocity crimes committed during and after the takeover of El Fasher are at grave risk of repeating themselves in the Kordofan region, where the conflict has been rapidly escalating since late October.”

Horror and Hell

Turk also said the Sudanese population had endured “horror and hell,” especially with the expansion of the fighting in Kordofan.

“The Kordofan states are extremely volatile, with relentless military engagements, heavy shelling, drone bombardments and airstrikes causing widespread destruction and collapse of essential services,” he warned.

Since the end of October, and after taking control of El Fasher in Darfur, the RSF attacks have expanded into the neighboring Kordofan region, resulting in a continued displacement of civilians from the besieged city – all in the context of extreme food insecurity, with famine conditions confirmed in Kadugli, and risk of famine in other areas including Dilling, according to Turk.

The latest UN figures show that more than 65,000 people have been displaced since October.

At his press conference at Port Sudan airport, the envoy said that during his four-day visit to Port Sudan, Dongola, Ad Dabba and Merowe, he has met with those who have been hardest hit by brutal violence and injustice in this war.

“The terrifying experiences of these survivors must provoke action to end this conflict, and to make sure they can access what they need: medical care, psychosocial care, justice and support to pursue education and a livelihood”.

End This Madness

Turk and his UN team had visited the Al Afad site for internally displaced people (IDPs) in Ad Dabba, where they met with a large number of displaced people from the regions of Darfur and Kordofan.

“In my meetings with more than 50 local and international organizations in Dongola and Port Sudan, I heard appeals directed to those waging this war and the international community to end this madness,” he said.

“And to allow NGOs, journalists, lawyers and humanitarian actors to do their essential work without undue restrictions and reprisals,” Turk added.

He said the RSF and the Sudanese army must cease intolerable attacks against civilian objects that are indispensable to the civilian population, including markets, health facilities, schools and shelters.

“Attacks on critical civilian infrastructure are serious violations that can amount to war crimes,” Turk affirmed.

The UN envoy said the international community must ensure that the perpetrators of the horrific violations in Sudan face justice, regardless of their affiliation.

My Office, he said, is working to document and report on these violations and abuses to pave the way for accountability.

Turk described as “despicable” the fact that large sums of money are being spent on procuring increasingly advanced weaponry – funds he said that should be used to alleviate the suffering of the population.

Protection of Civilians

The envoy then called on all parties to the conflict to ensure the protection of civilians and civilian infrastructure, to guarantee safe passage for civilians to leave areas of active conflict – including Kadugli and Dilling – and for humanitarian aid to enter where it is needed.

He also repeated his call from three years ago, when he last visited Sudan, urging all those involved to set aside entrenched positions, power games, and personal interests, and to focus on the common interests of the Sudanese people.

The envoy then left Sudan with a plea that human rights be central to building confidence and bringing this war to an end, to resuming the difficult task of building a sustainable peace.

“It is difficult, but certainly not impossible, with the resilience and power of the Sudanese people,” he affirmed.