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ICC Hints Foreign Fighters in Libya Could Face Prosecution

Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda. Reuters
Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda. Reuters
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ICC Hints Foreign Fighters in Libya Could Face Prosecution

Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda. Reuters
Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda. Reuters

Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda told the UN Security Council on Monday that mercenaries and armed groups involved in the Libyan conflict could face prosecution.

“I must emphasize that crimes committed by mercenaries and foreign fighters on Libyan territory may fall under the jurisdiction of the Court, no matter the nationality of the persons involved,” she said.

In her last briefing to the Council on the Libya situation before the end of her mandate on June 15, Bensouda said her Office has received concerning information about the activities of mercenaries and foreign fighters in Libya.

“This information is consistent with the findings of UNSMIL Panel of Experts reports. The Office fully supports the call for these armed groups and individuals to leave Libya without delay,” she said.

The UN estimates that there are at least 20,000 foreign fighters and mercenaries in Libya.

Bensouda also encouraged the Council and all UN member states to once again convey a clear and firm message to leaders and commanders, be they military or civilian, and all parties and armed groups involved in the Libya conflict that the rules of international humanitarian law must be respected and that those who defy such rules will be held individually responsible.

Also, the Chief Prosecutor said her office collected credible information and evidence on serious crimes allegedly committed in official and unofficial detention facilities in Libya.

“Further credible reports detail the summary conviction and sentencing of civilians to long prison sentences including handing of death penalty by Military Courts in eastern Libya following secret trials devoid of fair trial guarantees,” she said.

UNSMIL says more than 8,850 individuals are arbitrarily detained at 28 official prisons in Libya in Judicial Police custody with an estimated 60 to 70 percent in pre-trial detention. An additional 10,000 individuals are detained in other detention facilities run by militia and armed groups including about 480 women and 63 juveniles and children.

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Smotrich Again Calls For Reduction of Half of Gaza’s Population

Settler activists dance at a conference calling for the establishment of Jewish settlements in Gaza, close to the Israel-Gaza border, October 21, 2024. (Jeremy Sharon/Times of Israel)
Settler activists dance at a conference calling for the establishment of Jewish settlements in Gaza, close to the Israel-Gaza border, October 21, 2024. (Jeremy Sharon/Times of Israel)
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Smotrich Again Calls For Reduction of Half of Gaza’s Population

Settler activists dance at a conference calling for the establishment of Jewish settlements in Gaza, close to the Israel-Gaza border, October 21, 2024. (Jeremy Sharon/Times of Israel)
Settler activists dance at a conference calling for the establishment of Jewish settlements in Gaza, close to the Israel-Gaza border, October 21, 2024. (Jeremy Sharon/Times of Israel)

Israeli Finance Minister Bezalel Smotrich on Monday again called for the occupation of the Gaza Strip and the reduction of its Palestinian population “by half within two years,” raising concerns about the presence of similar plans.
Speaking at a conference organized by the Yesha Council, an umbrella group representing Israeli municipalities in the West Bank, Smotrich said that “it is possible to create a situation where Gaza’s population will be reduced to half its current size in two years.”
“It won’t cost too much money. Even if it does, we should not be afraid to pay for it,” he added.
Smotrich’s calls for the occupation of Gaza are not new. However, they reflect the unstated goals of the current war in Gaza, including a prolonged occupation, military rule and rebuilding of settlements.
Israel continues to announce that its goals of the Gaza war are the “elimination of Hamas” and “returning of the captives.” However, developments in Tel Aviv and the Gaza Strip do not support such claims.
Israeli Prime Minister Benjamin Netanyahu has not yet announced a plan for the post-war phase in Gaza, where Israel is working to deepen its control by expanding the axes it holds and establishing permanent military outposts.
Meanwhile, Smotrich’s speech revealed that the minister is setting a budget for the occupation of Gaza.
He said that “Occupying Gaza is not a dirty word.”
“If the cost of security control is 5 billion shekels ($1.37 billion), I will accept it with open arms. If that is what it takes to ensure the security of Israel, then so be it,” the Minister added.
He appeared to be referencing concerns raised by members of Israel’s security establishment along with Treasury officials who have warned about the massive implications that occupying Gaza would have on Israel’s economy.
Smotrich insisted that the only way to defeat Hamas is to replace its governing capabilities in Gaza and that Israel is the only party that can do so, even if that means making the Israeli Army responsible for managing the civilian affairs of Palestinians in Gaza.
Smotrich claimed that once the success of “encouraged migration” is proven in Gaza, it can be replicated in the West Bank, where another three million Palestinians live.
The Religious Zionism party chairman has long spoken in favor of annexing large parts of the West Bank and declared earlier this month that US President-elect Donald Trump’s election victory offers an opportunity to see that vision through.
Smotrich was one of several government ministers who attended an event last month calling for the reestablishment of Jewish settlements in Gaza.
Ahead of his attendance at the conference, Smotrich said that territory relinquished by Israel in the past had turned into “Iranian forward terror bases,” and endangered the country.
But is Smotrich capable of reoccupying and rebuilding settlements in Gaza? For many Israelis, the matter depends on how the war in the Strip ends.
In an article published by The Times of Israel, Eran Hildesheim accused Smotrich of trying to convince the public of a new narrative that if Israel achieves its goals in the war and defeats its enemies, peace and security will return to the region.
The author said this narrative aims primarily to prepare the public opinion that the war should continue, while at the same time promoting the vision of rebuilding settlements in the Gaza Strip.
According to Hildesheim, “the end of the war, as Smotrich put it, implies a large land seizure in the Gaza Strip.”
In the first phase, the minister said the army would distribute food to the population.
Later, Smotrich plans a full military rule to directly manage the lives of the Palestinian population. The ultimate goal of this plan is to rebuild settlements in the Gaza Strip.
“Smotrich's vision places an unbearably heavy financial burden on Israel,” Hildesheim wrote.
He added that such a plan would cost about NIS 20 billion per year, not taking into account the costs of rebuilding the Strip.
He said while the state does not currently own this amount, Israel will therefore be forced to adopt an “economy based on God’s help” to get out of this situation peacefully.