Appeals dismissal to the Director of Public Prosecutions. Expanding the complaint to the act of genocide

On behalf of Norwegian residents who were in Gaza after October 7, 2023, Defend International Law and ICJ-Norway filed a criminal complaint in November 2023 against three key Israeli leaders for crimes against humanity. In May, the complaint was dismissed by the National Authority for Prosecution of Organized and other Serious Crime (NAST).

Defend International Law and ICJ-Norway have on Wednesday, June 26, appealed the dismissal to the Director of Public Prosecutions and simultaneously expanded the complaint to also include genocide. Director of Public Prosecutions will now decide whether to initiate an investigation into the reported crimes.

The complaint has been filed on behalf of Norwegian citizens and Palestinians residing in Norway who were in Gaza from October 7, 2023. This involves around 300 people based on information provided by the Ministry of Foreign Affairs, including at least 125 children. The crimes are directed against the entire civilian population of Gaza. Since the actions in question were also directed against Norwegian civilian citizens and others permanently residing in Norway who were in Gaza after October 7, Norway has a authority to investigate and prosecute perpetrators abroad.

– Given the extraordinary circumstances of the case, Norway have a human rights obligation to investigate the reported crimes.

The UN The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, has asked all UN member states to initiate investigations under national law and to apply universal jurisdiction in relation to core international crimes committed during the war in Gaza since October 7, 2023, including genocide and crimes against humanity.

– We believe that Norway, as a state, is obligated to investigate the reported crimes, that this duty follows from international law incorporated into Norwegian law, and that the police and prosecution authorities as state organs must fulfill this duty.

The reported crimes against humanity include inhumane acts, murder, mass murder (extermination), forced displacement, and persecution.

The Helsinki Committee, Save the Children, and the UN Special Rapporteur on Human Rights in the Occupied Palestinian Territories have issued statements in support of the complaint. The Norwegian Red Cross has also earlier voiced supported an investigation.

Expanding the Complaint to Include Genocide

Defend International Law and ICJ-Norway have chosen to expand the complaint to also include genocide. Genocide is a collective crime where an intent to destroy can be linked to the power structure or parts of it.

– ICJ-Norway and Defend International Law believe that it is highly probable that relevant acts with the intent of destruction have been committed against the Palestinian group in Gaza.

Important for the Norwegian Victims

Even though Defend International Law and ICJ-Norway believe that it is unlikely that an investigation will end in a trial where the accused actually appear before a Norwegian court, it is important to investigate due to the seriousness of the case and the consideration of the approximately 300 Norwegian victims.

– For these individuals, it is of great importance that the case is investigated in Norway, that the investigation may lead to indictment, and to requests for extradition or arrest warrants through Interpol.

The consideration for the protection and care of the Norwegian citizens affected by the reported crimes has been almost entirely absent both during the long period it took for Kripos and NAST to address the complaint and in the final assessment made.

– The victims have felt largely overlooked by Norwegian police and prosecuting authorities; on the contrary, the impression is that they feel completely ignored.

As far as Defend International Law and ICJ-Norway are aware, none of those reported by us as authorized representatives have been called for interviews or followed up in any way other than through very general information that may have included details about a tip reception.

– It does not seem that Kripos has understood the seriousness of the situation for the Norwegian Palestinians and, not least, their surviving family and relatives in Gaza. Several have reported that they do not want to tell about their experiences for fear that information will be leaked and subsequently used for targeted Israeli attacks against family members in Gaza.

-Palestine Not Capable of Investigating

Ideally, the investigation and prosecution should have been conducted where the crimes were committed. However, Palestine is an occupied territory and not a functioning state:

– Palestine does not have an independent prosecuting authority that in the foreseeable future will have the real ability to prosecute Israeli leaders for genocide.

Norway, like other states parties, must be prepared to take its share of the responsibility to combat impunity for, among other things, genocide and crimes against humanity if there is national jurisdiction, as in this case.

Contact:
Kjell M Brygfjeld, President of Defend International Law and attorney, +4790873793
Terje Einarsen, President of ICJ-Norway and Professor of Law, +47906 29307