GSF lawyers to pursue ICC action

KUALA LUMPUR: Lawyers representing Malaysians involved in the Global Sumud Flotilla (GSF) 2.0 are preparing to pursue legal action over alleged torture and degrading treatment by Israeli authorities.

Lawyer Dir Kheizwan Kamaruddin, of the Centre for Human Rights Research and Advocacy (Centhra), said the legal team was compiling witness testimonies, medical records, photographic evidence and other documentation before deciding on the most appropriate international legal mechanism, such as proceedings before the International Criminal Court (ICC).

He said the detainees had alleged “far more brutal” treatment compared with detentions during previous missions.

“The allegations being documented include kidnapping, physical assault, intimidation, degrading treatment, deprivation of adequate food and medical care, psychological abuse and the forced removal of the hijab of female detainees,” he told the New Straits Times.

Dir Kheizwan said testimonies from Malaysian activists indicated that some detainees were allegedly beaten, kicked, choked and subjected to prolonged confinement in overcrowded holding areas after their vessels were intercepted.

Among the claims being assessed by the legal team are allegations involving humiliation of Muslim women through the forced removal of the hijab, which he said could amount to degrading and inhumane treatment under international law.

“The forced removal of the hijab from Muslim women detainees raises serious concerns over religious humiliation, attacks on dignity and potentially gender-based persecution.”

Dir Kheizwan said Centhra and other international legal teams were assessing possible violations under international humanitarian law, the United Nations Convention on the Law of the Sea (UNCLOS) and international criminal law.

Potential offences being examined include unlawful detention, torture, cruel and degrading treatment, physical violence and the targeting of volunteers in international waters.

He said they would look into whether the alleged acts fell within the provisions of Articles 7 and 8 of the Rome Statute.

“The legal strategy would likely not rely on a single incident alone, but on the cumulative pattern of conduct, the systematic nature of the alleged abuses, and their nexus to the broader situation involving Gaza and the interception operations,” he said.

Dir Kheizwan said the interception of humanitarian vessels carrying civilians, medical personnel, journalists and volunteers also raised serious concerns under international maritime law.

“The interception of civilian humanitarian vessels in international waters, followed by forcible detention and transfer, raises questions under UNCLOS, customary international maritime law and laws governing naval blockades.”

He said Centhra was working with international legal partners, including through the End Impunity International Coalition established in France, to coordinate legal and advocacy efforts.

Dir Kheizwan said any ICC process would be evidence-driven and jurisdictionally complex, adding that the legal team was not ready to disclose the full legal strategy or specific charges.

© New Straits Times Press (M) Bhd

المصدر: New Straits Times