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Criminal complaint against elected officials for complicity in war crimes in Gaza

Bryson Ripley, Margot Patterson, Ann Suellentrop, Ian Munro, Chris Overfelt, Jeff Humfeld (L to R)
Bryson Ripley, Margot Patterson, Ann Suellentrop, Ian Munro, Chris Overfelt, Jeff Humfeld (L to R)

Christopher Overfelt sent letters to Karim A.A. Khan, the Chief Prosecutor of the International Criminal Court in The Hague, accusing Representative Sharice Davids and Senator Jerry Moran of complicity in war crimes committed in Gaza through their votes approving financial support for Israel during the current Israel-Hamas war. Before mailing these letters, Chris visited local offices of Davids and Moran with several supporters are read the letters to local staff members of Davids and Moran. Below please find the text of the letter regarding Senator Moran. The letter regarding Representative Davids was similar.

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Karim Ahmad Khan

To the office of the ICC prosecutor, Karim A.A. Khan, K.C.,

As a constituent of the Honorable Jerry Moran, Senator for the state of Kansas in the United States of America, I hereby ask your office to investigate and prosecute Jerry Moran and his staff, to include but not limited to, James Kelly, Mark Crowley, Christiana Reasor, Emily Whitfield, and Alex Richard, for aiding and abetting Israeli war crimes in the province of Gaza through their yea vote in the Senate on House Resolution 2882 on the 23rd of March, 2024.

H.R. 2882 contains within its text provisions to give the criminal state of Israel 3.8 billion dollars of American taxpayer money through the year 2024, in addition to prohibiting any American taxpayer money going to UNRWA, the United Nations agency charged with providing aid to internally displaced Palestinians. The money given to Israel by Jerry Moran has been and will be used to commit war crimes in Gaza and the West Bank, and his vote to defund UNRWA provides direct assistance to Israel in their goal of the deliberate starvation and extermination of the people of Palestine.

The 3.8 billion dollars provided by the U.S. to Israel is part of a Memorandum of Understanding signed by Barack Obama in 2016. By including this Memorandum and its Foreign Military Financing to Israel in H.R. 2882, and by voting yea for this bill, Jerry Moran has provided evidence for his complicity in Israel’s war crimes in Gaza. This money will be used by Israel to buy these weapons from these companies, as listed below:

Boeing : The world’s fifth largest weapons manufacturer, Boeing manufactures F-15 fighter jets and Apache AH-64 attack helicopters, which the Israeli Air Force has used extensively in all of its attacks on Gaza and Lebanon, including in 2023. Boeing also manufactures multiple types of unguided small diameter bombs (SDBs) and Joint Direct Attack Munition (JDAM) kits, which convert these bombs into precision-guided munitions. Israel has been using these bombs extensively, including in a Nov. 1 bombing of Gaza’s Jabalia refugee camp, which killed hundreds of Palestinian civilians and could amount to a war crime, according to the UN High Commissioner for Human Rights. On Oct. 10 and 22, the Israeli military used bombs equipped with Boeing JDAM kits to carry out what Amnesty International calls “unlawful air strikes on homes full of civilians in the occupied Gaza Strip.” The attacks, which could amount to a war crime, killed 24 people of the al-Najjar family and 19 people of the Abu Mu’eileq family. Immediately after Oct. 7, Boeing expedited delivery of 1,000 smart bombs, and another 1,800 JDAM kits, to Israel. Both deliveries were part of a 2021 order that Israel made during its previous large-scale attack on Gaza.

Caterpillar : For decades, Caterpillar has been supplying Israel with the D9 armored bulldozer, which the Israeli military routinely uses to demolish Palestinian homes and civilian infrastructure in the occupied West Bank and to enforce the blockade of the Gaza Strip. Armored D9 bulldozers have been crucial for Israel’s ground invasion of the Gaza Strip, accompanying combat troops and paving their way by clearing roads and demolishing buildings. D9 bulldozers were also used in raids of Palestinian cities in the occupied West Bank, including Jenin and Tulkarem, where a bulldozer was used to destroy a memorial to former Palestinian president Yasser Arafat. Deliberate destruction of cultural heritage sites during an armed conflict can constitute a war crime. On Dec. 16, Israeli bulldozers were reportedly “running over and crushing displaced people inside their tents in Beit Lahia’s Kamal Adwan Hospital courtyard,” killing several people in the process. In February, Caterpillar bulldozers and other heavy machinery participated in building a new road that runs across the Gaza Strip from east to west, designed to facilitate Israeli long-term “logistical and military control in the region.” Israel placed an urgent order for dozens of additional D9 armored bulldozers after Oct. 7. Some of Israel’s D9T bulldozers have been converted into remote-controlled or semi-autonomous vehicles so that they can operate without a driver in “complex,” “high-risk areas.” In November, Israel Aerospace Industries, the company that converts the bulldozers, modified more units for the Israeli military for its operations in Gaza.

Colt’s Manufacturing Company makes firearms, including the M16, which was the standard-issue assault rifle used by the Israeli military from the 1990s to the early 2010s. Many older M16 rifles are still in use by the Israeli military and police. Israel requested to purchase from Colt about 18,000 M4 and MK18 assault rifles, out of 24,000 total assault rifles from U.S. companies. Israel designates these firearms for newly-formed civilian “security squads” in dozens of cities and towns, including illegal Israeli settlements in the occupied West Bank. U.S. State Department officials, who have to approve the sale of automatic rifles, expressed concerns that these weapons will be used to expel Palestinian civilians from their land in the occupied West Bank.

Day and Zimmerman: A privately owned munitions manufacturer headquartered in Philadelphia. It operates the Iowa Army Ammunition Plant (IAAP), which has been the source of much of the artillery munitions used by the Israeli military, including 155mm rounds, fired by Israel’s M109 howitzer guns, and 120mm M830A1 High Explosive Anti-Tank (HEAT) rounds, fired by Israel’s Merkava battle tanks. In November, Israeli tanks fired M830A1 rounds as part of their attack on a U.N. school in Gaza. The serial number on one of the rounds suggests that it was made at IAAP by Mason & Hanger in December 1990. On January 29, Israeli tanks fired M830A1 rounds as part of their attack that killed 6-year-old Hind Rajab, her six family members, and the medics that attempted to rescue her, in the Gaza neighborhood of Tel al-Hawa. The serial number on an exploded round found inside the ambulance suggests that it was made at IAAP by Mason & Hanger in November 1996. In December, the U.S. government used emergency measures to approve sending Israel an estimated number of 14,000 M830A1 tank rounds, without congressional review. The transfer, from the existing inventory of the U.S. Army, is worth $106.5 million, funded by U.S. taxpayer’s money.

General Dynamics: The world’s sixth largest weapons manufacturer, General Dynamics, supplies Israel with artillery ammunition and bombs for attack jets used in Israel’s assault on Gaza. The company developed the F-16 fighter jet, although it has been manufactured by Lockheed Martin since 1993. General Dynamics is the only company in the U.S. that makes the metal bodies of the MK-80 bomb series, the primary weapon type Israel uses to bomb Gaza. The bodies of the bombs are filled with explosives by the U.S. military, and then can be made into a guided bomb using Boeing‘s JDAM kits. It is also the only company in the U.S. that makes 155mm caliber artillery shells, which have been used extensively to attack Gaza. One source reported that, by Nov. 25, one Israeli brigade fired some 10,000 such shells using BAE’s M109 howitzer. 155mm shells have been part of the U.S.’s recent weapons shipments to Israel. The U.S. is planning to send “tens of thousands of 155mm artillery shells that had been destined for Ukraine” to Israel. Their use by Israel, according to Oxfam, is “virtually assured to be indiscriminate, unlawful, and devastating to civilians in Gaza.” On Nov. 13, more than 30 organizations issued a letter opposing the transfer. On an Oct. 25 call with investors, General Dynamics CFO, Jason Aiken, said, “I think if you look at the incremental demand potential coming out of [the attacks on Gaza], the biggest one to highlight and that really sticks out is probably on the artillery side.”

Lockheed Martin: The world’s largest weapons manufacturer, Lockheed Martin supplies Israel with F-16 and F-35 fighter jets, which Israel has been using extensively to bomb Gaza. Israel also uses the company’s C-130 Hercules transport planes to support the ground invasion of Gaza. Lockheed Martin manufactures AGM-114 Hellfire missiles for Israel’s Apache helicopters. One of the main weapon types used in aerial attacks on Gaza, these missiles have been used extensively in 2023. Some 2,000 Hellfire missiles were delivered to Israel sometime between Oct. 7 and Nov. 14. On Nov. 9, an Israeli missile hit journalists sitting near Shifa Hospital in Gaza City. The missile was reportedly a Lockheed Martin–made Hellfire R9X missile, a version of the Hellfire that was developed by the CIA for carrying out assassinations. Instead of exploding, the missile shreds its target using blades, allowing for a direct hit without collateral damage. The target in this case was not a military one. On an Oct. 17 call with investors, Lockheed Martin CEO, Jim Taiclet, “highlighted the Israel and Ukraine conflicts as potential drivers for increased revenue in the coming years.”

Northrop Grumman: The world’s sixth largest weapons manufacturer, Northrop Grumman supplies the Israeli Air Force with the Longbow missile delivery system for its Apache attack helicopters and laser weapon delivery systems for its fighter jets. It has also supplied the Israeli Navy with Sa’ar 5 warships, which have participated in the assault on Gaza. On Dec. 15, Northrop Grumman was awarded an $8.9 million contract for 30mm MK44 Stretch cannons for the Israeli military, funded by U.S. taxpayers’ money. The weapons will be manufactured in Mesa, Arizona, with an expected completion date of March 2025. Israel uses these guns on its Namer Armored Personnel Carrier, which has been used extensively in Gaza.

Raytheon RTX Corp: The world’s second largest weapons manufacturer and largest producer of guided missiles, RTX supplies the Israeli Air Force with guided air-to-surface missiles for its F-16 fighter jets, as well as cluster bombs and bunker busters, which have consistently been used against Gaza’s civilian population and infrastructure. RTX subsidiary Pratt & Whitney manufactures engines for F-15 and F-16 fighter jets. As part of a joint venture with Israeli state-owned weapons manufacturer Rafael, RTX makes interceptors for Israel’s Iron Dome air defense system, which have been part of the U.S.’s recent weapons shipments to Israel. On an Oct. 24 call with investors, RTX CEO, Greg Hayes, said, “I think really across the entire Raytheon portfolio, you’re going to see a benefit of this restocking.”

Through his yea vote for H.R. 2882 on March 23, 2024, Jerry Moran and his staff have provided ample evidence that they are aiding and abetting Israel’s war crimes in Gaza. This further 3.8 billion dollars will without a doubt be used to commit war crimes by Israel using the American weapons listed above, and Jerry Moran’s vote to defund UNRWA is a clear intent to starve the people of Gaza to death.

Israel has razed 77 percent of healthcare facilities in Gaza, 68 percent of telecommunication infrastructure, nearly all municipal and governmental buildings, commercial, industrial and agricultural centers, almost half of all roads, over 60 percent of Gaza’s 439,000 homes, 68 percent of residential buildings — the bombing of the Al-Taj tower in Gaza City on Oct. 25, killed 101 people, including 44 children and 37 women, and injured hundreds — and obliterated refugee camps. The attack on the Jabalia refugee camp on Oct. 25 killed at least 126 civilians, including 69 children, and injured 280. Israel has damaged or destroyed Gaza’s universities, all of which are now closed, and 60 percent of other educational facilities, including 13 libraries. It has also destroyed at least 195 heritage sites, including 208 mosques, churches, and Gaza’s Central Archives that held 150 years of historical records and documents.

Israel’s warplanes, missiles, drones, tanks, artillery shells and naval guns daily pulverize Gaza — which is only 20 miles long and five miles wide — in a scorched earth campaign unlike anything seen since the war in Vietnam. It has dropped 25,000 tons of explosives — equivalent to two nuclear bombs — on Gaza, many targets selected by Artificial Intelligence. It drops unguided munitions (“dumb bombs”) and 2000-pound “bunker buster” bombs on refugee camps and densely packed urban centers as well as the so-called “safe zones” — 42 percent of Palestinians killed have been in these “safe zones” where they were instructed by Israel to flee. Over 1.7 million Palestinians have been displaced from their homes, forced to find refuge in overcrowded UNRWA shelters, hospital corridors and courtyards, schools, tents or the open air in south Gaza, often living next to fetid pools of raw sewage.

Israel has killed at least 32,705 Palestinians in Gaza, including 13,000 children and 9,000 women. This means Israel is slaughtering as many as 187 people a day including 75 children. It has killed 136 journalists, many, if not most of them deliberately targeted. It has killed 340 doctors, nurses and other health workers — four percent of Gaza’s healthcare personnel. These numbers do not begin to reflect the actual death toll since only those dead registered in morgues and hospitals, most of which no longer function, are counted. The death toll, when those who are missing are counted, is well over 40,000.

Doctors are forced to amputate limbs without anesthetic. Those with severe medical conditions — cancer, diabetes, heart disease, kidney disease — have died from lack of treatment or will die soon. Over a hundred women give birth every day, with little to no medical care. Miscarriages are up by 300 percent. Over 90 percent of the Palestinians in Gaza suffer from severe food insecurity with people eating animal feed and grass. Children are dying of starvation. Palestinian writers, academics, scientists and their family members have been tracked and assassinated. Over 75,000 Palestinians have been wounded, many of whom will be crippled for life.

“Seventy percent of recorded deaths have consistently been women and children,” writes Francesca Albanese, the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, in her report issued on March 25.

In scale, we have not seen an assault on the Palestinians of this magnitude, but all these measures – the killing of civilians, dispossession of land, arbitrary detention, torture, disappearances, closures imposed on Palestinians towns and villages, house demolitions, revoking residence permits, deportation, destruction of the infrastructure that maintains civil society, military occupation, dehumanizing language, theft of natural resources, especially aquifers — have long defined Israel’s campaign to eradicate Palestinians.

The occupation and genocide would not be possible without the U.S. which gives Israel $3.8 billion in annual military assistance and is now sending another $2.5 billion in bombs, including 1,800 MK84 2,000-pound bombs, 500 MK82 500-pound bombs and fighter jets to Israel. Through various political action committees, Jerry Moran and his staff accept tens of thousands of dollars in campaign contributions from the companies listed above, as well as AIPAC. Jerry Moran and his staff are well aware of Israel’s genocidal intent, and their funding of the Israeli military makes them complicit in Israel’s war crimes. I ask that you investigate and prosecute these individuals in an international court of law consistent with the principles of human rights, so that they may be held accountable for their wanton murder of the people of Palestine and their open betrayal of myself and their other constituents.

Christopher Overfelt

Kansas City, KS

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