Showing posts with label United Nations. Show all posts
Showing posts with label United Nations. Show all posts

Friday, May 10, 2024

Journalists, Historians, and Activists Raz Segal, Medhi Hasan and Palestinian Attorney Diana Buttu On the Vile Genocidal Attack on the City of Rafah in Gaza and What It Means

'This is a Society Awash with War Criminals': Mehdi's Panel of Experts on Israel and Rafah

May 7, 2024

The Israeli military has officially begun to move into the southern Gazan city of Rafah, sending in tanks and taking control of the border crossing with Egypt. The looming full-scale invasion has already been called a “humanitarian nightmare” by the UN secretary-general. In response to these escalations, Mehdi hosted a town hall for Zeteo paid subscribers with Israeli Holocaust scholar Raz Segal and Palestinian lawyer Diana Buttu. Segal, who has previously called Israel’s war on Gaza a “textbook case of genocide,” explained to Mehdi why Israel’s assault on Gaza, and America’s support for it, is about so much more than those in power will ever admit. Zeteo contributor Diana Buttu reminded viewers that Israel’s latest escalations in Rafah are, unfortunately, no surprise, stating that the invasion is what “Netanyahu always wanted.”
 
Founded by Mehdi Hasan, Zeteo has a strong bias for the truth and an unwavering belief in the media’s responsibility to the public. Unfiltered news, bold opinions. For more content from Zeteo, subscribe now www.zeteo.com.
 
VIDEO:  
 

 
 

U.N. General Assembly Adopts Resolution Supporting Palestinian Statehood--U.S. Votes NO While Genocidal War Rages On In Rafah


Live Updated
May 10, 2024
1:00 p.m.


Middle East Crisis: 
 
U.N. General Assembly Adopts Resolution Supporting Palestinian Statehood--U.S. Votes NO
 
 



A United Nations General Assembly vote to declare that Palestinians qualify for full-member status was approved, 143 to 9, with 25 nations abstaining. Credit: Sarah Yenesel/EPA, via Shutterstock

The United Nations General Assembly on Friday overwhelmingly adopted a resolution declaring that Palestinians qualify for full-member status at the United Nations, a highly symbolic move that reflects growing global solidarity with Palestinians and is a rebuke to Israel and the United States.

The resolution was approved by a vote of 143 to 9 with 25 nations abstaining. The Assembly broke into a big applause after the vote. The United States voted no.

The resolution was prepared by the United Arab Emirates, the current chair of the U.N. Arab Group. The 193-member General Assembly took on the issue of Palestinian membership after the United States in April vetoed a resolution before the Security Council to recognize full membership for a Palestinian state. The majority of Council members supported the move, but the United States said recognition of Palestinian statehood should be achieved through negotiations between Israelis and Palestinians.

Anger and frustration at the United States has been brewing for months among many senior U.N. officials and diplomats, including allies such as France, because Washington has repeatedly blocked cease-fire resolutions at the Security Council and has staunchly supported Israel’s war with Hamas in Gaza, even as humanitarian suffering has mounted.

“The U.S. is resigned to having another bad day at the U.N.,” said Richard Gowan, an expert on the United Nations for the International Crisis Group, a conflict prevention organization. But he added that the resolution “gives the Palestinians a boost without creating a breakdown over whether they are or are not now U.N. members.”

The U.N. charter stipulates that the General Assembly can only grant full membership to a nation-state after the approval of the Security Council. Examples of that include the creation of the states of Israel and South Sudan. The resolution adopted on Friday explicitly states that the Palestinian issue is an exception and will not set precedent, language that was added during negotiations on the text when some countries expressed concern that Taiwan and Kosovo might follow a similar path to pursue statehood, diplomats said.

Riyad Mansour, the Palestinian ambassador to the U.N., told the Assembly ahead of the vote that Palestinians’ right to full membership at the U.N. and statehood “are not up for negotiations, they are our inherent rights as Palestinians.” He added that a vote against Palestinian statehood was a vote against the two-state solution.

Still, the resolution does provide new diplomatic perks to Palestinians. Palestinians can now sit among member states in alphabetical order; they can speak at General Assembly meetings on any topic instead of being limited to Palestinian affairs; they can submit proposals and amendments; and they can participate at U.N. conferences and international meetings organized by the Assembly and other United Nations entities.

Israel’s ambassador to the U.N., Gilad Erdan, a sharp critic of the body, said voting for a Palestinian state would be inviting “a state of terror” in its midst and rewarding “terrorists” who killed Jewish civilians with privileges and called member states endorsing it “Jew haters.”

The resolution says that it “determines the State of Palestine is qualified for membership in the United Nations,” under its charter rules and recommends that the Security Council reconsider the matter with a favorable outcome.

Nate Evans, the spokesman for the U.S. mission to the United Nations, said that if the Assembly refers the issue back to the Council, it would have the same outcome again, with the U.S. blocking the move.

The Palestinians are currently recognized by the United Nations as a nonmember observer state, a status granted in 2012 by the General Assembly. They do not have the right to vote on General Assembly resolutions or nominate any candidates to U.N. agencies.

The Assembly session was not without moments of performative drama.

Mr. Gilad. Israel’s ambassador, held up the picture of Hamas’s military leader, Yahya Sinwar, considered the architect of the Oct. 7 attacks on Israel, with the word “President,” and then a transparent shredder, inserting a piece of paper inside it, and said the member states were “shredding the U.N. charter.”

Mr. Mansour, the Palestinian ambassador, at the end of his speech raised his fist in the air, visibly choking back tears, and said, “Free Palestine.” The Assembly broke into applause.

— Farnaz Fassihi
More than 100,000 have fled Rafah, the U.N. says, as Israeli bombardment intensifies.



Palestinians leaving Rafah on Wednesday following an evacuation order issued by the Israeli Army. Credit: Mohammed Saber/EPA, via Shutterstock

With fears rising that Israel will move ahead with a long-planned full-scale invasion of Rafah, the United Nations said Friday that more than 100,000 people had fled since Israel ordered people to leave parts of the city and intensified a bombardment that Gazan health officials say has killed dozens of people.

As Israeli troops continued to exchange fire with Palestinian fighters near Rafah on Friday, according to both the Israeli military and Hamas, people were packing up their tents and leaving the southern Gazan city and its surrounding areas where more than a million Palestinians had sought shelter in trucks, cars and donkey carts.

Many of them have already been displaced multiple times by the Israel’s war in Gaza over the past seven months.

“Around 110,000 people have now fled Rafah looking for safety,” the main United Nations agency that aids Palestinians, known as UNRWA, posted online on Friday. “But nowhere is safe in the #GazaStrip & living conditions are atrocious.” On Thursday, a U.N. official said that 79,000 people had left since Israel issued its evacuation order.

“The only hope is an immediate #Ceasefire,” UNRWA said.

Israel seized control of the Gaza side of the Rafah border crossing with Egypt in what it called a “limited operation,” and intense fighting has continued on the eastern edge of the city since. The Israeli military said on Friday that its aircraft had struck Hamas members and rocket-launching sites at several locations in the Rafah area over the past day, while Hamas said its forces had fired mortars on Israeli troops east of the city.

The Israeli security cabinet agreed on Thursday night to expand the operation in Rafah, two officials said, but it was not clear what that would mean in practical terms.

Fighting continues in other areas of Gaza, and on Friday, the Israeli military said four of its soldiers were killed and two were seriously injured by an explosive device near Gaza City, in the northern part of the territory. Israeli forces seized the north months ago but have been unable to control it completely, repeatedly battling militants there.

In an apparent sign of the militants’ staying power, Hamas took responsibility for a rocket attack, the first one since December that was launched from Gaza and triggered air-raid sirens in the southern Israeli city of Beersheba.

Israel has designated what it calls a safe zone for Gazans fleeing Rafah, including Al-Mawasi, a coastal section of Gaza it has advised people to go to for months. But the United Nations has said it is neither safe nor equipped to receive them.

On Friday, UNICEF’s senior emergency coordinator in the Gaza Strip, Hamish Young, said from Rafah that in his 30 years working on large-scale humanitarian emergencies “I’ve never been involved in a situation as devastating, complex or erratic as this.”

“Yesterday, I walked around Al-Mawasi,” Mr. Young said. ”The roads to Mawasi are jammed — many hundreds of trucks, buses, cars and donkey carts loaded with people and possessions.”

“People I speak with tell me they are exhausted, terrified and know life in Al-Mawasi will, again, impossibly, be harder,” he said. “Families lack proper sanitation facilities, drinking water and shelter.”

Aaron Boxerman contributed reporting.

— Raja Abdulrahim and Bilal Shbair
People leaving Rafah describe yet another fearful flight from Israeli assaults.


Palestinians fleeing Rafah on Thursday. 
Credit: Mohammed Salem/Reuters

Manal al-Wakeel and her extended family of 30 people thought they were going home.

Displaced from their home in Gaza City months ago, Ms. al-Wakeel and relatives began packing their bags on Monday and preparing to dismantle their tent in Rafah, at the southern edge of the Gaza Strip.

Hamas had announced that it had accepted a cease-fire proposal from Qatar and Egypt, leaving many Gazans thinking that a truce was imminent. Their joy was short-lived; it soon became clear that Hamas was not talking about the same proposal endorsed days earlier by Israel, which said the two sides remained far apart.

Instead, Israeli warplanes dropped leaflets in eastern Rafah telling people to flee and move to what Israel called a humanitarian zone to the north, as the Israeli military bombarded the area. Gazan health officials say that dozens have been killed since Israel’s incursion into parts of Rafah this week.

“We thought that day a cease-fire was possible,” said Ms. al-Wakeel, 48, who helped the aid group World Central Kitchen prepare hot meals.

She and her family had been sheltering near the Abu Yousef al-Najjar Hospital, in an area battered by Israeli airstrikes and ground combat. The director of the hospital, Dr. Marwan al-Hams, said on Monday that it had received the bodies of 26 people killed by Israeli fire, and treated 50 who were wounded. The hospital was evacuated the next day.

So rather than return home, on Tuesday night Ms. al-Wakeel, her husband, her 11 children and other relatives found a semi-truck that would take them and their belongings, including suitcases of clothes, pots and pans and tents, for 2,500 shekels — about $670 — in search of another place to stay.

They left Rafah around midnight and made their way north along with hundreds of tuk-tuks, trucks, cars and donkey-carts full of other displaced families and their possessions.

“It was a scary night, the truck was moving slowly because of the heavy load on it,” she said.

Once out of Rafah, they made frequent stops at schools and other buildings, desperately looking for any empty place for them to shelter. But every place was full.

Others couldn’t find a place, either, and Ms. al-Wakeel saw many people sleeping by the side of the road next to whatever belongings they had fled with.

At a U.N. school in Deir El-Balah, a young man suggested they stay in an empty concrete building — with no windows or doors — that belonged to the Hamas-led government’s ministry of social development.

“It looked like a dangerous place,” she said, adding that they had been told that a woman and her daughter had previously been killed in one of the building’s rooms by an Israeli missile.

But they were too afraid to continue roaming around in the darkness, and decided to spend the night there and look for a safer place come morning.

“I feel so sad and disappointed for what happened to Rafah as it was stable for us there,” she said. “We have spent so much time having to arrange new places for ourselves again and we feel depressed and so exhausted from repeating the same suffering.”

Saeda al-Nemnem, 42, had given birth to twins less than a month before Israel dropped the leaflets over where they were sheltering in Rafah, ordering them to leave. Her family, also displaced from Gaza City, dispatched a relative to look for a truck that could ferry them north, despite the intense Israeli airstrikes at the time.

The relative, Mohammed al-Jojo, was killed by an Israeli strike on the tractor he was riding, she said.

He “was killed when he was getting us out of that area to a safer place,” she said. “I feel I caused his death.”

Despite the dangers in getting on the road, staying where they were in Rafah was no safer.

Along the terrifying journey to the city of Khan Younis, where she and her family of eight found shelter in a room attached to Al Aqsa University’s main building, they could hear what seemed like explosions from Israeli bombs, missiles and artillery, she said.

“My children’s heartbeats were so high that I could feel them,” she said. It was the heaviest bombardment she had ever heard, she said, “so close and so terrifying for me and my children.”

— Raja Abdulrahim and Bilal Shbair Reporting from Jerusalem and from Khan Younis, in the Gaza Strip
U.N. officials warn that aid efforts face imminent threat from lack of fuel.



An employee with fuel tanks at Al-Aqsa Martyrs Hospital in Deir al Balah in the central Gaza Strip on Friday.Credit...Agence France-Presse — Getty Images

After five days without fuel deliveries to Gaza, United Nations officials said on Friday that large parts of the international aid mission faced imminent closure, deepening the humanitarian emergency as levels of malnutrition and disease mount.

“Humanitarian operations cannot run without fuel,” Georgios Petropoulos, head of the U.N. aid office in the southern city of Rafah, said. The U.N.’s humanitarian activities, particularly food and health care aid, would halt “within the next two days” unless solutions were found quickly to allow deliveries of fuel and other supplies into Gaza, he said.

Raising fears of a full invasion of Rafah, Israel this week seized the Gaza side of the crossing with Egypt in what it described as a limited operation. The United Nations said that no aid is reaching Gaza through the south.

Only a trickle of aid is entering through a border crossing point at the northern end of the Gaza Strip, in Erez, and that cannot reach the south and is inadequate given the scale of need, Mr. Petropoulos said in a video news briefing from Gaza.

The U.N. food agency and UNRWA, the main aid agency for Palestinians, will run out of food for distribution in southern Gaza on Saturday, Mr. Petropoulos said.

Five hospitals, five field hospitals, 10 mobile clinics treating war injuries and malnutrition, and nearly 30 ambulances will stop operating “in the next day or so,” because of a lack of fuel, he said.

Eight of 12 bakeries in southern Gaza have already halted operations for lack of fuel and stock, he added, and the remaining four are expected to stop working by Monday.

“In a matter of days, if this is not corrected, the lack of fuel will really grind the whole humanitarian operation to a halt,” said Hamish Young, the U.N. children’s agency emergency coordinator in Gaza.

— Nick Cumming-Bruce reporting from Geneva
UNRWA says it closed its headquarters in East Jerusalem after attacks and a fire.




A demonstration outside the UNRWA offices in the West Bank in March.Credit...Ahmad Gharabli/Agence France-Presse — Getty Images

The main United Nations agency that aids Palestinians, known as UNRWA, said on Thursday that it would temporarily close its headquarters in occupied East Jerusalem for the safety of its staff after parts of the compound were set on fire following weeks of attacks.

“This evening, Israeli residents set fire twice to the perimeter of the UNRWA Headquarters in occupied East Jerusalem,” said the leader of the agency, Philippe Lazzarini, on social media.

The fire caused extensive damage to the outdoor areas of the compound, Mr. Lazzarini said, but there were no injuries to workers there from UNRWA or other U.N. agencies. He added that some of the workers “had to put out the fire themselves as it took the Israeli fire extinguishers and police a while before they turned up.”

On Friday, Israeli police said in a statement that an investigation was started on “suspicion of a brush fire ignition” next to the UNRWA facility and that preliminary findings suggested it was started by minors and was therefore not subject to criminal prosecution. It offered no further details, but said the investigation was still going on.

The attack put the lives of U.N. staff at “serious risk” and comes two days after protesters threw stones at staff members at the compound, Mr. Lazzarini said.

Protests by Israeli settlers calling for UNRWA’s closure have been continuing for months. “On several occasions, Israeli extremists threatened our staff with guns,” Mr. Lazzarini said in Thursday’s social media post, adding that under international law, it is Israel’s responsibility “as an occupying power to ensure that United Nations personnel and facilities are protected at all times.”

Many Israeli officials have called for years for UNRWA to be dismantled, and the agency lost funding from some donor countries earlier this year after Israel accused a dozen of its employees of being involved in the Hamas-led attack on Israel on Oct. 7. An independent review commissioned by the U.N. and released in April found that Israel had not provided any evidence to support its further accusations that many UNRWA staff members are members of terrorist organizations.

— Anushka Patil
An American aid ship heads toward Gaza, but the system for unloading it still isn’t in place.




The container ship Sagamore, right, docked in Cyprus on Wednesday. Credit: Petros Karadjias/Associated Press

An American vessel carrying aid intended for Gaza has departed from Cyprus, the Pentagon said on Thursday, but a temporary floating pier constructed by the U.S. military is not in place to unload the food and supplies meant for the enclave.

Maj. Gen. Patrick S. Ryder, the Pentagon spokesman, said in a news briefing on Thursday afternoon that while the construction of the floating pier and the causeway has been completed, weather conditions have made it unsafe to actually place them off the coast of Gaza.

General Ryder said that the aid on the vessel, called Sagamore, eventually would be loaded onto another American motor vessel docked at Ashdod, the Roy P. Benavidez. That second vessel would take the aid to the floating pier system as soon as it is installed off the coast in northern Gaza, he said, allowing it to be delivered to the enclave.

Sagamore appeared to be anchored at the Israeli port of Ashdod by late Thursday evening, according to VesselFinder, a ship tracking website. For now, the aid for Palestinians, desperately needed, is roughly 20 miles from the nearest Gazan border crossing.

“While I’m not going to provide a specific date, we expect these temporary piers to be put into position in the very near future, pending suitable security and weather conditions,” General Ryder said.

Israel has prevented the construction of Gaza’s own international seaport, prompting the United States and another aid group, the World Central Kitchen, to create their own systems for getting aid into the enclave by sea.

But aid groups and experts have frequently criticized the maritime efforts as costly and complicated ways to deliver aid, citing trucking as a more efficient way to get food inside Gaza. After Israeli strikes killed seven World Central Kitchen workers, the group paused its maritime operations there. The food charity has since said it would restart operations in Gaza with the help of Palestinian aid workers.

More food is needed in Gaza. The director of the World Food Program, Cindy McCain, said recently that some areas are already experiencing a famine.

Wednesday, March 20, 2024

Historian, Scholar, Activist, Writer, and Public Intellectual Robin D.G. Kelley On the Abject Failure of the UN To Dismantle The Global Colonial Order And Thus Allow Israel, South Africa, and the United States To Evade and Ignore the Application of the Genocide Convention to Their Nations

1948: Israel, South Africa, and the Question of Genocide
 
The UN’s failure to dismantle the colonial order foreclosed the application of the Genocide Convention to Israel, South Africa, and the United States.
 
by Robin D. G. Kelley
Hammer and Hope
Number 3
Spring, 2024



PHOTO: Palestinians gather around a statue of Nelson Mandela after South Africa files a landmark case against Israel at the International Court of Justice, Ramallah, Jan. 10, 2024. Photograph by Marco Longari/AFP/Getty Images.
 
"If the United Nations decides to amputate a part of Palestine in order to establish a Jewish state, no force on earth could prevent blood from flowing there. … [O]nce such bloodshed has commenced, no force on earth can confine it to the borders of Palestine itself.”
— Dr. Mohamed Hussein Heykal Pasha, Egyptian delegate to UN Ad Hoc Committee on Palestine, 1947


South Africa’s application to the International Court of Justice (ICJ) instituting proceedings against Israel for violating the UN Genocide Convention sent U.S. officials into a frenzy. More than 200 members of Congress signed a bipartisan letter condemning the charges as “grossly unfounded and defamatory.” On Feb. 6, 2024, Representatives John James, a Black Republican from Michigan, and Florida Democrat Jared Moskowitz introduced a bill meant to punish South Africa. The bill falsely asserts that the governing African National Congress (ANC) supports Hamas and accuses ANC leaders of antisemitism for “expressing concern of ‘escalating violence’” and describing the war on civilians in Gaza as “genocide.” The bill makes no mention of the more than 30,000 Palestinians killed and at least 72,000 wounded in Gaza in the course of more than 160 days, the roughly 1.9 million displaced people, and at least 399 Palestinians killed by settlers and Israeli occupation forces in the West Bank and East Jerusalem since Oct. 7. The Biden administration must know that the ICJ’s finding of a plausible risk of genocide implicates the U.S. as a party to Israel’s crimes. But rather than withhold its financial and military resources and do what is required of UN member states — act decisively to stop the genocide — the Senate voted to send Israel a whopping $14 billion to finish the job, more than triple the aid the U.S. typically sends Israel every year. Bipartisan fealty to Israel, no matter the consequences, is unsurprising. The apoplectic tone of the attacks on the case has much to do with who filed the complaint with the ICJ, however.

The ANC and its allies that make up the tripartite alliance (the Communist Party and the Congress of South African Trade Unions) have for decades been declared enemies of both the U.S. and Israel. Before the end of formal apartheid in 1994, South Africa, Israel, and the U.S. formed a very different tripartite alliance committed to the defense of racial capitalism, apartheid, and Zionism. The U.S. and South Africa in particular have maintained strong economic ties since the early 20th century. By 1948, South Africa’s mining and manufacturing sectors had absorbed considerable flows of American capital. As white “republics” built on the exploitation and disenfranchisement of Black labor, they shared a mutual defense of racial segregation and a zealous opposition to communism. Anticommunism, especially during the Cold War, provided ideological cover for the suppression of all opposition movements. Just as the U.S. promoted Israel as “the only democracy in the Middle East,” it regarded South Africa as its closest ally on the African continent. All three nations allied to suppress communism and “terrorism” — namely, the forces fighting for the liberation of Palestine, against apartheid, and for revolutionary change in the U.S. — through joint counterinsurgency, shared intelligence, arms sales, and mutual military buildup.

The insurgents built their own ties with one another. Black solidarity between the U.S. and South Africa predates World War I, and their respective connections to the Palestinian liberation movement can be traced to the early 1960s. Their ties deepened in the 1970s, when the UN General Assembly approved the Convention on the Suppression and Punishment of the Crime of Apartheid, passed a resolution declaring that “zionism is a form of racism and racial discrimination,” recognized the Palestine Liberation Organization (PLO) and the ANC, and sought to expel Israel and South Africa from its body. (They managed to suspend South Africa in 1974, which lasted until the ANC came to power 20 years later.) Israel’s occupation of Gaza, the West Bank, and East Jerusalem following the 1967 war came to resemble the colonial violence in southern Africa, especially as the PLO, the Popular Front for the Liberation of Palestine (PFLP), and other armed groups escalated their resistance. The PLO and the ANC maintained strong ties, and decades after the downfall of apartheid, the ANC’s solidarity with Palestine has not wavered. The ANC has consistently supported the BDS campaign since 2012.


PHOTO: Demonstrators protesting for freedom and equality, Johannesburg, South Africa, 1952. Photograph via Popperfoto/Getty Images.

It might feel like a moment of poetic justice to watch the victims of the old tripartite alliance lead efforts to protect Palestinians. But one wonders, given Israel’s documented history of ethnic cleansing and a 17-year siege that has turned Gaza into a massive concentration camp, why it has taken so long for any country to ask the ICJ to investigate Israel for violating the Genocide Convention. Article II of the convention defines the term to mean any effort to “destroy, in whole or in part, a national, ethnical, racial or religious group” by causing “serious bodily or mental harm” to group members, imposing “conditions of life calculated to bring about its physical destruction in whole or in part,” which includes preventing births. I am not interested in debating whether Israel is, or has ever been, guilty of genocide. I believe the evidence for genocide dating back to the 1948 Nakba (catastrophe) is irrefutable. Instead, I contend that the UN’s failure to dismantle the colonial order, buttressed by Cold War imperatives, foreclosed the application of international law, particularly the Genocide Convention, to Israel, South Africa, and the United States. While the U.S. has occasionally used its veto power in the Security Council to shield both Israel and South Africa from accountability to international law, during the first decade of the UN’s existence it rarely had to. Israel not only had the votes in the General Assembly but also, similar to South Africa, never had to face charges of genocide. More than two decades would pass before the General Assembly treated both countries as pariah states. Perhaps because the Holocaust became the paradigmatic case of genocide, the threshold of proof was very high — arguably too high. The convention turned into a tool of last resort, rendering it a deeply flawed instrument to prevent genocide.

The state of Israel, the UN Declaration of Human Rights, and the Genocide Convention were all “born” in 1948, in the shadow of the Holocaust and in the light of the recently formed United Nations. This was also the year South Africa officially became an apartheid state, although the policies introduced by the largely Afrikaner National Party did not radically depart from three centuries of colonialism, mineral extraction, and exploitation of African labor. Nevertheless, apartheid seemed anachronistic in an era of African independence and civil rights. Israel and South Africa were both settler-colonial regimes founded on violent dispossession that maintained some form of military rule over subject populations at a time when colonialism was said to be dying and the UN was supposed to usher in a new world order. Dr. Fayez A. Sayegh, renowned scholar and rapporteur of the special committee established under the International Convention on the Elimination of All Forms of Racial Discrimination, underscored in a 1970 essay the incongruity of Israel’s settler-colonial project “in a historical era marked by universal rejection of colonialism in principle and near-total liquidation of colonial empires in practice.” But despite the various charters, declarations, and conventions that confirmed human equality and condemned discrimination, the UN was founded on the principles of what the historian Mark Mazower calls “imperial internationalism.” Its principal architects represented nations that still held colonies and/or practiced racial segregation. It was a South African prime minister, General Jan Smuts, who added the phrase “human rights” to the UN Charter. Unsurprisingly, Smuts’s elevated role as statesman did not sit well with the Black majority back home. The Non-European Unity Movement, a multiracial coalition with ties to the Workers Party of South Africa, issued a statement in July 1945 informing the world that South Africa’s nonwhite population “live and suffer under a tyranny very little different from Nazism,” and thus “it is ludicrous that this same South African Herrenvolk should speak abroad of a new beginning, of shaping a new world order, whereas in actuality all they wish is the retention of the present tyranny in South Africa, and its extension to new territories.”


PHOTO:  A “Net Blankes, Whites Only” sign, South Africa, Oct. 7, 1977. Photograph by Andrzej Sawa/Sunday Times/Gallo Images/Getty Images.

W. E. B. Du Bois and Mohandas Gandhi tried in vain to persuade the UN’s architects to declare colonialism a crime against humanity. If this were not done, Du Bois warned: “There will be at least 750,000,000 colored and Black folk inhabiting colonies owned by white nations, who will have no rights that the white people of the world are bound to respect. Revolt on their part can be put down by military force; they will have no right of appeal to the Council or the Assembly; they will have no standing before the International Court of Justice.” Du Bois’s appeals went nowhere because the UN was designed to recognize nations and not peoples. Only nations had standing, which meant an attack on colonialism was an assault on the sovereignty of the colonizing nations. During its formative years, the UN distinguished “civilized nations” from the rest, a hierarchy consistent with its founding commitment to preserving the Anglo-American alliance over the freedom of 750 million people in Africa, Asia, and the Caribbean.

The UN Convention on the Prevention and Punishment of the Crime of Genocide could have been an instrument for victims of colonial violence to seek relief and justice. The convention was the brainchild of Raphael Lemkin, the distinguished Polish Jewish jurist credited with coining the term “genocide” by combining genos, the Greek word for “race” or a group of people claiming common descent, with cide, the Latin suffix for “killing.” The word first appeared in print in his 1944 book, Axis Rule in Occupied Europe, followed by the Genocide Convention, which came before the United Nations in 1946. After two years of debate, the General Assembly approved the convention on Dec. 9, 1948, ratified by some member states in October 1950, and put it in force the next year.

Lemkin’s best-known work focused on the Nazi extermination of Jews and Poles and the Armenian genocide under the Ottoman Empire, but colonialism was an important frame of reference. He considered past massacres of Indigenous peoples in the Americas and the Atlantic slave trade examples of genocide and directed students to study Belgium’s atrocities in the Congo and Germany’s genocide against Namibia. His definition of genocide was far more expansive than what ended up in the final draft of the convention. He deemed the destruction or erasure of culture an act of genocide, but his resistance to reducing genocidal acts to distinct categories led him to hesitate calling it “cultural genocide.” Yet an early draft by the ad hoc committee did mention “cultural genocide,” which it defined as “any deliberate act committed with intent to destroy the language, religion or culture of a national, racial or religious group” through banning the use of specific languages or “destroying, or preventing the use of, libraries, museums, schools, historical monuments, places of worship or other cultural institutions and objects of the group.” Since acts of erasure and destruction are common features of colonialism, the inclusion of the phrase would have left more Western nations vulnerable to the charge of genocide. Little wonder the U.S., France, Canada, and the Netherlands were among the most fervent critics of the phrase.


PHOTO: Paul Robeson with W. Alphaeus Hunton of the Council on African Affairs on his right at a UN Security Council meeting, Lake Success, N.Y., 1950. Photograph via Bettmann/Getty Images.

Lemkin had some blind spots, notably underestimating the structural violence and racist subjugation required to maintain the settler state, especially within modern herrenvolk republics such as the United States and South Africa. He would come to recognize this order of structural violence as genocide by the end of his life, but not during the convention’s formative years. In 1951, when William L. Patterson, a Black Communist and the executive director of the Civil Rights Congress, and Paul Robeson submitted a 240-page petition to the UN charging the United States with committing genocide against Black people, Lemkin accused the authors of being “un-American,” bent on sabotaging the U.S. Senate’s ratification of the convention and diverting “attention away from the crimes of genocide” perpetrated in the Soviet Union. The provocatively titled We Charge Genocide: The Historic Petition to the United Nations for Relief From a Crime of the United States Government Against the Negro People documented hundreds of incidents of anti-Black violence — from police killing to lynching — just in the six years since the end of the war and drew on the convention to argue that systematic violence and terrorism was state policy. In a letter to The New York Times, Lemkin claimed the authors confused “genocide with discrimination.” Contending that the numbers of those killed or harmed were so low that the case for genocide must rest on “serious mental harm,” he then poses a rhetorical question: “Can one be guilty of genocide when one frightens a Negro? Obviously not, because fear alone cannot be considered as serious mental harm as meant by the authors of the convention; the act is not directed against the Negro population of the country and by no stretch of imagination can one discover in the United States an intent or plan to exterminate the Negro population, which is increasing in conditions of evident prosperity and progress.”

A vast majority of African Americans begged to differ. In fact, Black journalists recognized the applicability of the Genocide Convention in the U.S. before the release of We Charge Genocide. On Oct. 21, 1950, The New York Amsterdam News ran an article headlined “UN Law May Be Hard on Dixie,” arguing that the “lynching of Negroes in the United States [and] race destruction in the Union of South Africa” would be considered crimes of genocide. Southern senators also understood the implications immediately. Having consistently opposed a federal anti-lynching law, they believed that the convention would be used to prosecute lynchers and would not support it without assurances that it could not be used against the U.S. for treatment of its own citizens. The U.S. did not ratify the Genocide Convention until 1988. Meanwhile, Lemkin changed his mind, influenced by Ruth Benedict’s Race: Science and Politics (1940). According to his biographer, Lemkin’s unfinished manuscript Introduction to the Study of Genocide included “the lynching of African Americans … [as] acts of genocide in the United States legitimized by race thinking.”

South Africa joined the U.S. in refusing to ratify the convention and did not become a party to the convention until 1998. The apartheid government would not agree to pass complementary domestic laws, prosecute perpetrators of genocide in domestic courts, or extradite people wanted for the crime of genocide. Its position was predictable. The 1948 election of the largely Afrikaner National Party was considered a retreat even from General Smuts’s United Party — actual Nazis made up the new regime. National Party leader John Vorster declared in 1942, “We stand for Christian Nationalism which is an ally of National Socialism”; he later served as prime minister from 1966 to 1978. The deepening fascist turn should be understood as a response to heightened Black opposition during the 1940s, when African miners waged a massive national strike in 1946, and the ANC Youth League pushed its parent organization to support mass uprisings against consumer and transportation racism. The National Party promised separation of the races and the complete disfranchisement of all nonwhites. Once in power, it passed a slate of apartheid laws — what the journalist and Communist activist Brian Bunting wryly called “South Africa’s Nuremberg laws.” During the first three years alone, under prime minister Daniël F. Malan, the new regime expelled Indians from Parliament, curtailed Coloured voting rights, outlawed interracial marriage, excluded nearly all Africans from receiving unemployment insurance, assigned every person to a racial category defined by the state, designated race groups to specific locations, required Africans to carry passes to monitor and control their movement, and under the Suppression of Communism Act effectively outlawed every opposition movement in South Africa.

A Nazi-led apartheid government did not diminish South Africa’s standing in the UN. In 1946, before the National Party came to power, India filed a complaint against South Africa for passing a law severely limiting where Asians could purchase land, arguing that it violated the UN Charter’s prohibition on racial discrimination. In its defense, South Africa — with support from the U.S., the U.K., Belgium, Canada, New Zealand, and the Netherlands — invoked a separate clause in the UN Charter prohibiting member states from interfering in the affairs of another nation. India prevailed, but South Africa simply ignored the resolution and in 1948 passed even more draconian anti-Asian legislation as part of a slate of apartheid measures. In December 1950, the General Assembly passed a resolution condemning apartheid but referring only to anti-Indian discrimination. South Africa continued to enjoy the protection of the Security Council until 1960, when the council adopted a resolution deploring the police killing of 69 unarmed African protesters in the township of Sharpeville. Three years later came the first meeting of a Special Committee on the Policies of Apartheid. In 1966, the General Assembly declared apartheid a crime against humanity. The main source of tension between the apartheid regime and the UN, however, was South Africa’s occupation of Namibia.


Illustration of the German garrison of Windhoek attacking the Herero people, from Le Petit Journal, Feb. 21, 1904. Image via Art Media/Print Collector/Getty Images.

Like Israel with its occupation of Palestine, South Africa ruled Namibia as a colony in an era of decolonization. But as legal scholar Noura Erakat observes, unlike the case of Israel, the UN had recognized since at least 1946 that South Africa’s occupation of what was then called South West Africa violated international law and chose to use “the legal infrastructure within the United Nations to shepherd Namibia to independence.” A German colony since the 1880s, Namibia was the site of the first 20th-century genocide: Between 1904 and 1908 German settlers massacred between 40,000 and 80,000 Herero people (about 80 percent of their population) and 10,000 Nama people (about half of their population). During World War I, South Africa occupied the colony and held it as a League of Nations mandate after Germany’s defeat. Instead of restoring Indigenous land rights, the South African government encouraged German and white South African settlement, forcing the Africans into the largely uninhabited territory around the Kunene River. After the collapse of the League of Nations during World War II and the creation of the UN, Namibia was supposed to become a UN Trust Territory. But South Africa refused to enter a trusteeship — the Smuts government and subsequent regimes wanted to annex Namibia outright. The Africans wanted freedom. In 1947, a delegation of Nama leaders petitioned the UN secretary-general to demand the immediate return of their lands and restoration of their sovereignty. When the UN rejected South Africa’s request to annex the territory, the Parliament under Malan passed the South West Africa Amendment Act (1949), moving further toward illegal annexation by giving white settlers in Namibia representation in Parliament. The General Assembly asked for an advisory opinion from the ICJ, which issued separate opinions in 1950, 1955, and 1956, all declaring South Africa’s refusal to allow Namibia to be placed under trusteeship illegal. Because the opinions were not enforceable, South Africa continued to defy international law, imposing apartheid laws and tightening repression. In 1966, the UN General Assembly passed a resolution ending the mandate and launching a new trusteeship in preparation for Namibia’s independence, but South Africa refused to leave. In 1960, the newly formed South West African People’s Organisation (SWAPO) launched an armed struggle for independence.


PHOTO:  Palestinian women waiting for rations at a refugee camp, Gaza, 1956. Photograph by Burt Glinn/Magnum.

Israel signed and ratified the Genocide Convention promptly and without reservations. Unlike that of South Africa, Israel’s founding was treated by much of the world as an unmitigated triumph. Zionists believed it fulfilled the dream of a Jewish state in Palestine, authorized by God Himself in accordance with the Hebrew Bible. For survivors of the Holocaust, Israel became a safe haven for Jewish resettlement and the vehicle through which Germany could pay reparations. Labor Zionists looked to Palestine as a potential socialist promised land. In fact, the international Communist movement’s support for Zionism and Israel’s ruling party, the Mapai or Workers Party, obscured Israel’s formation as a settler-colonial state. Moshe Dayan, a military hero in the Nakba, harbored no illusions: “Before [the Palestinians’] very eyes we are possessing the land and villages where they, and their ancestors, have lived. … We are the generation of colonizers, and without the gun barrel we cannot plant a tree and build a home.”

By 1947, the creation of some kind of Jewish state in Palestine was a fait accompli; the question was whether it would be one binational state or two separate states. The British planned to withdraw and transfer the responsibility for determining Palestine’s future to the United Nations. A majority of Zionists wanted a state of their own and believed all the land, Eretz Israel, belonged to them. Yet they accepted UN Resolution 181, passed on Nov. 29, 1947, dividing Palestine into Jewish and Arab states. The partition plan set aside 56 percent of the land for a Jewish state and 44 percent for the Palestinians. Arab leaders were never consulted and did not agree to the plan. Palestinians argued that the partition was illegal and unjust, and asked that the matter be referred to the ICJ for an advisory opinion, but pressure from the United States blocked it.

Mapai Party leaders publicly accepted the terms of the agreement but secretly prepared to wage war to expel the Palestinians and seize additional territory. The British were on their way out, so the narrative that the war for Israel’s independence was an anti-imperialist struggle begs credulity. The pretext for war was the presence of Arab armies dispatched either to protect the borders with Syria, Lebanon, Jordan, Iraq, and Egypt or ostensibly to protect Palestinian villages outside the designated boundaries of the Jewish state. But the Arab states had financial and geopolitical interests in limiting Israel’s expansion that were not necessarily shared with Palestinians. Jordan’s King Abdullah I, for example, wanted to annex the West Bank — which the partition plan designated as part of the Palestinian state — and made a secret agreement with the Zionists not to intervene in the war in exchange for the West Bank. Moreover, David Ben-Gurion, the Zionist leader who became Israel’s first prime minister, knew the Arab armies posed no serious threat. Nevertheless, he used fear to mobilize Jewish support and sway world opinion by making public statements comparing Arabs to Nazis and warning of “a second Holocaust.” In private, he used language similar to that of colonial officers preparing for a campaign. The man who in his younger days fashioned himself a “Zionist Lenin” wrote in his diary on Jan. 1, 1948: “There is a need now for strong and brutal reaction. We need to be accurate about timing, place and those we hit. If we accuse a family — we need to harm them without mercy, women and children included. Otherwise, this is not an effective reaction. During the operation there is no need to distinguish between guilty and not guilty.”


PHOTO: Members of the Haganah in an Arab village captured during its campaign to take or destroy Palestinian property, c. 1948. Photograph by Robert Capa/International Center of Photography/Magnum.

Under Ben-Gurion’s leadership, Israel’s militias — the Haganah, Irgun, the Stern gang, the Palmach — waged a deliberate, well-organized campaign to terrorize, kill or injure, and dispossess Palestinians; raze their villages; take or destroy their property; and above all take their land. The architects of the campaign laid out a military strategy across four different plans, the most consequential and far-reaching being Plan D, or Plan Dalet. Adopted on March 10, 1948, the “plan” entailed using terrorism as a strategy of elimination. Zionist paramilitary groups were instructed to raze villages “by setting fire to them, by blowing them up, and by planting mines in their rubble,” and to encircle others, conduct searches, and force people to flee; when faced with resistance, “the armed forces must be wiped out and the population expelled outside the borders of the state.” From December 1947 to July 1949, Zionist militias drove three-quarters of a million people, 80 percent of the Palestinian population, from their land; destroyed or emptied over 500 villages; and demolished homes, sometimes setting them ablaze or blowing them up while families were still inside. Men were lined up and shot, women killed and raped, children shot, a pregnant woman bayoneted. Wholesale massacres in the villages of Deir Yassin and Tantura are etched in Palestinian collective memory. The cruelties are legion. In Haifa, the militias rolled barrels of explosives and large steel balls into Palestinian neighborhoods, followed by a generous stream of oil and gasoline, which they then set alight.

By the armistice of 1949, the state of Israel occupied 78 percent of Palestine. Western nations accepted Israel’s new borders, but the Arab states refused to recognize the state of Israel unless it allowed Palestinian refugees to return — an impossibility, because the point of the forced population transfer was for Israel to maintain demographic dominance. The roughly 160,000 Palestinians remaining within Israel’s borders were placed under military administration until 1966. Egypt, Jordan, Syria, and Lebanon reluctantly absorbed tens of thousands of Nakba survivors, though the responsibility for providing necessities like food, shelter, and education fell to the UN Relief and Works Agency (UNRWA).

The Nakba must be understood as both a crime against humanity and organized armed robbery. Israelis seized land and homes. They also stole furniture, rugs, jewelry, money, radios, and other valuable items. As the Palestinian historian Nur Masalha shows, in Jaffa (now part of Tel Aviv), Acre, Lydda, and other cities, Palestinian-owned businesses were left intact so that they could be taken over by Israeli entrepreneurs. Tens of thousands of acres of olive and fruit groves that Palestinians had owned and cultivated produced enough fruit to account for nearly 10 percent of Israel’s foreign currency earnings from exports in 1951. Arabic place names were changed to Hebrew, and to ensure the erasure the Jewish National Fund (JNF) planted forests on the land of destroyed Palestinian villages. Israeli settlers seized or destroyed personal archives and appropriated a massive body of literature in Arabic, part of which ended up in Israel’s National Library. Being forced to leave behind precious texts and artifacts to live in a tent or a refugee camp is what is meant by “cultural genocide.” To be displaced from the land of one’s family and ancestors, from the deep social bonds of the village and its churches, mosques, and schools, from ancient olive trees that have anchored Palestinian culture, is also cultural genocide.

In contrast, in 1947, the U.S. military government in West Germany passed a law for the purposes of restoring property seized from Jews under Nazi rule. In 1952, the German government agreed to pay restitution for what historian Marilyn Henry categorizes as “identifiable assets, including machinery, real estate, business enterprises, and cultural properties.” Palestinians received no such compensation. Israel’s Absentees’ Property Law of 1950 transferred all property owned or used by Palestinian refugees to the state of Israel, and then denied their right to return or reclaim their losses. Even Palestinians living inside Israel’s 1948 borders are declared “present absentees” if they are not physically on their property and ineligible to reclaim it. Another 1950 law transferred confiscated Palestinian land and private property to Israel’s Development Authority, which turned over much of it to the World Zionist Organization’s Jewish Agency for Israel and the JNF to support migration to Israel and forestation on Palestinian land. A land acquisition law passed in 1953 empowered the state to confiscate Palestinian land for military use and Jewish settlements.

Destruction caused by Israeli strikes in the village of Khuza‘a, near the border fence between Israel and the southern Gaza Strip, Nov. 27, 2023. Photograph by Said Khatib/AFP/Getty Images.

Just five years into Israel’s history it had begun to resemble South Africa. So where was the UN Charter? The invocation of the Genocide Convention? The outrage of member states? Criticism came almost exclusively from Arab states. In October 1950, Egypt’s UN ambassador, Mahmoud Bey Fawzi, complained that Israel had conducted a “large-scale military operation” to drive Bedouins from a demilitarized zone near Jericho and decried the deteriorating conditions for Palestinian refugees. “While we are pondering and debating here,” he told the Security Council, “many thousands of fellow human beings in Palestine are subjected to a most inhuman treatment, expelled from their homes, and forced to seek shelter elsewhere against the cold and the hardships of a speedily approaching winter.” In response, Israeli ambassador Abba S. Eban dismissed Egypt’s “atrocity stories” as “unsubstantiated by any creditable source.”

The atrocities continued, and the UN began to take notice. In 1956, retaliating against Egyptian President Gamal Abdel Nasser’s decision to nationalize the French- and British-owned Suez Canal Company, Britain, France, and Israel invaded Egypt. Israel took advantage of the war to occupy Gaza and the Sinai Peninsula. Ben-Gurion wanted to annex Gaza but did not want to bring 300,000 Arabs, 215,000 of whom were Palestinian refugees, into the state of Israel. On Nov. 3, 1956, Israeli armed forces invaded the city of Khan Yunis and summarily executed 275 people, more than half of them Palestinian refugees. Similar atrocities were committed in Rafah on Nov. 12, when Israeli forces invaded a refugee camp and killed at least 111 Palestinians; evidence from some eyewitnesses counted 197 dead and 23 disappeared.

Whether or not these massacres were part of a new ethnic cleansing campaign, this time the Palestinians refused to flee. Zionist dreams of taking Gaza had to wait. The UN — backed by both the Soviet Union and the U.S. — forced Israel to pull out.

A few months before the massacres in Gaza, Raphael Lemkin had helped Muhammad H. El-Farra, chief of the UN Section of the Arab States Delegation Office, with an article accusing French officials of committing genocide against Algerians. Published in 1956, “Algeria and the United Nations” is a 56-page indictment detailing atrocities, torture, psychological warfare, and cultural erasure. The evidence compiled led El-Farra to conclude that under French colonial rule the “conditions of life have been deliberately inflicted on the Arab populations to bring about their destruction.” In a short piece in Africa Today, he summarized the case against France and described the situation on the ground: “Entire villages are shelled, bombed, or burned; acts of genocide are committed against the inhabitants of towns and villages; an indiscriminate campaign of extermination is now taking place; civilians are machine gunned daily by ground forces; summary executions of patriots falling into the hands of French soldiers are likewise carried out. … These are acts of genocide committed against people whose only crime is their love for liberty and their desire to preserve their own culture.”

El-Farra was writing not simply as a UN official but as a Palestinian born in Khan Yunis. He grew up in Jaffa, was active in various Arab youth organizations, and left in December 1947 to attend college in the U.S. just as the Nakba unfolded. He recalled fleeing Jaffa under Israeli gunfire, unsure about the fate of his family. He managed to escape the worst of the fighting, but his family’s property was confiscated and his brothers dispersed. He could not return right away, and it haunted him. In 1952, while pursuing a law degree from the University of Pennsylvania, he took a research job at the UN information department and worked his way into the Syrian and then Jordanian diplomatic corps.

El-Farra regarded Israel’s war and occupation of Palestine as an ongoing genocide that began in 1948, and he devoted the rest of his life trying to stop it. In his 1987 memoir, he asked why Israelis “kill in cold blood” innocent civilians, women, farmers, schoolchildren, and the like. His answer: “It is because they feel that only through the complete destruction of the people of Palestine can they have safety and security in the beloved Palestinian homeland.” El-Farra believed the UN was a critical, if flawed, vehicle to stop genocide and possibly bring peace. But it wasn’t the only vehicle, he pointed out: “Israel has thus left the Palestinians no other choice but to resist. What else is left for a man who lost everything? Is he to surrender his values and heritage? Should he and his accept being a people without a country, without a future? This would mean their complete destruction, and this is why they have resisted occupation.”

The “complete destruction” of a people is the consequence if genocide is not stopped. And there are genocides happening all around us. In Sudan, the indiscriminate killing, torture, rape, and brutality conducted by the Rapid Support Forces constitute an imminent threat of genocide, on a scale that should compel the UN to use all of the powers at its disposal to stop it. Our chants of “Cease-fire now” should ring in every conflict zone, and the lessons of Palestine, South Africa, Namibia, Vietnam, Algeria, Rwanda, Burundi, Congo, India, the former Yugoslavia, and others ought to be remembered: colonialism and its rapacious destruction of the world through dispossession, extraction, racial ordering, war, and partition is what got us here.



ABOUT THE AUTHOR:



Robin D. G. Kelley is a professor of American history at U.C.L.A. and the author of Hammer and Hoe: Alabama Communists During the Great Depression and Freedom Dreams: The Black Radical Imagination.


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Wednesday, January 10, 2024

Lara Elborno and Double Down News On the Genocidal Assault On Gaza and What Needs To Be Done About It On A Global Scale

The World's Most Documented Genocide in History

International law is officially dead 

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The Hearing on Provisional Measures will take place in the Hague on January 11-12, 2024

by LARA ELBORNO
January 10, 2023

If you have been following along, then you know that Israel is committing a genocide in Gaza according to the consensus of scholars of genocide and state crime. I covered this in a previous article and I just released, along with Double Down News, a viral video summarizing the argument that Israel is committing genocide. 

 

Efforts to stop this genocide and hold those responsible liable whether before the International Criminal Court or United Nations have been frozen, sabotaged by the US, or largely inefficient at changing the reality on the ground, allowing Israel to continue its genocidal campaign through uninterrupted bombardment day in and day out for over 90 days now, as all of Gaza continues to be starved, dehydrated, displaced, and lacking the most basic supplies or services as a matter of intentional Israeli policy, not an inadvertant byproduct of conflict. 

 

Enter South Africa. 

 

On December 28, South Africa filed suit before the International Court of Justice arguing that Israel, through its actions in Gaza, is acting in violation of its obligations under the Genocide Convention. In particular, South Africa argues that “[t]he acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group, that being the part of the Palestinian group in the Gaza Strip.” It’s an 84 page application. I read it so you don’t have to but I really encourage you do. Either way, allow me to address some of the key points made by South Africa before getting into Israel’s reaction and the implications of this move. 

 

Key takeaways

 

  • Historical context: The request contains descriptions of the Nakba critically noting that “80% of Palestinians in Gaza are refugees — and their descendants — from towns and villages in what is now the State of Israel, expelled or forced to flee during the mass displacement of over 750,000 Palestinians or ‘Nakba’ during the establishment of the State of Israel. The Nakba and the mass displacement associated with it therefore features prominently in the history and consciousness of Palestinians in Gaza, as it does for the wider Palestinian people.” (p. 12)

     

  • Gaza is occupied: The request affirms that “Gaza is still considered by the international community to be under belligerent occupation by Israel” despite the latter’s “disengagement” in 2005 because of continued Israeli control over the Gazan airspace, territorial waters, land crossings, water, electricity, electromagnetic sphere and civilian infrastructure as well as key governmental functions, such as the management of the Palestinian population registry for Gaza. (p. 14)

     

  • Features of Israel’s 16 year siege of Gaza: The request details the devastating consequences of Israel’s blockade imposed in response to Hamas’ electoral victory since 2006, including restrictions on freedom of movement fragmenting Palestinians in Gaza from Palestinians in the occupied West Bank, the restriction of food imports into Gaza “in accordance with calories consumed per person, to limit the transfers of food to a ‘humanitarian minimum’, without causing hunger or malnutrition” a practice Norman Finkelstein has referred to as Israel’s “starvation+” diet for Palestinians in Gaza (p. 25). The request further recalls that the 16 year Israeli siege of Gaza also included the implementation of a buffer zone restricting access to 24% of Gaza’s agricultural land for farming and the prevention of fishing beyond a certain distance from the shore of Gaza (p. 15). The request provides additional invaluable context on the situation in Gaza pre-October 7, 2023. For example, UNCTAD infamously warned in 2015 that “the restrictive measures imposed by Israel risked making Gaza uninhabitable by 2020”. Further, the request notes that the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 described Gaza in 2020 as ‘an impoverished ghetto with a decimated economy and a collapsing social service system” and in 2022 as having undergone “a multi-decade process of development, deindustrialization, resulting in a 45% unemployment rate and a 60% poverty rate, with 80% of the population dependent on some form of international assistance” with Palestinians in Gaza having “endured four highly assymetrical wars with Israel over the past 13 years, with enormous loss of civilian life and immense property destruction.” (p. 16)

     

  • Pattern of Israeli impunity re crimes against Palestinian civilians in Gaza: South Africa builds a strong case of Israel as a pariah that has consistently targeted Gazan civilians, their infrastructure, and land in an “excessive” manner (pp. 17-18) which is undoing foundational principles of international law like distinction and proportionality (p. 19). 

     

    • The request cites a UN report from 2009 reminding that with respect to Operation Cast Lead “statements by political and military leaders prior to and during the military operations in Gaza leave little doubt that disproportionate destruction and violence against civilians were part of a deliberate policy…” and further concluding that “the plan [was] directed, at least in part, at a different target: the people of Gaza as a whole…” “to make the daily process of living, and dignified living, more difficult for the civilian population…” (p. 20). The request notes that the same 2009 report “excluded” the possibility that hospitals were being used by Palestinian armed groups (p. 19) and confirmed instead Israel’s practice of “using Palestinians as human shields” which is prohibited under international humanitarian law (p. 19). Side note: I wish to point out that while Israel continues to hurl accusations, in this current moment, of Hamas operating from hospitals and using Palestinians as “human shields” it fails to mention that these accusations were investigated previously by the UN and proven to be false (with even the Israeli Supreme Court finding in 2005 that it is Israel which has unlawfully used Palestinians as human shields — every accusation is an admission vibes). 

       

    • Similarly, a fact finding commission established pursuant to the Human Rights Council report dealing with Operation Protective Edge in 2014 found that “the [IOF] carried out destructions that were not required by military necessity” and “the vast scale of destruction may have been adopted as tactics of war” (pp. 22-23). 

       

    • Finally, a UN report from 2020 cited to in the request noted that “the actions of Israel towards the protected population of Gaza amount to collective punishment under international law. The two million Palestinians of Gaza are not responsible for the deeds of Hamas and other militant groups, yet they have endured a substantial share of the punishment, intentionally so.” (p. 23)

       

  • Palestinians in the occupied West Bank suffer repeated systemic human rights violations living under Israel’s apartheid regime:South Africa paints a similarly dark picture of life in the occupied West Bank for 2.7 million Palestinians who suffer from “discriminatory laws, policies, and practices” constituting an “apartheid regime”. There’s reference to, inter alia, the (i) segregating Wall (which the ICJ is well aware of, having already decided in its advisory opinion in 2004 that such wall was illegal, ordering its dismantlement, an order blatantly ignored by Israel), (ii) discriminatory land zoning and planning polices, (iii) punitive and administrative house demolitions, (iv) violent Israeli army incursions into Palestinian homes, (v) arbitrary arrests and indefinitely renewable administrative detention (a.k.a. kidnapping Palestinian civilians including children without charge or trial) and (vi) a dual legal system subjecting Palestinians to military law and Jewish Israelis to civil law for the same crime. The request notes that this apartheid reality is also exacerbated by settler violence “overtly supported by Israeli politicians”. The result is that 2023 was the deadliest year on record for Palestinians since 2005 including for Palestinian children in the West Bank with at least 38 Palestinian children having been killed prior to October 7 and an additional 77 Palestinian children having been killed since October 7. On the matter of arbitrary arrests, the request notes that since October 7, Israel “detained more than 3,000 Palestinians from the West Bank and East Jerusalem, including for social media posts relating to the situation in Gaza” and “significantly increased the number of Palestinians held in administrative detention, without charge or trial, to 2070.” While all eyes were on the attacks against Gaza’s healthcare system, the request reminds that since October 7, Israel has carried out 236 attacks on healthcare in the occupied West Bank. (pp. 27-28)

     

  • Israel oversees an apartheid regime: While Israel’s apartheid regime has existed since the inception of the state, the analysis has gained mainstream acceptance in the human rights community with the publication of reports by Btselem, Human Rights Watch, and Amnesty International in 2021 and 2022 thoroughly describing this apartheid system. That being said, Israel has not yet been held accountable for subjecting Palestinians to an apartheid regime despite the fact that apartheid is a crime against humanity under international law. South Africa’s request does not mince words when it notes that this genocide is being carried out “in the broader context of Israel’s conduct towards Palestinians during its 75-year-long apartheid, its 56-year long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law associated therewith, including grave breaches of the Fourth Geneva Convention, and other war crimes and crimes against humanity”. (p. 2)

     

  • Facts and law: The request contains robust factual and legal analysis of violations of the Genocide Convention by Israel since October 7, 2023 including committing genocide and failing to prevent or punish: genocide, direct and public incitement to genocide, conspiracy to commit genocide, and complicity in genocide.

     

    • The detailed factual account of Israel’s actions in Gaza since October 7 is based in “significant part on statements and reports by United Nations chiefs and bodies and [NGOs], as well as eye-witneess accounts from Gaza — including from Palestinian journalists on the ground — in circumstances where Israel continues to restrict access to Gaza by international journalists, investigators and fact-finding teams.” (p. 4) 

       

    • As for the law, the request points to three of the five genocidal acts under the Genocide Convention, i.e. (i) killing Palestinians in Gaza (including children), (ii) causing serious bodily and mental harm to Palestinians in Gaza, and (iii) inflicting conditions of life intended to bring about their destruction as a group. As to the two remaining legal bases for genocide under the Genocide Convention, the request does not mention “forcibly transferring children of the group to another group” although there have been reports of Palestinian children being kidnapped by Israeli soldiers from Gaza and taken to Israel (a post on this is forthcoming). The request does mention the taking of measures to prevent Palestinian birth but not as a own standalone legal basis. Rather, it is discussed as evidence of the third legal basis for genocide — inflicting conditions of life intended to bring about their destruction as a group — along with four other policies applied by Israel to Palestinians in Gaza in this moment, i.e. (a) expulsions from homes and mass displacement, alongside the large-scale destruction of homes and residential areas; (b) deprivation of access to adequate food and water; (c) deprivation of access to adequate medical care; (d) deprivation of access to adequate shelter, clothes, hygiene and sanitation; and (d) the destruction of the life of the Palestinian people in Gaza. It is important to note that only one of the five actions is needed to make a showing of genocide in addition to genocidal intent. Here, according to South Africa, there are three genocidal actions taking place. 

       

  • Provisional measures and other urgent relief: In addition to asking for an expedited hearing to hear its request for the indication of provisional measures, South Africa has asked, pursuant to Article 74(4) of the Rules of the Court, for the President of the Court to call upon Israel to immediately halt all military attacks that constitute or give rise to violations of the Genocide Convention pending the holding of such hearing on provisional measures (p. 3). The court has not yet responded to this request, but the hearing on provisional measures is scheduled for January 11-12 in the Hague. It will be broadcast live on UN TV or the website of the Court and I will be tuning in and live tweeting on X (under @thegazangirl) and Instagram (under @gazangirl). Its request for provisional measures seeks, inter alia, an order that (1) Israel immediately suspend its military operations in and against Gaza; (2) Israel ensure that any military or irregular armed units which may be directed, supported or influenced by it, as well as any organisations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations referred to point (1) above; (3) South Africa and Israel each, in accordance with their obligations under Genocide Convention, in relation to the Palestinian people in Gaza, take all reasonable measures within their power to prevent genocide; and (4) Israel in accordance with its obligations Genocide Convention, in relation to the Palestinian people as a group, protected by the Genocide Convention, desist from the commission of any acts of killing, causing serious bodily or mental harm, inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part and measures intended to prevent births within the group. It also asks for Israel to be required to desist from and rescind relevant orders or restrictions relating to the (i) expulsion and forced displacement; (ii) deprivation of access to adequate food and water; (iii) deprivation of access to humanitarian assistance like adequate fuel, shelter, clothes, hygiene and sanitation; '(iv) deprivation of access to medical supplies and assistance; and (v) the destruction of Palestinian life in Gaza. South Africa also calls on the Court to require Israel to take steps to preserve evidence. 

     

  • Genocidal intent: South Africa refers to statements of Israeli State officials’ specific intent to commit and persist in genocidal acts or fail to prevent them as “significant and overt since October 2023” and clearly explains that “[t]hose statements of intent — when combined with the level of killing, maiming, displacement and destruction on the ground, together with the siege — evidence an unfolding and continuing genocide”. (p. 59) In particular, South Africa cites to over 60 statements of genocidal intent, including those statements expressed at the highest levels of government (pp. 59-67). It is notable that the true scope of genocidal statements made in Israeli government, military, media, and society at large is so much more than what is even in this request (which already seems like quite a lot). Law 4 Palestine has developed a database tracking over 500 statements of genocidal intent made by Israeli officials, media, and more since October 7, 2023. It is also noteworthy that since the filing of this request, statements evidencing genocidal intent continue to be made by Israeli officials and public figures, like for example this former Israeli foreign ministry official arguing for the “immediate destruction” of UNRWA on January 4, 2024.

     

  • Duty to prevent Genocide: One of the key features of the Genocide Convention is that its focus is not only on seeking accountability for Genocide once it has happened, but the Convention actually imposes on signatories an obligation to prevent Genocide before it happens. Therefore, a signatory to the Convention can violate it obligations not only by committing genocide, acts of complicity in genocide and incitement to genocide but also by failing to take steps to prevent genocide. It is on this basis that South Africa brought this petition, i.e. by arguing that it has a positive obligation to take steps to prevent genocide under the Convention. 

     

  • South Africa’s comments on the International Criminal Court: Despite confirming that the Office of the Prosecutor at the International Criminal Court “has an ongoing investigation with jurisdiction over Palestine” including over “current events in Gaza and also current events in the West Bank”, South Africa pointed out that “the Prosecutor has not given any more recent indication as to the state of any investigation in relation to the Situation in the State of Palestine, including in response to the request of the 17 November 2023 by South Africa and other States that the ICC investigate inter alia the crime of genocide”. (p. 24) While I would have liked South Africa to make a stronger statement against the ICC’s failure in this moment, it chose to restrain itself.