South African attorney Tembeka Ngcukaitobi on Thursday used the words of Israeli Prime Minister Benjamin Netanyahu and other high-ranking officials to make the case to the International Court of Justice—and to the world—that Israel’s military is acting with clear genocidal intent in the Gaza Strip.
“Let the prime minister’s words speak for themselves,” said Ngcukaitobi, pointing to Netanyahu’s November remarks urging Israelis to “remember what Amalek has done to you. Netanyahu has repeatedly likened Gazans to the Amalekites, whom the Old Testament God orders King Saul to massacre.
Ngcukaitobi went on to cite the deputy speaker of the Israeli Knesset, who called on Israel’s military to “burn Gaza” to the ground—a statement he reiterated ahead of Thursday’s hearing at the United Nations’ highest court.
“There is an extraordinary feature in this case: that Israel’s political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent,” said Ngcukaitobi. “And these statements are then repeated by soldiers on the ground in Gaza as they engage in the destruction of Palestinians and the physical infrastructure of Gaza.”
The South African attorney played video footage of Israeli soldiers dancing and chanting that there are “no uninvolved civilians” in Gaza—a precursor to the war crime of collective punishment.
A protester reacts as demonstrators are confronted by Palestinian Authority security forces during a protest held in Ramallah as US Secretary of State Antony Blinken met with the Palestinian president in the Israeli-occupied West Bank on January 10, 2024. (Photo by Marco Longari/AFP via Getty Images)
If the ICJ issues a provisional order for a ceasefire in Gaza, humanity must seize the moment to insist that Israel and the United States must finally end this genocide and accept that the rule of international law applies to all nations.
On January 11th, the International Court of Justice (ICJ) in The Hague is holding its first hearing in South Africa’s case against Israel under the Genocide Convention. The first provisional measure South Africa has asked of the court is to order an immediate end to this carnage, which has already killed more than 23,000 people, most of them women and children. Israel is trying to bomb Gaza into oblivion and scatter the terrorized survivors across the Earth, meeting the Convention’s definition of genocide to the letter.
Since countries engaged in genocide do not publicly declare their real goal, the greatest legal hurdle for any genocide prosecution is to prove the intention of genocide. But in the extraordinary case of Israel, whose cult of biblically ordained entitlement is backed to the hilt by unconditional U.S. complicity, its leaders have been uniquely brazen about their goal of destroying Gaza as a haven of Palestinian life, culture and resistance.
South Africa’s 84-page application to the ICJ includes ten pages (starting on page 59) of statements by Israeli civilian and military officials that document their genocidal intentions in Gaza. They include statements by Prime Minister Netanyahu, President Herzog, Defense Minister Gallant, five other cabinet ministers, senior military officers, and members of parliament. Reading these statements, it is hard to see how a fair and impartial court could fail to recognize the genocidal intent behind the death and devastation Israeli forces and American weapons are wreaking in Gaza.
The Palestinians understand perfectly well who is bombing them—and who is supplying the bombs.
The Israeli magazine +972 talked to seven current and former Israeli intelligence officials involved in previous assaults on Gaza. They explained the systematic nature of Israel’s targeting practices and how the range of civilian infrastructure that Israel is targeting has been vastly expanded in the current onslaught. In particular, it has expanded the bombing of civilian infrastructure, or what it euphemistically defines as “power targets,” which have comprised half of its targets from the outset of this war.
Israel’s “power targets” in Gaza include public buildings like hospitals, schools, banks, government offices, and high-rise apartment blocks. The public pretext for destroying Gaza’s civilian infrastructure is that civilians will blame Hamas for its destruction, and that this will undermine its civilian base of support. This kind of brutal logic has been proved wrong in U.S.-backed conflicts all over the world. In Gaza, it is no more than a grotesque fantasy. The Palestinians understand perfectly well who is bombing them—and who is supplying the bombs.
Intelligence officials told +972 that Israel maintains extensive occupancy figures for every building in Gaza, and has precise estimates of how many civilians will be killed in each building it bombs. While Israeli and U.S. officials publicly disparage Palestinian casualty figures, intelligence sources told +972 that the Palestinian death counts are remarkably consistent with Israel’s own estimates of how many civilians it is killing. To make matters worse, Israel has started using artificial intelligence to generate targets with minimal human scrutiny, and is doing so faster than its forces can bomb them.
Israeli officials claim that each of the high-rise apartment buildings it bombs contains some kind of Hamas presence, but an intelligence official explained, “Hamas is everywhere in Gaza; there is no building that does not have something of Hamas in it, so if you want to find a way to turn a high-rise into a target, you will be able to do so.” As Yuval Abraham of +972 summarized, “The sources understood, some explicitly and some implicitly, that damage to civilians is the real purpose of these attacks.”
Two days after South Africa submitted its Genocide Convention application to the ICJ, Israeli Finance Minister Smotrich declared on New Year’s Eve that Israel should substantially empty the Gaza Strip of Palestinians and bring in Israeli settlers. “If we act in a strategically correct way and encourage emigration,” Smotrich said, “if there are 100,000 or 200,000 Arabs in Gaza, and not two million, the whole discourse on ‘the day after’ will be completely different.”
When reporters confronted U.S. State Department spokesman Matt Miller about Smotrich’s statement, and similar ones by National Security Minister Itamar Ben-Gvir, Miller replied that Prime Minister Netanyahu and other Israeli officials have reassured the United States that those statements don’t reflect Israeli government policy.
We should have learned from America’s lost wars that mass murder and ethnic cleansing rarely lead to political victory or success.
But Smotrich and Ben-Gvir’s statements followed a meeting of Likud Party leaders on Christmas Day where Netanyahu himself said that his plan was to continue the massacre until the people of Gaza have no choice but to leave or to die. “Regarding voluntary emigration, I have no problem with that,” he told former Israeli UN Ambassador Danny Danon. “Our problem is not allowing the exit, but a lack of countries that are ready to take Palestinians in. And we are working on it. This is the direction we are going in.”
We should have learned from America’s lost wars that mass murder and ethnic cleansing rarely lead to political victory or success. More often they only feed deep resentment and desires for justice or revenge that make peace more elusive and conflict endemic.
Although most of the martyrs in Gaza are women and children, Israel and the United States politically justify the massacre as a campaign to destroy Hamas by killing its senior leaders. Andrew Cockburn described in his book Kill Chain: the Rise of the High-Tech Assassins how, in 200 cases studied by U.S. military intelligence, the U.S. campaign to assassinate Iraqi resistance leaders in 2007 led in every single case to increased attacks on U.S. occupation forces. Every resistance leader they killed was replaced within 48 hours, invariably by new, more aggressive leaders determined to prove themselves by killing even more U.S. troops.
But that is just another unlearned lesson, as Israel and the United States kill Islamic Resistance leaders in Gaza, the West Bank, Lebanon, Iraq, Yemen and Iran, risking a regional war and leaving themselves more isolated than ever.
If the ICJ issues a provisional order for a ceasefire in Gaza, humanity must seize the moment to insist that Israel and the United States must finally end this genocide and accept that the rule of international law applies to all nations, including themselves.
Rabbis hold a peace action at the United Nations Security Council in New York on January 9, 2024. (Photo: Jews for Racial & Economic Justice)
“The U.N. was created in the aftermath of World War II and the Holocaust, with the very intention of ensuring ‘Never Again,'” said Rabbis for Ceasefire. “We are here as Jews, as rabbis, to urge the U.N. to follow through.”
After arriving at the United Nations headquarters on Tuesday, ostensibly for a scheduled tour, three dozen rabbis and rabbinical students made their way into the U.N. Security Council’s chamber to stage the latest high-profile demonstration demanding the United States end its opposition to a cease-fire in Gaza.
The rabbis—whose action was organized by Rabbis for Cease-fire, Jews for Racial and Economic Justice, Jewish Voice for Peace, and IfNotNow—displayed banners with messages for U.S. President Joe Biden: “Biden: The World Says Cease-Fire,” and “Biden: Stop Vetoing Peace.”
The protest came weeks after the U.S. alone vetoed a U.N. Security Council resolution calling for Israel to end its bombardment of Gaza, which has killed at least 23,210 people, injured more than 59,100, and left thousands more missing and feared dead under rubble, as the population of the enclave faces starvation and disease stemming from Israel’s blockade.
“[President Joe] Biden and the U.S. must stop vetoing peace and end Israel’s bombing and starvation of Gaza,” said IfNotNow.
WOW. 36 rabbis led by @rodfeishalom just held a prayerful sit-in at the @UN Security Council to remind President Biden that the whole world demands a permanent #CeasefireNOW.
In addition to vetoing the Security Council measure last month, the U.S. abstained from voting on a resolution to increase humanitarian aid to Gaza and opposed a U.N. General Assembly resolution calling for a cease-fire.
The country’s isolated stance was starkly illustrated by the latter vote, with 153 nations supporting the cease-fire, including longtime U.S. allies like Canada, France, and Spain backing the resolution, and only nine countries joining the United States.
“Since the Biden administration is consistently, single-handedly blocking the U.N. from taking any meaningful action for a cease-fire, we are organizing 36 rabbis and rabbinical students from seven different states to come to the U.N. themselves, and say, ‘We’re speaking for the people, this is a moral call,'” Sophie Ellman-Golan, communications director for Jews for Racial and Economic Justice, told HuffPost.
Organizers said at a press conference after the protesters were escorted out of the building that six of the rabbis had gained access to the U.N. General Assembly floor, where they displayed one of the banners to the assembled leaders.
Members of Rabbis for Ceasefire brought our message to the @UN General Assembly to tell the U.S. to stop vetoing peace. Ceasefire now! pic.twitter.com/No21j1CeSL
HuffPost reported that one of the rabbis signaled the beginning of the protest during the tour by blowing into a traditional shofar horn, while Rabbis for Cease-fire founder and lead organizer Alissa Wise quoted the biblical Book of Isaiah.
“They shall beat their swords into plowshares, and their spears into pruning hooks,” said Wise. “Nation shall not lift up swords against nation. Neither shall they learn war anymore.”
Video from inside the U.N. Security Council Chamber this morning shows the beginning of a Rabbis for Ceasefire protest calling on the U.S. & int'l community to stop the Israeli military operation in Gaza. The men in suits are surprised U.N. tour guides. pic.twitter.com/egZyKsxuXs
The groups called on the U.S. and all U.N. members to:
Reaffirm and recommit to the goals of the United Nations Charter and the Universal Declaration of Human Rights, taking meaningful action to stop the slaughter of Palestinians in Gaza;
Hold another Security Council vote to pass a resolution for cease-fire that includes lifting the siege and hostage exchange; and
Bring to the General Assembly a resolution calling for appropriate accountability measures in line with international law, including an immediate arms embargo.
“The U.N. was created in the aftermath of World War II and the Holocaust, with the very intention of ensuring ‘Never Again,'” said Rabbis for Cease-fire. “We are here as Jews, as rabbis, to urge the U.N. to follow through on this noble mission. Never again means never again for any of us.”
5/5 @UN General Assembly already voted with an overwhelming majority for Ceasefire. But the @USUN is thwarting the efforts of the Security Council to take meantingful action for a ceasefire. The US is standing in the way of the international community taking action to save lives.
An organizer said as the rabbis assembled that “the U.N. is the appropriate place for meaningful action for cease-fire and accountability for Israel’s war crimes.”
The demonstration came two days before the International Court of Justice, the U.N.’s top judicial body, is set to hold a hearing on South Africa’s lawsuit claiming Israel has committed acts of genocide in Gaza. Turkey, Malaysia, and the Organization of Islamic Cooperation have all expressed support for South Africa’s claim, while Jordan indicated last week it had filed documents to submit a Declaration of Intervention at the court, backing the lawsuit.
More than 900 worldwide civil society groups have joined a call for other governments to submit Declarations of Intervention to bolster South Africa’s case.
The Biden administration said Tuesday that South Africa’s case is “meritless,” despite the country’s detailed, 84-page complaint highlighting specific calls from Israeli officials to wipe out the population of Gaza and force them to leave the enclave.
“The U.S.,” said Rabbis for Cease-fire, “is standing in the way of the international community taking action to save lives.”
A picture taken from Rafah on January 6, 2024 shows smoke billowing over Khan Younis in the southern Gaza Strip during Israeli bombardment. (Photo: AFP via Getty Images)
“This war should never have started. But it’s long past time for it to end,” said United Nations emergency relief coordinator Martin Griffiths.
The United Nations’ emergency relief coordinator warned Friday that the threat of a broader conflict in the Middle East is growing rapidly as Israel’s assault continues in Gaza, which the U.N. official said has been rendered “uninhabitable” by near-constant airstrikes and a suffocating blockade.
“The specter of further regional spillover of the war is looming dangerously close,” Martin Griffiths, the U.N.’s under-secretary-general for humanitarian affairs, said in a statement, pointing to the humanitarian catastrophe in Gaza, mounting Israeli attacks in the West Bank, and rocket attacks on Israel. “Hope has never been more elusive.”
Griffiths, a longtime diplomat who has described the situation in Gaza as the worst humanitarian crisis he’s ever witnessed, issued his unsparing statement at the tail end of a week that saw Israel and the United States launch deadly strikes in Lebanon and Iraq, killing a senior Hamas official and the leader of an Iran-aligned militia.
On Saturday, Hezbollah responded to Israel’s drone strike on an office building in the Lebanese capital of Beirut by firing rockets at a military base in northern Israel, heightening fears of an escalatory spiral.
While the Biden administration insists it wants to avert a regional war, it continues to provide Israel with lethal military aid and oppose international efforts to enact a permanent cease-fire that analysts say is necessary to stop the conflict from spreading. The U.S. is also reportedly drafting plans to bomb Yemen in response to Houthi attacks on vessels in the Red Sea.
The Houthis have said the attacks will stop once Israel ends its catastrophic assault on the Gaza Strip.
The de facto Yemeni government has announced they are fulfilling their obligations under Article 1 of the convention on the prevention of genocide. They say that the blockade of Israeli-bound ships in the Red Sea will end when the attempted genocide ends pic.twitter.com/1sAW8LlmkX
Griffiths said Friday that the situation in Gaza is shockingly dire, with displaced families “sleeping in the open as temperatures plummet” and the territory’s remaining medical facilities “under relentless attack.”
“The few hospitals that are partially functional are overwhelmed with trauma cases, critically short of all supplies, and inundated by desperate people seeking safety,” said Griffiths. “Infectious diseases are spreading in overcrowded shelters as sewers spill over. Some 180 Palestinian women are giving birth daily amidst this chaos. People are facing the highest levels of food insecurity ever recorded. Famine is around the corner.”
“For children in particular,” Griffiths added, “the past 12 weeks have been traumatic: No food. No water. No school. Nothing but the terrifying sounds of war, day in and day out.”
Much of Gaza has been decimated by Israeli bombs, many of which were supplied by the United States. The Euro-Mediterranean Human Rights Monitor said Friday that around 68,000 housing units in Gaza have been completely destroyed by Israeli airstrikes.
Roughly 4% of Gaza’s population—more than 90,000 people—has been killed, wounded, or left missing by Israeli attacks since October 7, the group estimated.
“It is time for the parties to meet all their obligations under international law, including to protect civilians and meet their essential needs, and to release all hostages immediately,” Griffiths said. “It is time for the international community to use all its influence to make this happen. This war should never have started. But it’s long past time for it to end.”
Protesters gathered at a General Dynamics factory in Saco, Maine on January 3, 2024. (Photo: Lisa Savage/X)
“Why do we tolerate this massive bomb factory here in Maine, exploiting the toils of local workers to aid with the intentional mass murder and displacement of innocent children and families in Palestine?”
Defenders of Palestinian rights on Wednesday organized a campout protest at a General Dynamics factory in the city of Saco, Maine to pressure the weapons giant to “stop arming Israel’s genocide in Gaza.”
The demonstrators, led by the Maine Coalition for Palestine, arrived at the roadway leading into the factory before dawn in an effort to prevent workers from entering the facility.
“Genocide in Gaza is currently supported by General Dynamics,” said organizer Lisa Savage of Solon in a statement. “It supplies Israel with the artillery ammunition and bombs used to kill and maim civilians and children in Gaza—which is illegal collective punishment.”
Folks with Maine Coalition for Palestine blocking the entrance this morning to General Dynamics in Saco, which makes the metal bodies of the MK-80 bomb series, the primary weapon type that Israel uses to bomb Gaza. pic.twitter.com/1sLf5eZVYt
Since the Hamas-led attack that set off the war on October 7, the Israel Defense Forces (IDF) have killed more than 22,000 Palestinians in Gaza, injured over 57,000 more, and devastated civilian infrastructure including homes, hospitals, schools, and mosques. A growing number of world leaders and legal scholars have accused Israel of genocide.
General Dynamics—which is headquartered in Virginia but has locations across the United States and around the world—is among a few dozen companies identified in an American Friends Service Committee database as aiding the U.S.-backed Israeli war effort with 155mm caliber artillery shells and the metal bodies of the MK-80 bomb series.
“Since October, more than 5,000 of the 500-lb MK-82 bombs—some made in Saco—have been given to Israel by the U.S.,” said Yusuf Ebrahim, an Iraqi American physician who participated in the protest. “These munitions play a particularly direct role in the ongoing criminal genocide of Palestinians by the IDF, targeting densely populated areas such as the Jabalia refugee camp.”
“Why do we tolerate this massive bomb factory here in Maine, exploiting the toils of local workers to aid with the intentional mass murder and displacement of innocent children and families in Palestine?” Ebrahim continued. “Meanwhile, many local community members suffer from hunger and housing insecurity and cannot afford medical care.”
Members of the Maine Coalition for Palestine include the groups Healthcare Workers for Palestine, the Maine Natural Guard, the Maine Party for Socialism & Liberation, Maine Voices for Palestinian Rights, Portland CONFRONT, and Students for Justice in Palestine from college campuses in the state.
The coalition’s Wednesday action came after a demonstration last month that drew more than 100 protesters to Bath Iron Works, a General Dynamics subsidiary that builds ships for the U.S. military.
The Bangor Daily News reported that Cecil Carey of Skowhegan, a teacher who spoke at the December event, said the group was protesting in Bath because the U.S. government has “got money for war but can’t feed the poor.”
“I do not want my tax dollars going to bomb people in the Middle East,” Carey said. “I want my tax dollars helping my students and their families.”
The United States gives Israel $3.8 billion in annual military aid each year and U.S. President Joe Biden has responded to the Israeli assault on Gaza by asking federal lawmakers for an additional $14.3 billion package that is still under consideration. Since the war began, the Biden administration has also twice bypassed Congress to enable arms sales to Israel.
