‘Most Thorough Legal Analysis’ Yet Concludes Israel Committing Genocide in Gaza

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Original article by JESSICA CORBETT republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

A Palestinian boy observes the site of an Israeli strike on a school sheltering displaced people in the central Gaza Strip on May 14, 2024.
 (Photo” Majdi Fathi/NurPhoto via Getty Images)

The University Network for Human Rights report also stresses that other nations are legally obligated to “refrain from recognizing Israel’s breaches as legal or taking any actions that may amount to complicity.”

The University Network for Human Rights on Wednesday released and sent to United Nations offices a 105-page report that it called “the most thorough legal analysis” yet to find “Israel is committing genocide” against Palestinians in the Gaza Strip.

The network partnered with the International Human Rights Clinic at Boston University School of Law, the International Human Rights Clinic at Cornell Law School, the Center for Human Rights at the University of Pretoria, and the Lowenstein Human Rights Project at Yale Law School for the analysis, which draws from “a diverse range of credible sources” and the territory’s history.

“After reviewing the facts established by independent human rights monitors, journalists, and United Nations agencies, we conclude that Israel’s actions in and regarding Gaza since October 7, 2023, violate the Genocide Convention,” the report states. “Israel has committed genocidal acts of killing, causing serious harm to, and inflicting conditions of life calculated to bring about the physical destruction of Palestinians in Gaza, a protected group that forms a substantial part of the Palestinian people.”

As of May 1, Israel’s assault had killed “more than 5% of Gaza’s population, with over 2% of Gaza’s children killed or injured,” the analysis notes. In recent days, Israeli forces have ramped up their attack on Rafah—where over a million people from other parts of the besieged enclave sought refuge—and the total death toll has risen to 35,233, according to Gaza health officials, with another 79,141 Palestinians injured.

“Israel’s military operation has destroyed up to 70% of homes in Gaza, and has decimated civilian infrastructure, including hospitals, schools, universities, U.N. facilities, and cultural and religious heritage sites,” the document says, noting the “staggering” number of forced displacements. “Civilians in Gaza face catastrophic levels of hunger and deprivation due to Israel’s restriction on, and failure to ensure adequate access to, basic essentials of life, including food, water, medicine, and fuel.”

“Israel’s genocidal acts in Gaza have been motivated by the requisite genocidal intent, as evidenced in this report by the statements of Israeli leaders, the character of the state and its military forces’ conduct against and relating to Palestinians in Gaza, and the direct nexus between them,” the publication continues, pointing to comments from “officials at all levels of Israeli government, up to and including” Prime Minister Benjamin Netanyahu.

Israel has faced mounting allegations of genocide since launching its retaliation for the Hamas-led October 7 attack—including an ongoing South Africa-led case at the International Court of Justice (ICJ), which found in January that the country is “plausibly” committing genocide.

Bolstering the ICJ’s conclusion, the Wednesday report declares that “Israel’s violations of the international legal prohibition of genocide amount to grave breaches of peremptory norms of international law that must cease immediately.”

“These violations give rise to obligations by all other states: to refrain from recognizing Israel’s breaches as legal or taking any actions that may amount to complicity in these breaches; and to take positive steps to suppress, prevent, and punish the commission by Israel of further genocidal acts against the Palestinian people in Gaza,” the document adds.

The United States has long provided Israel with billions of dollars in military aid and diplomatic support—which have soared since October 7, despite growing pressure on U.S. President Joe Biden to cut off such assistance. The Democrat has incrementally increased his criticism of the Israeli assault in recent weeks, angering far-right leaders in both countries.

The new legal analysis—which was sent to the U.N.’s Office of the High Commissioner for Human Rights, Office on Genocide Prevention and the Responsibility to Protect, and the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel—came on the same day that 20 human rights groups issued a joint statement.

The rights organizations—including Amnesty International, Mercy Corps, and Oxfam—called on world leaders “to urgently act in bringing to an end, and pursue accountability for,” Israel’s grave breaches of international humanitarian law in Gaza.

Both documents were released on Nakba Day, which commemorates the ethnic cleansing of hundreds of thousands of Palestinians during the creation of the state of Israel in 1948. Some experts and campaigners contend that the Nakba—Arabic for catastrophe—continues today.

Original article by JESSICA CORBETT republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

Continue Reading‘Most Thorough Legal Analysis’ Yet Concludes Israel Committing Genocide in Gaza

Biden Moves Forward With ‘Immoral’ $1 Billion Arms Shipment to Israel

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Original article by JULIA CONLEY republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

U.S. President Joe Biden speaks in the South Court Auditorium at the White House on February 16, 2023 in Washington, DC.
 (Photo: Drew Angerer/Getty Images)

The new shipment was announced “right after the State Department admits Israel has ‘likely’ used U.S.-supplied weapons in violation of humanitarian law,” said one journalist.

Less than a week after U.S. President Joe Biden said he was pausing a shipment of thousands of bombs to Israel, citing concerns over the safety of civilians in Rafah and other “population centers” in Gaza, the White House informed Congress Tuesday that it will soon send over $1 billion more in arms and ammunition to the Israel Defense Forces.

The package includes about $700 million for tank ammunition, $500 million in tactical vehicles, and $60 million in mortar rounds, congressional aides told TheAssociated Press.

Despite the Biden administration’s repeated claims that it believes U.S. bombs should not “be dropped in densely populated cities,” Intercept reporter Prem Thakker pointed out that the arms shipment was announced days after the State Department admitted in a report that it was “reasonable” to conclude Israel has used U.S. weapons to violate international humanitarian law in its relentless bombing of Gaza.

It was unclear whether the $1 billion shipment was part of an existing arms sale or a new transaction with Israel. The weapons are not among those included in the $17 billion in military aid for the IDF included in a foreign aid package passed last month.

At Al Jazeera, Shihab Rattansi reported that the weapons shipment is “being presented as the long-term U.S. commitment to supplying Israel with weaponry” and “has been under consideration since mid-spring,” with some of the weapons potentially not reaching the IDF for months or even up to three years.

But foreign policy analyst Rula Jebreal suggested that regardless of whether the weapons are used in Rafah, where Israel is currently expanding its assault, the shipment goes “against U.S. national security interest and global standing” and will aid Prime Minister Benjamin Netanyahu “on his lawless path of colonization.”

The shipment was announced ahead of a statement released by Amnesty International and other humanitarian groups condemning international governments—including that of the U.S.—for standing by as Israel has killed at least 35,173 Palestinians in Gaza since October while also blocking nearly all humanitarian aid, pushing part of the enclave into famine that is expected to spread.

The U.S. and other suppliers of weapons to Israel must respect last month’s United Nations Human Rights Council resolution demanding an end to weapons sales to the IDF, said the groups.

“As the main weapon provider for Israel’s military effort, the United States bears a significant responsibility for Israel’s international humanitarian law violations. In addition to halting the transfer of high payload bombs, the U.S. should also use all its leverage to halt the ongoing military operation in Rafah,” said the organizations, including Relief International and Oxfam. “All states must act now to ensure an immediate and sustained cease-fire.”

Amnesty released an analysis late last month showing that U.S. bombs were used in attacks on Gaza that likely fit the definition of war crimes.

Al Jazeera‘s Tareq Abu Azzoum reported Wednesday from Deir el-Balah, Gaza that Israel has intensified its attacks on Rafah as well as in cities in northern Gaza.

“Over the past couple of hours, we have recorded more victims in central areas of Gaza City,” reported Abu Azzoum. “Ten Palestinians have been killed in the city’s Sabra neighborhood after a U.N.-run clinic was targeted by Israeli jets.”

The IDF said Tuesday that it had hit more than 100 targets across the Gaza Strip in a 24-hour period and was continuing to carry out attacks in Rafah, where more than 1 million Palestinians have been forcibly displaced since October.

Nearly 450,000 people have now been forced to flee the southern city once again, and Al Jazeerareported Tuesday that at least one family that escaped Israel’s Rafah incursion was killed days later in an attack on a refugee camp.

Moving forward with another weapons shipment to Israel, said U.S. economic justice group Debt Collective, was “murderous” and “immoral.”

Original article by JULIA CONLEY republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue ReadingBiden Moves Forward With ‘Immoral’ $1 Billion Arms Shipment to Israel