Nations Urged to Back ICJ Case Against Israel After Experts Confirm Genocide Underway

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

An injured Palestinian girl is brought to the al-Aqsa Martyrs Hospital after an Israeli airstrike hit al-Maghazi Refugee Camp in Deir al-Balah, Gaza on January 09, 2024.  (Photo: Ashraf Amra/Anadolu via Getty Images)

“How many more alarm bells have to ring and how many more civilians must unlawfully suffer or be killed before governments take action?” asked one human rights expert.

Human rights advocates are ramping up pressure on nations to formally back South Africa’s case against Israel at the International Court of Justice after a panel of experts determined that the Israeli military’s actions in the Gaza Strip—paired with officials’ overt statements of intent to wipe out the Palestinian population—constitute sufficient evidence that a genocide is underway.

Democracy for the Arab World Now (DAWN) and the American Friends Service Committee (AFSC) convened the expert roundtable last month, before South Africa submitted its 84-page ICJ application accusing Israel of violating its obligations under the Genocide Convention, which also requires signatories to prevent genocide.

“We have to be clear that this is a very unique case, indeed textbook, in the way that intent is articulated openly and explicitly in an
unashamed way,” Raz Segal, associate professor of Holocaust and genocide studies at Stockton University, said during his December presentation, pointing to remarks by Israeli Prime Minister Benjamin Netanyahu and other high-ranking officials signaling genocidal war aims.

South Africa’s ICJ filing, submitted to the 15-judge United Nations court on December 29, features page after page of quotations from Israeli officials and lawmakers voicing what the document calls “genocidal intent against the Palestinian people.” The first public hearing on the case is scheduled to take place on Thursday.

“Expert analysis of Israeli government statements revealing their intent to destroy Palestinians in Gaza, combined with military actions on the ground, including mass killings, forced displacement, and the deprivation of items essential to life in Gaza, suggest that the crime of genocide is being committed against the Palestinian population,” Sarah Leah Whitson, DAWN’s executive director, said Tuesday. “South Africa’s charging Israel with genocide before the International Court of Justice underscores the need for decisive international action to compel a cease-fire and hold the perpetrators of these atrocities accountable.”

Francis Boyle, the first human rights lawyer to ever win an order from the ICJ under the Genocide Convention, toldDemocracy Now! last week that based on his “careful review of all the documents so far submitted” by South Africa, he believes the country “will win an order against Israel to cease and desist from committing all acts of genocide against the Palestinians.”

Thus far, at least seven national governments and the Organization of Islamic Cooperation—which includes 57 member states—have issued statements supporting South Africa’s case against Israel. But only Jordan has signaled that it plans to officially back South Africa’s case with a Declaration of Intervention.

Such declarations allow countries to “formally express their support for the case and contribute to the legal proceedings, enhancing the case’s legitimacy and impact,” DAWN explained, noting that more than 30 nations—including the U.S., Israel’s top ally and arms supplier—submitted Declarations of Intervention in Ukraine’s genocide case against Russia at the ICJ.

“South Africa’s application to the International Court of Justice, invoking the Genocide Convention against Israel, represents a pivotal moment in the pursuit of global justice and accountability,” said Raed Jarrar, DAWN’s advocacy director. “It is time for the international community to support this process and speak with one voice to stop the genocide against the Palestinian people.”

With national and grassroots support for South Africa’s case growing, Israel has been pressuring governments around the world to speak out against the filing as it continues to wage war on Gaza’s desperate and starving population. On Tuesday, as Common Dreamsreported, U.S. Secretary of State Antony Blinken dismissed South Africa’s case as “meritless” even as the Biden administration refuses to formally assess whether Israel has adhered to international law.

Since South Africa submitted its application to the ICJ late last month, Israel has killed more than 2,100 people in the Palestinian enclave and injured thousands more, according to the Euro-Mediterranean Human Rights Monitor.

“How many more alarm bells have to ring and how many more civilians must unlawfully suffer or be killed before governments take action?” Balkees Jarrah, associate international justice director at Human Rights Watch, asked Wednesday. “South Africa’s genocide case unlocks a legal process at the world’s highest court to credibly examine Israel’s conduct in Gaza in the hopes of curtailing further suffering.”

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

Continue ReadingNations Urged to Back ICJ Case Against Israel After Experts Confirm Genocide Underway

More than 1,000 trade unionists block four Israeli weapons factories

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https://www.morningstaronline.co.uk/article/b/more-1000-trade-unionists-block-four-israeli-weapons-factories

Activists blockade Eaton Mission Systems in Bournemouth Photo:  Workers for a Free Palestine

FOUR arms factories producing parts for Israeli fighter jets were shut down in protests by more than 1,000 trade unionists today.

Campaigners calling for an end to Britain’s complicity in war crimes being committed in Gaza blockaded sites at Bournemouth, Glasgow, Brighton and Lancashire.

The demonstrations were organised by campaign group Workers for a Free Palestine in co-ordination with workers in France, Denmark and the Netherlands, involving members from trade unions including Unite, Unison, GMB, the NEU, the BMA, UCU, Bectu and BFAWU.

The campaign group said they targeted sites run by defence giant BAE Systems which produces parts for the F-35 stealth combat jet currently being used by Israel to bombard Gaza.

More than 600 blockaded Eaton Mission Systems in Bournemouth alone.

A spokeswoman for Workers for a Free Palestine said: “The fighter jets these factories help to produce are being used to imprison the people of Gaza in a death trap.

“Workers all over Britain are rising up for Palestine, saying we will not allow arms used in a genocide to be supplied in our name and funded by our taxes.

https://www.morningstaronline.co.uk/article/b/more-1000-trade-unionists-block-four-israeli-weapons-factories

Craig Murray discusses the positive legal obligation to prevent genocide.

Every single state in the world has a positive duty to intervene to prevent the Genocide in Gaza now, not after a court has reached a determination of genocide. This is made crystal clear in para 431 of the International Court of Justice judgment in Bosnia vs Serbia:

This obviously does not mean that the obligation to prevent genocide only comes into being when perpetration of genocide commences ; that would be absurd, since the whole point of the obligation is to prevent, or attempt to prevent, the occurrence of the act. In fact, a State’s obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed. From that moment onwards, if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent (dolus specialis), it is under a duty to make such use of these means as the circumstances permit.

This case was specifically on the application of the Genocide Convention. That the ICJ has ruled there is a positive duty on states to act to prevent genocide makes it even more astonishing to me that no state has invoked the Genocide Convention over the blatant genocide being committed by Israel in Gaza.

Continue ReadingMore than 1,000 trade unionists block four Israeli weapons factories

Craig Murray discusses activating the Genocide Convention

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Palestinians inspect the damage following an Israeli airstrike on the El-Remal aera in Gaza City on October 9, 2023. Israel continued to battle Hamas fighters on October 10 and massed tens of thousands of troops and heavy armour around the Gaza Strip after vowing a massive blow over the Palestinian militants' surprise attack. Photo by Naaman Omar apaimages. licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.
Palestinians inspect the damage following an Israeli airstrike on the El-Remal aera in Gaza City on October 9, 2023. Israel continued to battle Hamas fighters on October 10 and massed tens of thousands of troops and heavy armour around the Gaza Strip after vowing a massive blow over the Palestinian militants’ surprise attack. Photo by Naaman Omar apaimages. licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.

https://www.craigmurray.org.uk/archives/2023/11/activating-the-genocide-convention/

There are 149 states party to the Genocide Convention. Every one of them has the right to call out the genocide in progress in Gaza and report it to the United Nations. In the event that another state party disputes the claim of genocide – and Israel, the United States and the United Kingdom are all states party – then the International Court of Justice is required to adjudicate on “the responsibility of a State for genocide”.

There is, at the very least, a strong prima facie case that the actions of the United States and United Kingdom and others, in openly providing direct military support to be used in genocide, are complicity in genocide. The point of Article IV is that individuals are responsible, not just states. So Netanyahu, Biden and Sunak bear individual responsibility. So, indeed, do all those who have been calling for the destruction of the Palestinians.

It is very definitely worth activating the Genocide Convention. A judgement of the International Court of Justice that Israel is guilty of genocide would have an extraordinary diplomatic effect and would cause domestic difficulties in the UK and even in the US in continuing to subsidise and arm Israel. The International Court of Justice is the most respected of international institutions; while the United States has repudiated its compulsory jurisdiction, the United Kingdom has not and the EU positively accepts it.

If the International Court of Justice makes a determination of genocide, then the International Criminal Court does not have to determine that genocide has happened. This is important because unlike the august and independent ICJ, the ICC is very much a western government puppet institution which will wiggle out of action if it can. But a determination of the ICJ of genocide and of complicity in genocide would reduce the ICC’s task to determining which individuals bear the responsibility. That is a prospect which can indeed alter the calculations of politicians.

It is also the fact that a reference for genocide would force the western media to address the issue and use the term, rather than just pump out propaganda about Hamas fighting bases in hospitals. Furthermore a judgement from the ICJ would automatically trigger a reference to the United Nations General Assembly – crucially not to the western-vetoed Security Council.

All this begs the question of why no state has yet invoked the Genocide Convention. This is especially remarkable as Palestine is one of the 149 states party to the Genocide Convention, and for this purpose would have standing before both the UN and the ICJ.

Any one of the 139 states party could invoke the Genocide Convention against Israel and its co-conspirators. Those states include Iran, Russia, Libya, Malaysia, Bolivia, Venezuela, Brazil, Afghanistan, Cuba, Ireland, Iceland, Jordan, South Africa, Turkey and Qatar. But not one of these states has called out the genocide. Why?

https://www.craigmurray.org.uk/archives/2023/11/activating-the-genocide-convention/

Continue ReadingCraig Murray discusses activating the Genocide Convention