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With Rafah Under Siege, ICJ Reiterates Israeli Obligations Under Genocide Convention

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

Palestinian children hold placards during a march demanding an end to the war and their right to live, education, and play on February 14, 2024 in Rafah, Gaza.  (Photo: Ahmad Hasaballah/Getty Images.

A South African leader welcomed the court’s affirmation that “the perilous situation demands immediate and effective implementation of the provisional measures” from its earlier ruling.

As Israeli forces plan a full-scale assault on Rafah in the southern Gaza Strip, the International Court of Justice on Friday forcefully reminded Israel that it must comply with a January order to meet its obligations under the Genocide Convention.

South Africa—which is leading the genocide case against Israel that led to six provisional measures from the ICJ last month—asked the World Court for emergency action on Tuesday in light of the Israeli plan to attack Rafah, whose population has surged to roughly 1.5 million as Palestinians have fled bombings and raids in northern Gaza.

The ICJ, which is part of the United Nations, weighed in just a day after Israel submitted its response to South Africa’s request.

“The court notes that the most recent developments in the Gaza Strip, and in Rafah in particular, ‘would exponentially increase what is already a humanitarian nightmare with untold regional consequences,'” the ICJ said Friday, quoting United Nations Secretary-General António Guterres’ remarks to the U.N. General Assembly last week.

“This perilous situation demands immediate and effective implementation of the provisional measures indicated by the court in its order of 26 January 2024, which are applicable throughout the Gaza Strip, including in Rafah, and does not demand the indication of additional provisional measures,” the World Court continued.

“The court emphasizes that the state of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said order, including by ensuring the safety and security of the Palestinians in the Gaza Strip,” the ICJ added.

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Clayson Monyela of South Africa’s Department of International Relations and Cooperation said on social media that his country welcomes the development.

“The court has affirmed our view that the perilous situation demands immediate and effective implementation of the provisional measures indicated by the court in its order of 26 January 2024 which are applicable throughout the Gaza Strip and has clarified that this includes Rafah,” he said.

The ICJ’s decision comes as countries including South Africa prepare to participate in hearings before the Hague-based court next week about Israel’s 57-year occupation of Palestine. South African representatives are set to present second, after the Palestinians.

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

Continue ReadingWith Rafah Under Siege, ICJ Reiterates Israeli Obligations Under Genocide Convention

Israeli Assault Leaves Gaza’s Nasser Hospital ‘Not Functional’

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

Injured Palestinians are brought to Nasser Hospital in Khan Yunis, Gaza on January 22, 2024.  (Photo: Belal Khaled/Anadolu via Getty Images)

The WHO “was not permitted to enter” the facility in recent days, said the agency chief, warning that “the cost of delays will be paid by patients’ lives.”

World Health Organization Director-General Tedros Adhanom Ghebreyesus announced Sunday that the largest hospital in the southern Gaza Strip “is not functional anymore, after a weeklong siege followed by the ongoing raid” by Israeli forces.

After claiming that Hamas was using Nasser Hospital in Khan Younis for “military activity” and some hostages’ bodies may be there, the Israel Defense Forces on Thursday began raiding the facility, where around 10,000 people had sought shelter. Sources there said the IDF bombed “a ward full of patients” and multiple people who were dependent on oxygen have died due to power outages.

Tedros highlighted on Sunday that the WHO team “was not permitted to enter” the facility in recent days “to assess the conditions of the patients and critical medical needs, despite reaching the hospital compound to deliver fuel alongside partners.”

“There are still about 200 patients in the hospital. At least 20 need to be urgently referred to other hospitals to receive healthcare; medical referral is every patient’s right,” he added. “The cost of delays will be paid by patients’ lives. Access to the patients and hospital should be facilitated.”

Later Sunday, the Palestinian Ministry of Health in Gaza said that “150 patients who cannot move are piled inside the rooms and corridors of the old building at Nasser Medical Complex without medical care after the arrest of 70 of the complex’s management and medical staff.”

“The occupation refuses to evacuate patients for treatment in other hospitals, which endangers their lives, including seven intensive care patients, five dialysis patients, [and] three newborns in the nursery, in addition to cases of burns, amputations, quadriplegia, childbirth, and others,” the ministry added.

The IDF said on Telegram that in its operations around the facility, Israeli troops apprehended “hundreds of terrorists and other terror suspects who were hiding in the hospital, some of whom had posed as medical staff,” including alleged participants in the October 7 Hamas-led attack that led to the war.

Noting IDF claims that soldiers aimed to recover the remains of hostages believed to be in the facility, The Washington Postreported that “Israeli forces have not yet found the bodies of any hostages but said on Sunday that they discovered medicine at the hospital bearing the names of Israelis who were abducted by Hamas.”

The Israeli assault on the Hamas-governed enclave has killed nearly 29,000 Palestinians, injured over 68,800 others, devastated civilian infrastructure—including hospitals—and left most of Gaza’s 2.3 million residents displaced, hungry, and at risk of disease. Global experts and critics have accused Israel of genocide, including in a South Africa-led case before the International Court of Justice (ICJ).

In response to IDF orders to leave northern Gaza, most residents are now crammed into the southern part of the strip. According toAl-Jazeera:

Al-Amal Hospital, the only other major medical facility still operational in Khan Younis, continues to be a target of Israeli attacks. The Palestine Red Crescent Society (PRCS) on Sunday said Israeli forces targeted the third floor of the hospital with artillery fire.

The Israeli military has expanded its siege on Khan Younis and its medical facilities as it pushed further south into Rafah on the border with Egypt.

Throughout the week, people around the world including humanitarian and United Nations leaders have pressured Israel to refrain from a full-scale attack on Rafah. The ICJ on Friday echoed U.N. Secretary-General António Guterres’ warning that it “would exponentially increase what is already a humanitarian nightmare with untold regional consequences.”

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

Continue ReadingIsraeli Assault Leaves Gaza’s Nasser Hospital ‘Not Functional’

Calls Grow for ‘European Arms Embargo’ on Israel After Dutch F-35 Ruling

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

A protester occupies the roof of Howmet Fastening Systems in Leicester, U.K., which makes components for Israeli F-35s, in October 2023.  (Photo: Palestine Action)

“Surely it’s time to stop all arm shipments to Israel,” said one British lawmaker, “and implement targeted sanctions against members of the Israeli leadership.”

While the White House has claimed U.S. President Joe Biden is growing increasingly “frustrated” with Israel’s bombardment of Gaza—largely made possible by U.S. military aid—calls are growing in Europe for governments to halt arms exports to stop their own contributions to the mass killing.

After a Dutch court ordered the Netherlands to stop exporting F-35 fighter jet parts to Israel on Monday, ruling that the country was running a “clear risk” of helping Israel to violate international human rights law, several British lawmakers intensified their demands that the U.K. also halt arms exports.

“Selling arms to Israel for its war on Gaza is incompatible with U.K. and international law,” said Diane Abbott, a Labour Party member in British Parliament. “[Prime Minister Rishi] Sunak should follow suit and ban weapon sales to Israel.”

Natalie Bennett, a member of the Green Party in the British House of Lords, spoke on Tuesday about six-year-old Hind Rajab, whose body was found last week in a car in which her family members had tried to flee Gaza City. The car was riddled with bullet holes, and an ambulance nearby, which paramedics had sent to rescue Hind, had been bombed.

“Is the government challenging the Israeli government about risks to hundreds of thousands of children in Rafah, now in the path of the Israeli offensive?” said Bennett. “Surely it’s time to stop all arm shipments to Israel… and implement targeted sanctions against members of the Israeli leadership.”

The U.K. provides about 15% of the components of Israel’s F-35 bombers—the Israeli Air Force’s “flagship asset,” according to the Royal United Services Institute—and has licensed more than $594 million in military exports to Israel since 2015.

While the U.S. Senate on Tuesday passed a $95 billion foreign aid bill, including $14.1 billion for Israel, some European governments are working to end their complicity in Israel’s mass killing of at least 28,576 Palestinians so far in attacks that have also wounded at least 68,291 and left at least 17,000 children orphaned.

On February 6, the Walloon regional government in Belgium suspended two licenses for the export gunpowder to Israel, citing the International Court of Justice’s (ICJ) interim ruling last month which found that Israel is “plausibly” committing a genocide in Gaza.

Italian Foreign Minister Antonio Tajani said in late January that the government had halted all arms sales to Israel in October, when Israel began its bombardment of Gaza in retaliation for a Hamas-led attack on October 7.

José Albares, Spain’s foreign minister, also said last month that the Spanish government had done the same, but El Diarioreported on Sunday that the country had actually exported $1.1 million in ammunition to Israel in November.

“The suspension of arms transfers to Israel must be comprehensive and permanent, and not just temporary,” said Alberto Estévez, a spokesperson on weapons issues at Amnesty International Spain. “The Spanish government has wanted to be an example in this crisis in the face of other much more complicit governments, but it must be more forceful to promote a European arms embargo on Israel and Hamas and other Palestinian armed groups, in addition to pressuring the United States to stop the supply of arms to Israel and support the imposition of a global embargo on the U.N. Security Council.”

On Wednesday, Spanish Prime Minister Pedro Sánchez joined Irish Prime Minister Leo Varadkar in writing to European Commission President Ursula von der Leyen and demanding an “urgent review” of Israel’s compliance with human rights obligations under its trade deal with the European Union.

“Against the background of the risk of an even greater humanitarian catastrophe posed by the imminent threat of Israeli military operations in Rafah, and given what has occurred, and continues to occur in Gaza since October 2023, including widespread concern about possible breaches of international humanitarian law and international human rights laws by Israel, we ask that the Commission undertake an urgent review of whether Israel is complying with its obligations, including under the E.U./Israel Association Agreement, which makes respect for human rights and democratic principles an essential element of the relationship,” wrote Sánchez and Varadkar.

The two leaders reiterated their call for an immediate humanitarian cease-fire, which was supported by a large majority of countries in a vote at the U.N. General Assembly in December, “including by 17 E.U. member states.”

Varadkar and Sánchez also pointed to the ICJ’s interim ruling in South Africa’s case last month, in which the country accused Israel of genocidal violence against Palestinians.

The orders of the ICJ, which demanded that Israel ensure that humanitarian aid can reach Gaza residents and that its military is not committing acts of genocide, “are binding,” the leaders reminded the European Union.

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

Continue ReadingCalls Grow for ‘European Arms Embargo’ on Israel After Dutch F-35 Ruling

IDF Let Israeli Civilians Film Torture of Palestinian Detainees: Report

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

Stripped, blindfolded, and bound Palestinian civilians are taken prisoner and ordered into a line by Israeli occupation forces in Gaza in December 2023.  (Photo: Social media post by Israeli soldier)

“This is beyond military occupation, apartheid, economic exploitation, and all the rest,” asserted one journalist. “There is something extremely sickening happening here.”

Israel Defense Forces officers brought Israeli civilians into detention centers and allowed them to watch and film Palestinian prisoners being tortured, according to survivor testimonies published this week by the Geneva-based Euro-Mediterranean Human Rights Monitor.

Prisoners held at detention centers in Zikim on the northern border of the Gaza Strip and at a site in southern Israel affiliated with Naqab Prison “told Euro-Med Monitor that the Israeli soldiers had purposefully presented them before Israeli civilians, falsely claiming that they were fighters affiliated with Palestinian armed factions and that they had taken part in the October 7 attack on Israeli towns,” the group said.

The former detainees said groups of 10-20 Israeli civilians were brought in and allowed to record torture sessions in which the men, stripped nearly naked, were beaten with metal batons, electrocuted, and had hot water poured over their heads. The ex-prisoners said some of the Israelis laughed while filming their torture.

“I was arrested at the checkpoint set up near the Kuwait roundabout, which separates Gaza City from the central region, as part of the Israeli random arrest campaigns. I was subjected to all types of torture and abuse for approximately 52 days,” 43-year-old Omar Abu Mudallala told Euro-Med Monitor, adding that his IDF captors “brought Israeli civilians to watch our nude torture.”

Abu Mudallala continued:

The Israeli army brought a number of Israeli civilians into our detention centers while beating us and telling them, “These are Hamas terrorists who killed you and raped your women on 7 October,” while the Israeli civilians were filming us being beaten, abused, and tortured while making fun of us.

This happened five times while I was being held. The first time was in Barkasat Zikim, where we were blindfolded. However, one of the detainees who speaks Hebrew told us that the soldiers were interacting with Israeli civilians claiming that we were armed fighters. The other four incidents took place in the Negev detention facility, where successive Israeli groups were taken inside tents to witness our abuse and record the torture methods we were subjected to without allowing us to speak or interact with them. Since we were not wearing blindfolds at the time, I saw them all four times with my own eyes.

“One of the detainees who speaks Hebrew tried to explain to the Israeli civilians that we are civilians and we had nothing to do with any military activities, but that also did not help,” Abu Mudallala added. “However, he was subjected to severe psychological and physical torture. It was really shameful to bring Israeli citizens to record our torture for being allegedly involved in killing and rape incidents.”

Another former prisoner, identified only as 42-year-old D.H., told Euro-Med Monitor that “Israeli civilians were brought to witness the abuse and torture that we were subjected to, which the army deliberately began when they were present.”

“These Israelis sometimes brought their dogs with them to bark at us,” he added. “They also took pictures of us and posted them on social media apps, particularly TikTok, with the soldiers themselves doing the same.”

Euro-Med Monitor asserted that “the vast majority of those arrested from within the Gaza Strip have been subjected to arbitrary detention without being charged or brought to justice, with no legal measures taken against them.”

“They are also denied a fair trial and are subjected to forced disappearance, torture, and inhumane treatment,” the group added. “Israeli practices against Palestinian detainees are blatant violations of international conventions and standards, particularly the 1949 Fourth Geneva Convention, which forbids an occupying authority from transferring prisoners from the occupied territory to detention facilities on its territory, as well as torturing, attacking, or otherwise degrading the human dignity of those detained.”

Israeli forces, with their long history of torturing Palestinian prisoners, have been accused during the current war on Gaza of torturing civilian detainees before executing them. Photos and videos of Israeli troops abusing Palestinians—both alive and dead—have been published by perpetrators on social media. Human rights defenders point to such images and their proud display as evidence of Israeli genocide in a war in which more than 100,000 Palestinians have been killed, maimed, or gone missing.

The International Court of Justice found last month in a preliminary ruling that Israel is “plausibly” committing genocide in Gaza, while ordering Israeli forces to “take all measures” to avoid perpetrating genocidal acts.

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

Continue ReadingIDF Let Israeli Civilians Film Torture of Palestinian Detainees: Report

South Africa makes ‘urgent request’ to top UN court over Israeli attacks on Rafah

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https://morningstaronline.co.uk/article/south-africa-makes-urgent-request-top-un-court-over-israeli-attacks-rafah

Smoke rises after a bombardment in the Gaza Strip, February 12, 2024

SOUTH AFRICA said it had lodged an urgent request with the United Nations International Court of Justice (ICJ) over Israel’s assault on Palestinians in the southern Gaza city of Rafah.

The South African government is asking the ICJ to consider whether Israel has committed a “further imminent breach of the rights of Palestinians in Gaza” following the provisional orders the court handed down last month.

This comes as progress is reportedly being made in securing a ceasefire deal between Hamas and the Israeli government.

In December, South Africa instituted proceedings at the ICJ accusing Israel of committing genocide against the Palestinian people in the Gaza Strip.

Among its six orders, the ICJ said that Israel must do all it can to prevent the deaths of Palestinians and the destruction of Gaza.

…

A statement released by the office of South African President Cyril Ramaphosa, said: “The South African government was gravely concerned that the unprecedented military offensive against Rafah, as announced by the state of Israel, has already led to and will result in further large-scale killing, harm and destruction.

“This would be in serious and irreparable breach both of the Genocide Convention and of the court’s order of January 26 2024.”

…

https://morningstaronline.co.uk/article/south-africa-makes-urgent-request-top-un-court-over-israeli-attacks-rafah

Continue ReadingSouth Africa makes ‘urgent request’ to top UN court over Israeli attacks on Rafah