U.S. President Joe Biden speaks to reporters before boarding Marine One on the South Lawn of the White House in Washington, D.C. on January 18, 2024. (Photo: Brendan Smialowski/AFP via Getty Images)
If President Biden demanded an end to the bombardment of Gaza, it would stop. But he’s hasn’t demanded and the bombing and death and destruction continues.
In 1948, the newly-formed United Nations marked the signing of the Universal Declaration of Human Rights as well as The Convention on the Prevention and Punishment of the Crime of Genocide. The Genocide Convention was a response to WWII’s Holocaust, when six million European Jews where murdered by Nazi Germany. Raphael Lemkin, a Polish lawyer of Jewish descent, coined the term “genocide” during the war, as he developed legal arguments for prosecuting war criminals, leading to the Nuremberg Trials.
1948 was also the year Israel was founded. While many celebrated Israel as a safe refuge for the world’s Jews after the Holocaust, Palestinians call that period the ‘Nakba,’ Arabic for ‘catastrophe.’ Over 750,000 Palestinians were driven from their homes and villages, their property confiscated, and 15,000 were killed.
1948 was also when the white minority in South Africa imposed apartheid on the Black majority, creating an oppressive system of segregation that lasted close to half a century.
In the intervening 75 years, despite the Genocide Convention, genocides have still occurred – and too few perpetrators of genocide have faced prosecution. Last week, the eyes of the world were on the Hague, as South Africa brought a case accusing Israel of genocide in Gaza to the International Court of Justice (ICJ).
The ICJ, also referred to as the “World Court,” convened on January 11th, first hearing South Africa’s case, followed the next day by Israel’s defense. South African lawyer Adila Hassim opened, saying,
“For the past 96 days, Israel has subjected Gaza to what has been described as one of the heaviest conventional bombing campaigns in the history of modern warfare. Palestinians in Gaza are being killed by Israeli weaponry and bombs from air, land and sea. They are also at immediate risk of death by starvation, dehydration and disease as a result of the ongoing siege by Israel, the destruction of Palestinian towns, the insufficient aid being allowed through to the Palestinian population, and the impossibility of distributing this limited aid while bombs fall. This conduct renders essentials to life unobtainable.”
Another of South Africa’s legal team, Irish lawyer Blinne Ní Ghrálaigh, said,
“On average, 247 Palestinians are being killed and are at risk of being killed each day, many of them literally blown to pieces. They include 48 mothers each day. Two every hour. And over 117 children each day, leading Unicef to call Israel’s actions a war on children. Entire multigenerational families would be obliterated. And yet, more Palestinian children would become WCNSF. Wounded Child, No Surviving Family, the terrible new acronym born out of Israel’s genocidal assault on the Palestinian population in Gaza.”
Israel said its attack on Gaza was in self-defense, directed at Hamas’ military infrastructure, following its October 7th attack on Israel, in which over 1,000 people were killed and over 200 taken hostage.
Renowned Jewish Israeli journalist Gideon Levy said on the Democracy Now! news hour, “Does this give us Israelis the right to do anything we want after the 7th forever, without any limits, no legal limits, no moral limits? We can just go and kill and destroy as much as we wish? That’s the main question right now.”
Levy serves on the editorial board of the Israeli newspaper Haaretz. He recently wrote a column headlined, “If It Isn’t a Genocide in Gaza, Then What Is It?” In it, he writes, “Let us assume that Israel’s position at The Hague is right and just and Israel committed no genocide or anything close to it. So what is this? What do you call the mass killing, which continues even as these lines are being written, without discrimination, without restraint, on a scale that is difficult to imagine?”
Any measures ordered by the ICJ would have to be adopted by the United Nations Security Council, where the United States, Israel’s staunchest ally and weapons provider, regularly wields its veto to protect Israel.
The United States is quick to accuse others of genocide, from Serbia in the 1990s, to Burma in the last decade for its atrocities against its Rohingya minority, to the mass imprisonment of Uyghurs in China, to Russia’s invasion of Ukraine. The United States even acknowledged Turkey’s 1915 genocide against Armenians, albeit in 2021, more than 100 years late.
Yet, President Biden, in a statement marking the 100th day anniversary of Hamas’ attack on Israel, failed to even mention the more than 24,000 Palestinians killed by Israel in Gaza, 70% of whom were women and children. Secretary of State Antony Blinken in Davos, Switzerland said the situation is “gutwrenching” and asked “but what can be done?”
If President Biden demanded an end to the bombardment of Gaza, it would stop. Now is the time to heed the global calls for a ceasefire in Gaza.
While the ‘physical element’ of genocide is being documented and broadcast daily, the ‘mental element’ – i.e the intent behind the mass killing – which is more difficult to establish, has been repeatedly clarified by the leaders of Israeli government and military.
Israeli forces in Gaza. Photo: IDF
Amid the growing international consensus that the atrocities Israel has been committing in Gaza amount to genocide, a UN panel ahead has also concluded that “genocide is already happening” in Gaza.
The UN-mandated Committee on the Exercise of the Inalienable Rights of the Palestinian People (CEIRPP) convened this panel at UN headquarters in New York City on December 12, ahead of the vote in the General Assembly on the resolution calling for an “immediate humanitarian ceasefire”.
Tasked to “examine the legal implications of Israel’s military offensive against Gaza since 7 October and shed light on the applicability of key legal frameworks including those defining Genocide”, the panel was titled “2023 War on Gaza: The Responsibility to Prevent Genocide”.
“But sadly it is clear that genocide is already happening, so our question now is the responsibility to stop the ongoing genocide,” Hari Prabowo, Indonesia’s Deputy Permanent Representative to the UN who chaired the panel discussion, said at its conclusion.
On the same day, the International Federation for Human Rights (FIDH) also adopted a resolution recognizing that “Israel’s actions against the Palestinian people constitute an unfolding genocide.”
From November onwards UN experts, including several Special Rapporteurs and members of Working Groups on various issues, have been warning that there was “a genocide in the making” in Gaza.
Consensus on the genocidal nature of Israel’s war on Gaza has been consolidating since its early days. As early as October 15, just over a week after Israel started its bombardment, nearly 900 “scholars and practitioners of international law, conflict studies and genocide studies” from around the world had warned of a “potential genocide in Gaza.”
In the two months since this warning, the death toll has increased by over seven-fold, with over 19,000 Palestinians, mostly women and children, killed by the Israeli Occupation Forces (IOF) as of December 17. Thousands more remain buried under the rubble of the buildings Israel has bombed.
But the number of the killed is not the factor determining whether or not the mass killing amounted to genocide, Katherine Gallagher, Senior Staff Attorney at the US-based Center for Constitutional Rights, explained in her presentation at the UN panel discussion.
Pointing out that several Bosnian Serb political and military leaders were convicted of genocide for the “killing of over 7,000 Bosnian Muslim men and boys in Srebrenica” in 1995, she added that it is the deliberate nature of the targeting of a group, “the intent, coupled with action”, that determines that a mass killing amounts to genocide.
By “killing” and “causing serious bodily or mental harm”, and “deliberately inflicting” on Palestinians in Gaza “conditions of life calculated to bring about its physical destruction in whole or in part”, Israel has committed three of the five acts listed under the Genocide Convention.
These acts, which constitute the “physical element” of the genocide, have been documented thoroughly, shared widely on social media and broadcast on television daily – even hourly. However, these acts qualify as genocide only when the “mental element” is also demonstrated – namely that they were “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
“The intent is the most difficult element to determine,” explains the UN Office on Genocide Prevention and the Responsibility to Protect.
“But in this case, the intent” has been made “explicit” in the statements “by the Prime Minister, the President, by senior cabinet members and by the military leaders. These statements clearly constitute the mental element of the crime of genocide,” Hannah Bruinsma, a legal advisor at Law for Palestine, said at the panel discussion.
“We have collected so far 500 statements that demonstrate” the genocidal intent, “often of those in the chain of command,” she added. Such statements of genocidal intent have been made since the early days of the war on Gaza and systematically repeated time and again.
“Not mere rhetoric, but an admission of criminal intent”
Army’s spokesperson Daniel Hagari, who bragged of dropping “thousands of tons of munitions” on Gaza within the first couple of days of Israel’s campaign, had no qualms admitting that “we’re focused on what causes maximum damage”, rather than “accuracy”.
Referring to Palestinians as “human animals”, Defense Minister Yoav Gallant, who prided in having “released all the restraints” on the military, had said in the early days of the war that “we will eliminate everything” in Gaza.
Israeli tank in Gaza.
Doubling down that “human animals must be treated as such”, the army’s Coordinator of Government Activities in the Territories, Maj. Gen. Ghassan Alian told Palestinians in Gaza that, “there will be no electricity and no water, there will only be destruction.”
Legitimizing the mass killing of civilians in Gaza, Israeli President Isaac Herzog had declared that “an entire nation out there is responsible” for the October 7 attack on Israel by Hamas, arguing that the “rhetoric” about innocent civilians is “absolutely not true.”
“This practice of casting an entire population as enemies, as legitimate military targets, is a common genocidal mechanism,” Raz Segal, a prominent Jewish Israeli scholar of Holocaust and Genocide Studies, said in his remarks at the panel discussion.
Late in October, Prime Minister Benjamin Netanyahu went on to compare Palestinians with the biblical enemy of the Jews. “You must remember what Amalek has done to you,” he quoted from the Old Testament which prescribes, “Now go and smite Amalek, and utterly destroy all that they have, and spare them not; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.”
These statements, which “have been given effect” must be understood to be “not mere rhetoric, but an admission of criminal intent”, Gallagher argued. “Israeli officials have done what they said they would do.”
Journalists guilty of inciting genocide
“These expressions of intent need to be understood also in relation to the widespread incitement to genocide in Israeli media since 7 October,” said a statement on December 9 by over 55 scholars in Holocaust and Genocide Studies.
From the calls to turn Gaza “into a slaughterhouse” and “violate all norms on the way to victory” to saying “let there be a million bodies” of dead Palestinians, there are “dozens and dozens of examples of incitement in Israeli media”, said Segal, one of the signatories of the statement.
“It is worth reminding” that in the aftermath of the Rwandan genocide, journalists who had been encouraging the crime when it was unfolding were “put on trial and convicted.. of incitement to genocide, which is a separate crime under Article 3 of the UN Genocide Convention,” he added.
“US is complicit in Genocide”
Also listed as a separate crime in the same article is “complicity in genocide”, of which the US is guilty, argued Gallagher. The Center for Constitutional Rights, which she represented in the panel discussion, has filed a legal complaint in a California District Court against US President Joe Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin, for their complicity in Israel’s genocide.
“This unfolding genocide of the Palestinian people in Gaza has so far been made possible because of the unconditional support given” to Israel by the US in breach of its “responsibilities under customary international law…to prevent, and not further, genocide,” states the complaint.
The US, which is Israel’s “largest provider of military, economic and political assistance, and I would argue, political cover.. has the ability to use its considerable influence and unique position to take all measures to stop Israel’s unfolding genocide,” Gallagher argued.
“Instead”, she said, it “has done the opposite.” Biden, Blinken and Austin have “pledged and continue to pledge all support to Israel. They have rushed military support, ammunition, precision-guided munitions, 2,000-pound bunker bombs, and they’ve been flying drones overhead. The US military advisers have been in (Israel’s) war cabinet sessions.”
US is Israel’s biggest financial and military backer. Photo: IDF
In addition to the annual 3.8 billion dollars it hands out to Israel every year, it is now coughing up “an additional 14.5 billion dollars, without conditions.” US officials have reiterated in multiple press conferences that “there are no red lines or conditions for these weapons”, she said.
The Washington Postreported earlier this month that Israel has dropped more than 22,000 US-supplied bombs on Gaza within the first month and a half of the war. This amounts to almost one US bomb per every 100 of the 2.3 million Palestinians who are practically imprisoned in the 365 sq. km strip of land that Israel has held under siege for 17 years, which itself has been described by Jewish Israeli historian Ilan Pappe as an “Incremental Genocide”.
“Forced displacement…has figured in genocidal processes”
Situating “the ongoing genocide in Gaza” in the “broader context of Israel’s violent settler colonialism and occupation of Palestinian land,” Jehad Abusalim, Executive Director of The Jerusalem Fund, said “this process began in 1948” with the establishment of Israel.
The Nakba, the Arabic word meaning catastrophe, refers to the expulsion of 750,000 Palestinians from their land within a year of the establishment of this settler colonial state on 78% of Palestine. The process of the Nakba, he said at the panel discussion, never stopped.
“The Nakba was not just an event in the distant past”, but “continues to unfold in Gaza today. It is a process of continuous displacement and ethnic cleansing.”
“Forced displacement, what is commonly called ethnic cleansing, is not in itself an act of genocide, but we know that historically it has figured in genocidal processes,” added Segal, who describes Israel’s actions in Gaza as “a textbook case of genocide”.
“It took the Nazis two and a half years… of experimenting with various schemes of forced displacement of Jews” before implementing the “Final Solution”, he said.
Palestinians walk through debris along a street in the aftermath of Israeli bombardment in al-Karama district in Gaza City on October 11, 2023. (Photo: Majdi Fathi/NurPhoto via Getty Images)
“The mass expulsion of over 1 million people in a day is ethnic cleansing,” said U.S. Rep. Ilhan Omar. “We must use all diplomatic tools to stop this.”
Progressive members of the U.S. Congress joined humanitarian groups and the United Nations on Friday in condemning Israel’s 24-hour evacuation order for the entire population of the northern Gaza Strip, a directive that will be impossible for many in the region to meet—particularly the thousands wounded by Israeli airstrikes.
“Any person can see that ordering 1+ million people to move in under 24 hours is not possible. It is unacceptable,” U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) wrote on social media. “Humanity is at stake. Nearly half are children. We must halt this.”
More than 400,000 Palestinians have been displaced since Israel began its latest bombing campaign in Gaza following a deadly Hamas attack on October 7.
In the wake of Israel’s order—which came hours before the nation launched ground raids in Gaza—many panicked residents fled their homes in the northern part of the enclave, with some fearing another permanent displacement on the scale of the 1948 Nakba.
“As I am packing my things I am wondering, is this really another Nakba?” 56-year-old Arwa El-Rayes, an internal medicine doctor, told The New York Times shortly before fleeing her home in Gaza City. “I am taking my house key and thinking, will I ever return to my home, will I ever see my home again?”
Reuters reported that “several thousand residents could be seen on roads heading out of the northern part of the Gaza Strip, but it was impossible to tell their numbers. Many others said they would not go.”
A 33-year-old woman in Gaza City toldThe Washington Post that she’s staying along with dozens of family members, including her elderly parents.
“There are no cars to take us anywhere,” she said. “There is no gas in cars. Cab companies don’t have cars anymore. The streets are so, so, so, so crowded, it’s like it’s the Day of Judgement.”
U.S. Rep. Ilhan Omar (D-Minn.) argued that “the mass expulsion of over 1 million people in a day is ethnic cleansing.”
“We have to stop ignoring the thousands of Palestinian lives lost and millions at stake!” Omar added. “We must use all diplomatic tools to stop this.”
Echoing aid groups, the Minnesota lawmaker emphasized that many in northern Gaza—including people with disabilities and those wounded by Israeli bombs—”can’t simply pick up and leave” in compliance with Israel’s evacuation directive, which the U.N. said is untenable and should be rescinded.
“With communications and electricity shut down by Israel, the order cannot be communicated,” Omar wrote. “Roads are bombed and many cars are out of fuel, making fleeing impossible for many. Plus there has been no announcement of a pause in hostilities to allow for safe civilian evacuation, so people are afraid to leave and risk bombardment. Even if it were successful, there is no infrastructure in southern Gaza to receive an additional 1.1 million people.”
The Palestine Red Crescent Society underscored those warnings in a statement Friday, saying it doesn’t have “the means to evacuate the sick and the wounded in our hospitals, or the elderly and the disabled.”
“There are no safe areas in the whole of the Gaza Strip,” the group said. “The world must intervene to stop this catastrophe.”
Israeli forces have already been accused of targeting Gazans attempting to flee to the south with airstrikes.
Israel bombed a truck full of Palestinians trying to evacuate, killing at least 40.
Palestinians are being massacred by Israel – while trying to follow Israel’s impossible order to “evacuate” over 1 million Palestinians from north Gaza within 24 hours.
Despite urgent appeals from lawmakers and aid organizations, officials in the U.S.—Israel’s top ally and leading supplier of weaponry—have provided no public indication that they will pressure Israel to reverse course.
The Israel Defense Forces (IDF) told people in Gaza City on Friday to “evacuate south for your own safety and the safety of your families” as it amasses tanks and troops for an apparently imminent full-scale ground invasion. Hamas has reportedly told Gazans to defy the IDF’s instructions.
Asked about Israel’s evacuation order during a CNN appearance on Friday, White House national security spokesperson John Kirby said he doesn’t want to get involved in “armchair quarterbacking” the situation, adding, “We understand what they’re trying to do.”
“Now it’s a tall order,” Kirby admitted. “It’s a million people, and it’s a very urban, dense environment. It’s already a combat zone. So I don’t think anybody’s underestimating the challenge here of effecting that evacuation.”
The White House’s soft-pedaling of Israel’s directive contrasts sharply with the assessments of human rights organizations, which argued the order amounts to a war crime that will worsen an already calamitous situation.
“The instructions issued by the Israeli authorities for the population of Gaza City to immediately leave their homes, coupled with the complete siege explicitly denying them food, water, and electricity, are not compatible with international humanitarian law,” the International Committee of the Red Cross (ICRC) said Friday. “When military powers order people to leave their homes, all possible measures must be taken to ensure the population has access to basic necessities like food and water and that members of the same family are not separated.”
“Gaza is a closed area of limited size and resources,” the ICRC added. “People have nowhere safe to go and many, including the disabled, elderly, and sick, will not be able to leave their homes. International humanitarian law protects all civilians, including those who remain. Today, it is impossible for Gazans to know which areas will next face attack.”
“There are no extra beds in any hospitals anywhere for people to move to. Most of the wounded are unstable, they’ll die en route.
Gaza’s health ministry toldThe Independent that it would be “impossible” to move the wounded in its care to southern Gaza, given that the entire territory’s healthcare system is overwhelmed and teetering on the brink of total collapse due to the rapid influx of airstrike victims and Israel’s blockade, which has cut off the enclave’s supply of electricity, fuel, and critical supplies.
More than 6,600 people in Gaza have been injured by Israel’s relentless aerial campaign, which dropped roughly 6,000 bombs on the occupied enclave over just a six-day period, leveling entire neighborhoods and damaging medical facilities, schools, and other civilian infrastructure.
“There are no extra beds in any hospitals anywhere for people to move to,” Gaza’s health ministry said. “Most of the wounded are unstable, they’ll die en route. All hospitals in Gaza, even after they’ve been expanded, are full.”
Tarik Jasarevic, a spokesperson for the World Health Organization, noted that “there are severely ill people whose injuries mean their only chances of survival is being on life support, such as mechanical ventilators.”
“So moving those people is a death sentence,” said Jasarevic. “Asking health workers to do so is beyond cruel.”
Meinie Nicolai, general director of Doctors Without Borders, said in a statement Friday that the Israeli military’s evacuation order is “outrageous.” The group said Israel has given Al Awda Hospital—where Doctors Without Borders staff are treating patients—just two hours to evacuate.
“This represents an attack on medical care and on humanity. We are talking about more than a million human beings,” said Nicolai. “‘Unprecedented’ doesn’t even cover the medical humanitarian impact of this. Gaza is being flattened, thousands of people are dying. This must stop now. We condemn Israel’s demand in the strongest possible terms.”
A man carries a wounded child into Al Shifa hospital following Israeli strikes in Gaza City on October 10, 2023. (Photo: Mohammed Abed/AFP via Getty Images)
Seventy-five years of global inaction and Israeli impunity have led to this moment in which one of the most vulnerable populations on earth is pummeled by one of the world’s strongest military powers on a genocidal warpath.
Israel is planning on carrying out a genocide in Gaza.
The motions have been underway for days, as Israel has relentlessly bombed the Gaza Strip, one of the most densely populated places on earth.
In six days, Israel has dropped 6,000 bombs on the besieged coastal enclave, which is home to 2.3 million Palestinians. Half of them are children. This falls just short of the highest number of bombs dropped by the US in a year in the war on Afghanistan.
Palestinians have been screaming at the top of their lungs for days that Israel is carrying out a genocide on them. Israeli leaders have only supported those fears, calling Gazans “human animals” and pledging to “wipe Hamas off the face of the earth.”
Today, everyone’s worst fears were confirmed.
On Friday, October 13, Palestinians in Gaza woke up to the news that the Israeli army was demanding that the more than 1.1 million Palestinians who live in the northern Gaza Strip “evacuate” to the southern part of the strip in the span of 24 hours.
Palestinians have been screaming at the top of their lungs for days that Israel is carrying out a genocide on them. Israeli leaders have only supported those fears, calling Gazans “human animals” and pledging to “wipe Hamas off the face of the earth.” Today, everyone’s worst fears were confirmed.
Let that sink in. This is half of Gaza’s population. The northern part of Gaza includes Gaza City – the most densely populated area within the Gaza Strip. It also includes two of Gaza’s eight refugee camps, the Jabalia and al-Shati refugee camps. Both have been bombed over the past few days. Both are home to hundreds of thousands of refugees. They were made refugees by Israel, 75 years ago.
But the United Nations said it received a different, much broader order, saying Israel was given 1.1 million civilians in northern Gaza 24 hours to flee south. A UN spokesman called the order “impossible” to achieve “without devastating humanitarian consequences.”
The Israeli army reportedly ordered Gazans not to return to the north until the army says they are allowed to go back.
But will they ever be allowed to go back? And will there even be a Gaza left to go back to?
No one knows what Israel’s plans are when the 24-hour deadline expires. Will they launch a ground invasion? Or will they simply pummel Gaza from the skies, as they have been doing for the past 16 years?
Israel, with the support of the United States, is committing genocide right before our eyes. It has been ongoing, a slow genocide and ethnic cleansing, for 75 years.
Whichever way Israel decides to go about it does not matter.
What matters is that Israel, with the support of the United States, is committing genocide right before our eyes. It has been ongoing, a slow genocide and ethnic cleansing, for 75 years.
75 years of global inaction and Israeli impunity have led to this moment. The moment where we see one of the most vulnerable populations on earth, 77% of whom are already refugees, being displaced as one of the world’s strongest military powers goes on a genocidal warpath.
Many Gazans are vowing to remain, saying they refuse to be displaced yet again. Many Palestinians are saying it’s psychological warfare, akin to the Zionist radio broadcasts of 75 years ago, that spread fear amongst the population and caused many to flee their homes out of fear of the Zionist atrocities that would await them if they stayed.
But the images are already flooding in as people in Gaza begin to flee their homes in fear of what comes.
Men, women, and children, walking through the rubble of their destroyed land, holding onto whatever bags and belongings they can carry. A march to the south, not knowing if tomorrow, the south will be next.
A death march.
Palestinians have said for 75 years, that the Nakba of 1948 never ended. It has continued for 75 years, every single day. In the crowded refugee camps of Gaza, the alleyways of Jerusalem, the hills of Haifa, and the corners of Jenin.
But today feels different. As millions of Palestinians in the West Bank, Jerusalem, ‘48, and across the diaspora watch their people in Gaza be expelled en masse while Israel destroys their homes and slaughters those who remain, the only words that people can muster, is “it’s happening again.”
