Tag: United States

  • World Leaders Blasted Over ‘Grave’ Violations of International Law by Israel

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

    Palestinian who fled Rafah in the southern Gaza Strip ride with their belongings in the back of a truck, as they arrive to take shelter in Deir el-Balah in the central part of the Palestinian territory on May 12, 2024.  (Photo by AFP via Getty Images)

    “The first step for Third States in upholding their own legal obligations to ensure [international humanitarian law] is respected is to stop the Rafah invasion, open all land crossings and lift internal barriers for humanitarian access,” said an international coalition.

    While ordinary citizens from across the globe have expressed their condemnation of the ongoing carnage and suffering in Gaza, a coalition of 20 international human rights groups on Wednesday excoriated world leaders for standing idly by as Israel carries out “a grave violation of international humanitarian law” with its military assault on Rafah.

    With the United Nations agencies reporting that as many as 450,000 people have already attempted to flee the encircled southern city where more than 1.4 million had sought refuge, a joint statement by the groups—including Amnesty International, Oxfam, Médecins du Monde International Network, and Mercy Corps—rebuked Israel’s evacuation orders as “unlawful” and chided third-party countries for violating their own obligations under international humanitarian law (IHL) by refusing to intervene.

    “Third States have the responsibility to urgently act in bringing to an end, and pursue accountability for, the Grave Breaches of IHL taking place in Gaza,” said the groups. “The first step for Third States in upholding their own legal obligations to ensure IHL is respected is to stop the Rafah invasion, open all land crossings and lift internal barriers for humanitarian access.”

    According to the statement, Israel’s ongoing violations are clear and obvious:

    The Israeli military’s “evacuation orders” are unlawful and amount to forcible transfer, a grave violation of international humanitarian law (IHL). Israel has ordered hundreds of thousands of Palestinians to flee, without providing civilians and humanitarian actors clear information nor timeframe. IHL sets clear conditions for an evacuation to be lawful: the occupying power must ensure that these displacements are temporary and that displaced persons are provided with satisfactory conditions of hygiene, health, safety and nutrition, and members of the same family must not be separated. Israeli authorities have failed to meet any of these requirements.

    With Wednesday marking the 76th anniversary of the Nakba, when Palestinians were forced to leave their homes en masse following the establishment of the Israeli state in 1948, a new wave of forced displacement is now upon the people of Gaza only served to heighten the harsh reality for those with nowhere safe to go.

    Ilan Pappe, a scholar of Palestinian history at the University of Exeter, explained to Al-Jazeera that while some comparisons with the original Nakba make sense, what is happening now to the people of Gaza is “even worse” in many ways.

    “What we see now are massacres which are part of the genocidal impulse, namely to kill people in order to downsize the number of people living in Gaza,” Pappe said. On Tuesday, a group of ultra-nationalist Israelis, including members of the Prime Minister Benjamin Netanyahu’s Cabinet, marched in the city of Sderot near the Gaza border as they called for resettlement of the enclave.

    “Ethnic cleansing is a terrible crime against humanity but genocide is even worse,” said Pappe. “So I think we are seeing a transition from using ethnic cleansing as the main method of taking as much of Palestine as possible, with as few Palestinians in it as possible—we are moving into a far more lethal method, that of genocide.”

    According to the joint declaration by rights groups on Wednesday, Israel’s military assault in Rafah is “disrupting the humanitarian response” of relief organizations and the United Nations, amounting to a “breach of the U.N. Security Council resolutions 2720 and 2728 as well as the International Court of Justice’s provisional measures ordering Israel to enable the provision of basic services and humanitarian assistance.”

    In remarks Tuesday, U.N. Secretary-General António Guterres said Israel’s escalating military operations and evacuation orders in Rafah “are further impeding humanitarian access and worsening an already dire situation.”

    “For people in Gaza,” said Guterres, “nowhere is safe now.”

    Despite the concerns from U.N. agencies and international relief groups, the U.S. government under President Joe Biden on Tuesday said it was preparing a $1 billion weapons shipment for Israel to bolster its military capabilities.

    Because of such military support, the human rights coalition argued in its Wednesday declaration that the U.S. “bears a significant responsibility” for Israel’s violations of international humanitarian law. “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,” the groups said.

    Those in the human rights coalition said it is the Palestinian people paying the price for the failure of world leaders to meet their obligations to put a stop to the forced displacement of civilians in Gaza.

    “We have been warning for months that Israel must be stopped from entering Rafah or Gaza would face an even greater humanitarian catastrophe” than it already has, said Florence Rigal, president of Médecins du Monde France. “The inaction of third countries is seen as a lack of concern for the consequences for the exhausted civilian population. It is unacceptable and immediate action must be taken to prevent further suffering.”

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

  • ‘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). 

  • US Reportedly Working to Stop ICC From Issuing Arrest Warrant for Netanyahu

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

    “There is absolutely no reason for Biden to be involved in this,” said one analyst. “But once again, Biden steps in to protect Netanyahu from the consequences of the war crimes he commits.”

    Israeli Prime Minister Benjamin Netanyahu is reportedly growing increasingly concerned that the International Criminal Court is preparing to issue arrest warrants for him and other top government officials for committing war crimes in the Gaza Strip.

    The Times of Israel reported Sunday that the Israeli government, in partnership with the U.S., is “making a concerted effort to head off” possible arrest warrants from the ICC, which first launched its war crimes investigation in the occupied Palestinian territories in 2021.

    Israel does not recognize the ICC’s jurisdiction and has refused to cooperate with the probe. The ICC says it has jurisdiction over Gaza, the West Bank, and East Jerusalem.

    Citing an unnamed Israeli government source, The Times of Israel reported that “a major focus of the ICC allegations will be that Israel ‘deliberately starved Palestinians in Gaza.’” Other officials who could face arrest warrants are Defense Minister Yoav Gallant and Israel Defense Forces (IDF) Chief of Staff Herzi Halevi.

    The Times of Israel‘s reporting came shortly after Israeli journalist Ben Caspit wrote that Netanyahu is “under unusual stress” over the possibility of arrest warrants and is leading a “nonstop push over the telephone” to forestall ICC action.

    Like Israel, the U.S. is not a party to the Rome Statute, which established the ICC in 2002. The legal body is tasked with investigating individuals, not governments.

    The U.S., Israel’s leading arms supplier, has opposed the ICC’s Palestine investigation from the start, with Secretary of State Antony Blinken saying in a 2021 statement that the court “has no jurisdiction over this matter” because “Israel is not a party to the ICC.”

    But the Biden administration vocally supported the ICC’s decision to issue an arrest warrant for Russian President Vladimir Putin over war crimes committed in Ukraine, even though neither Russia nor Ukraine are parties to the Rome Statute.

    https://twitter.com/BCFinucane/status/1784383907095326892?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1784383907095326892%7Ctwgr%5E4f93e3d06be3cc05ed63dd54337a632557eb7c24%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Fwww.commondreams.org%2Fnews%2Fnetanyahu-arrest-warrants

    The Israeli government has been accused of committing numerous war crimes in Gaza since the October 7 Hamas-led attack, including genocide, ethnic cleansing, and using starvation as a weapon of war. Late last year, the human rights group Democracy for the Arab World Now submitted to the ICC the names of dozens of Israeli military commanders who are believed to have been directly involved in violations of international law.

    Reports of potentially imminent ICC action have sparked alarm among conservatives in the United States.

    U.S. House Speaker Mike Johnson (R-La.) wrote on social media Friday that the court should “should stand down on this immediately.”

    In an editorial published that same day, The Wall Street Journal suggested the U.S. and United Kingdom could “risk finding Americans and Britons under the gun” next if they don’t warn ICC Prosecutor Karim Khan against issuing arrest warrants for Israeli officials. Human rights organizations and legal experts have said Biden and other U.S. officials could be held liable under international law if they continue supporting Israel’s war on Gaza.

    “Mr. Khan’s candidacy was championed by his native Britain and supported by the U.S.,” continues the Journal editorial, “so both countries may have influence if they warn Mr. Khan of what will happen if he proceeds.”

    The Times of Israel noted Sunday that according to reports in several Israeli media outlets, the U.S. is “part of a last-ditch diplomatic effort to prevent the International Criminal Court from issuing arrest warrants against Prime Minister Benjamin Netanyahu and other Israeli officials.”

    Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, argued Sunday that “there is absolutely no reason for Biden to be involved in this.”

    “But once again,” Parsi added, “Biden steps in to protect Netanyahu from the consequences of the war crimes he commits, which Biden claims he privately is frustrated about.”

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

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  • Gaza war: ‘no evidence’ of Hamas infiltration of UN aid agency, says report – but US and UK dither on funding while famine takes hold

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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.

    Anne Irfan, UCL

    Germany has become the latest country to resume its funding to Unrwa, the United Nations agency that provides essential relief services to nearly 6 million Palestinian refugees. The decision came after an independent review found no evidence to support Israel’s claim that the agency has been infiltrated by Hamas.

    Germany is the agency’s second-biggest funder – and the move is especially striking in view of its extremely close political alignment with Israel, which is now coming under increasing strain.

    All eyes are now on the US, the agency’s largest supporter, to see if it will reinstate the US$350 million (£280 million) it typically provides each year. Meanwhile in the UK, MPs have written to foreign minister David Cameron, demanding that funding is restored “without delay”.

    Reaction from the Israeli government has been hostile. In a statement, Israel’s foreign ministry spokesman said that “this is not what a true and comprehensive investigation looks like”, adding “it is impossible to say where Unrwa ends and Hamas begins”. The Israeli government did not provide any further detail or evidence for this claim.

    Israel alleged in January that 12 of Unrwa’s 13,000 employees in Gaza had participated in the October 7 attacks. Shortly afterwards, the government went on to claim that hundreds of Unrwa employees are members of Hamas or Islamic Jihad, in breach of the UN’s neutrality principles.

    In response, Unrwa commissioner-general Philippe Lazzarini immediately fired nine of the accused 12 (of the other three, two are dead and one is missing). Meanwhile, the UN secretary-general, António Guterres, ordered an independent review into Unrwa’s neutrality practices.

    That review was chaired by former French foreign minister Catherine Colonna and carried out by staff of Nordic research bodies – the Swedish-based Raoul Wallenberg Institute of Human Rights and Humanitarian Law, the Norwegian Chr. Michelsen Institute and the Danish Institute for Human Rights.

    The report makes good reading for Unrwa. Colonna and her team described its work as an “indispensable lifeline” for Palestinians and noted the agency’s robust neutrality framework.

    Crucially, they also found that Israel has provided no evidence for its allegations that a significant number of Unrwa employees belong to militant groups.

    Donor response

    In response to the original Israeli allegations, 16 governments paused or suspended funding to the agency. This threw Unrwa’s work into an escalating crisis. With the agency having already suffered from a serious financial deficit for many years, management warned that it could run out of money entirely in a matter of weeks.

    The withdrawal of core funds heightened the humanitarian catastrophe in Gaza, where Unrwa provides essential services to 87% of the population, including food assistance to 1 million Palestinians. The UN special rapporteur on the right to food advised that the defunding made famine in Gaza inevitable.

    Not long afterwards, a group of aid organisations confirmed that human-made famine has now taken hold.

    With the Colonna report finding no evidence to support the allegations, serious questions are now raised about the speed with which so many states withdrew their funding. Many governments had already reinstated funding for Unrwa after Colonna’s interim report was released last month. These included Australia, Japan, Finland, Iceland,
    Sweden and Canada.

    Since the final report’s publication, EU humanitarian chief Janez Lenarcic has called on others to follow suit. But there are so far no signs that the US – Unrwa’s biggest donor for decades – will.

    Congress recently passed a budget banning any financing of Unrwa for the next 12 months. This means there is little possibility of a policy reversal, even if the Biden administration was amenable to it. By the time that budget expires in March 2025, the next US presidential election may have returned the White House to Trump – who completely defunded the agency during his previous presidency.

    The UK government has also so far resisted calls to reinstate funding to Unrwa, meaning there may be a limit to the Colonna report’s impact on this front.

    Israel’s stance

    The accusations levelled against Unrwa in January follow years of Israeli attacks on the agency. The prime minister, Benjamin Netanyahu, first called for Unrwa to be disbanded back in 2017 and has repeated his demand regularly since then.

    Observing this, several observers, including Omar Shakir, the Israel-Palestine director at Human Rights Watch, have concluded that the Israeli discourse on Unrwa is really driven by the political objective of undermining Palestinian refugee rights.

    They may now point to further evidence of this in the Colonna report, which notes that although Unrwa has provided Israel with its staff lists annually since 2011, the government had never previously raised any concerns.

    The report also throws further doubt on Netanyahu’s post-war plan for Gaza, which proposes that Unrwa be shut down and replaced by other international aid groups. It is unclear how this would work in practice, as Israel has provided no specifics.

    What’s more, Colonna and her team found that Unrwa actually has “a more developed approach to neutrality than other similar UN or NGO entities” – raising questions about whether neutrality is really the issue here.

    Amid the political discussions, it is crucial not to lose sight of what is at stake. A man-made famine is threatening lives across the Gaza Strip. More than 2 million Palestinians are struggling to survive after Israeli attacks have killed more than 34,000 people over the past six months.

    With Unrwa providing a critical lifeline, any decision about its funding has serious repercussions – with the most vulnerable people in Gaza paying the ultimate price.The Conversation

    Anne Irfan, Lecturer in Interdisciplinary Race, Gender and Postcolonial Studies, UCL

    This article is republished from The Conversation under a Creative Commons license. Read the original article.