Ten Holocaust survivors condemn Israel’s Gaza genocide
Holocaust survivors say using the Holocaust to justify genocide in Gaza and repress student protest on college campuses is a complete insult to the Holocaust’s memory.
BY OPEN LETTER https://mondoweiss.net/2024/06/ten-holocaust-survivors-condemn-israels-gaza-genocide/
Below is a letter signed by ten Holocaust survivors condemning the genocide in Gaza and the misuse of antisemitism accusations by politicians.
The co-founder of Human Rights Watch, Aryeh Neier, has recently said that Israel is engaged in genocide in Gaza. He’s also said that using accusations of antisemitism to attack Israel’s critics “debases the whole concept of antisemitism.” As Holocaust survivors, we are writing to agree wholeheartedly with Professor Neier — who himself only survived the Holocaust by escaping Nazi Germany as a child in 1939.
At a recent Holocaust memorial, Netanyahu declared: “We’ll defeat our genocidal enemies. Never again is now!”
Meanwhile, at another memorial, Biden warned of a “ferocious surge of antisemitism” on college campuses.
In our opinion, to use the memory of the Holocaust like this to justify either genocide in Gaza or repression on college campuses is a complete insult to the memory of the Holocaust.
The dehumanization of Palestinians, describing them as “human animals,” the killing of tens of thousands of civilians, indiscriminate bombing, the destruction of universities and hospitals, and the use of mass starvation — these are clearly stages of ethnic cleansing and genocide. They cannot be defended any more than sending weapons to commit this genocide or refusing funding to UNRWA. With no better arguments, our politicians have resorted to misusing the memory of the Holocaust while claiming that protesting against Israeli genocide is somehow antisemitic.
As Holocaust survivors, we have no special authority on the Middle East but we do know about antisemitism. It’s simply wrong to claim that it’s antisemitic to oppose Israeli genocide. It’s also wrong to claim that calling for equal rights for Jews and Arabs “from the river to the sea” is antisemitic.
As Holocaust survivors, we are just a few individuals but we want to add our voices to the growing global movement to demand a permanent ceasefire, an Israeli withdrawal from Gaza, and for the West to stop arming and supporting genocide.
Signatories
Jacques Bude (Brussels Belgium), survived in hiding in Belgium, parents killed in Auschwitz.
Marione Ingram (Washington DC), survived in hiding in Nazi Germany.
Stephen Kapos (London UK), survived the Budapest ghetto.
H. Richard Leuchtag (Houston TX), escaped Germany in 1938.
Rene Lichtman (Southfield MI), survived in hiding in France.
Adam Policzer (Vancouver BC), survived in hiding in Hungary.
Lillian Rosengarten (Cold Spring NY), escaped Germany in 1936.
Suzanne Ross (New York), escaped Nazi-occupied Belgium
Suzanne Berliner Weiss (Toronto Ont.), survived in hiding in France, mother killed in Auschwitz.
Ervin Somogyi (Oakland, CA), survivor from Hungary.
Biden claims binding UN Security Council Gaza ceasefire resolution is ‘non-binding.’
Walt Zlotow, 31 Mar 24 https://heartlandprogressive.blogspot.com/
After 4 tries the UN Security Council Monday passed a binding resolution demanding “an immediate ceasefire for the month of Ramadan respected by all parties leading to a lasting sustainable ceasefire.” While the US didn’t veto it, their abstention allowed the other 14 Security Council member to pass the resolution with yea votes.
But the US abstention now required the US to follow the binding resolution and cease its 6 month long enabling of the Israeli genocide in Gaza.
What to do? Since the Biden administration has no intention of ending its genocidal support, it unilaterally declared the binding resolution was non-binding.
America’s UN Ambassador Linda Thomas-Greenfield, who cast the abstention, said “We fully support some of the critical objectives in this nonbinding resolution.”
White House National Security Communications Advisor John Kirby followed Thomas-Greenfield by calling the resolution “nonbinding” four times. “Number one, it’s a nonbinding resolution. So, there’s no impact at all on Israel and Israel’s ability to continue to go after Hamas.”
A short time later State Department spokesperson Matt Miller also called the resolution “nonbinding” three times.
UN Secretary General Antonio Guterres denounced Biden’s disreputable, illegal and disheartening abrogation of international law. “This resolution must be implemented. Failure would be unforgivable.” UN deputy spokesperson Farhan Haq added, “All the resolutions of the Security Council are international law. They are as binding as international laws.”
Pedro Comissario UN envoy of Mozambique, a non-permanent Security Council said “All United Nations Security Council resolutions are binding and mandatory. It is the hope of the 10 (non-permanent members) that the resolution adopted today will be implemented in good faith by all parties.”
Even America’s foreign policy poodle Great Britain abandoned America’s trashing of international law. Their envoy stated “We expect all Council resolutions to be implemented. This one is not any different. The demands in the resolution are absolutely clear.”
President Biden is so obsessed with supporting Israel’s genocide in Gaza, he’s descended into Orwellian rhetoric to erase international law from the US diplomatic toolbox.
UN expert says she faces threats after Israel-Gaza genocide report
Francesca Albanese had stated there were clear indications Israel has violated three acts in the UN Genocide Convention.
A United Nations expert who published a report saying there were reasonable grounds to believe Israel has committed genocide in its war on Gaza says she has received threats throughout her mandate.
Francesca Albanese, the special rapporteur on the human rights situation in the occupied Palestinian territories, presented a report entitled “Anatomy of a Genocide” to the UN Human Rights Council on Tuesday, which Israel said it “utterly rejects
In the report, Albanese said there are clear indications that Israel has violated three of the five acts listed under the UN Genocide Convention in its war on Gaza.
Asked whether her work on the report had caused her to receive threats, Albanese said: “Yes, I do receive threats. Nothing that so far I considered needing extra precautions. Pressure? Yes, and it doesn’t change either my commitment or the results of my work.”
Albanese, who has held the position since 2022, did not elaborate on the nature of the threats, nor did she say who had issued them.
“It’s been a difficult time,” she said. “I’ve always been attacked since the very beginning of my mandate.”
27:55
Israel has criticised Albanese, saying she was “delegitimising the very creation and existence of the State of Israel”. Albanese denied the accusation.
Albanese said one of her key findings was that Israel’s executive and military leadership and soldiers have intentionally “subverted their protection functions in an attempt to legitimise genocidal violence against the Palestinian people”.
“The only reasonable inference that can be drawn from the unveiling of this policy is an Israeli state policy of genocidal violence toward the Palestinian people in Gaza,” she said, adding that it was a “long-standing settler colonial process of erasure”.
She called for the “ongoing Nakba” to stop, referring to the ethnic cleansing of Palestine in 1948.
Israel’s diplomatic mission in Geneva said the use of the word genocide was “outrageous” and said the war was against Hamas and not Palestinian civilians.
Albanese, an Italian lawyer and academic, is one of dozens of independent human rights experts mandated by the United Nations to report on specific themes and crises.
The views expressed by special rapporteurs do not reflect those of the global body as a whole.
Israel Remains Intent on Genocide Despite World Court Orders
After the ICJ told Israel not to commit genocide, it killed, wounded and denied aid to tens of thousands of Gazans.
By Marjorie Cohn , TRUTHOUT, 27 Mar 24
srael is continuing its genocidal campaign against the Palestinians in Gaza and hindering humanitarian relief efforts despite specific orders from the International Court of Justice (ICJ), or the World Court, to refrain from these very actions.
On January 26, in South Africa’s genocide case against Israel, the ICJ ordered the following provisional measures be taken:
- Israel shall prevent the commission of all genocidal acts, especially (a) killing Palestinians in Gaza; (b) causing serious bodily or mental harm to Palestinians in Gaza; (c) deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction in whole or in part; and (d) imposing measures intended to prevent Palestinian births in Gaza;
- Israel shall immediately ensure that its military does not commit any of the acts listed above;
- Israel shall punish the direct and public incitement to commit genocide;
- Israel shall immediately enable urgently needed basic services and humanitarian assistance to Palestinians in Gaza;
- Israel shall prevent the destruction and ensure the preservation of evidence; and
- Israel shall submit a report to the ICJ on all measures taken to carry out this order within one month.
Since the ICJ issued the order, Israel has consistently flouted its mandate.
Israel Continues to Kill, Wound and Deny Humanitarian Aid
Gaza’s Health Ministry reported that between January 26 and February 23, more than 3,400 Palestinians in Gaza had been killed. Israeli forces repeatedly killed and wounded civilians fleeing or taking shelter in areas the Israeli military had declared “safe zones.” As of this writing, more than 32,000 Palestinians have been killed and nearly 75,000 have been wounded in Gaza.
One month after the ICJ’s ruling, Human Rights Watch reported that, “Israel continues to obstruct the provision of basic services and the entry and distribution within Gaza of fuel and lifesaving aid, acts of collective punishment that amount to war crimes and include the use of starvation of civilians as a weapon of war. Fewer trucks have entered Gaza and fewer aid missions have been permitted to reach northern Gaza in the several weeks since the ruling than in the weeks preceding it,” citing a study by the United Nations Office of the Coordination of Humanitarian Affairs.
“The Israeli government is starving Gaza’s 2.3 million Palestinians, putting them in even more peril than before the World Court’s binding order,” said Omar Shakir, who is Israel and Palestine director at Human Rights Watch. “The Israeli government has simply ignored the court’s ruling, and in some ways even intensified its repression, including further blocking lifesaving aid.”
On March 18, the Integrated Food Security Phase Classification, the world’s leading tracker of humanitarian crises, reported that a state of famine is “imminent” in Gaza unless there is an immediate ceasefire and full access granted to protect civilians; provide food, water and medicine; and restore health, water, energy and sanitation services.
Euro-Med Human Rights Monitor found that “The ongoing Israeli massacre in Gaza City’s Al-Shifa Medical Complex and surrounding areas has left at least 100 Palestinians dead, many of whom were victims of extrajudicial executions after their arrest. The international community must intervene immediately to put an end to this atrocity.”
South Africa Asks the ICJ to Order Additional Measures……………………………………………
Armed by Washington, Israel Trashes the Genocide Convention
Stop treating Gaza like a natural disaster.
SCHEERPOST, By Stan Cox and Priti Gulati Cox / TomDispatch 20 Mar 24
It’s been almost two months since the International Court of Justice ordered Israel to stop killing Gazans and destroying their means of subsistence. So let’s look back and ask (1) how Israel has responded to its “orders,” and (2) how hard the Biden administration has pushed Israel to abide by those orders. Spoiler alert: the short answers are (1) not well and (2) not very.
The American government has provided most of the armaments and targeting technologies being used to kill Gazans by the thousands while turning many of the rest of them into refugees by destroying their homes, offices, schools, and hospitals. Nor did the Biden administration threaten to withdraw that support when Israel blocked shipments of crucial food and fuel to the 25-mile-long Gaza Strip. It also keeps vetoing U.N. Security Council resolutions that would hold Israel accountable. And President Biden, despite an increasing amount of rhetorical shuffling, continues to back Prime Minister Benjamin Netanyahu and the Israeli Defense Forces (IDF), even though they have ignored the International Court’s orders and continue committing atrocities.
Flouting the Order to Stop the Killing
On January 26th, the International Court of Justice handed down a ruling in a case brought by the Republic of South Africa accusing Israel of genocide. It ordered that Israel must “ensure with immediate effect that its military does not commit any acts described” in the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.
The court’s first order prohibited “killing members” of the Palestinian population or “causing serious bodily or mental harm” to them. How did Israel respond? Consider that, between late December 2023 and January 21st of this year, the IDF had killed about 5,000 Palestinians, already pushing the death toll in the Gaza Strip past 25,000. The court’s order, issued days later, would have essentially zero effect. Another 5,000-plus Palestinians would be killed by late February, raising the death toll to more than 30,000.
During the month after the ruling, Israeli troops repeatedly killed or injured civilians fleeing to, or taking shelter in, areas the IDF had advertised as “safe zones.” Typically, when, on February 12th, Israeli aircraft attacked 14 homes and three mosques in the southern Gaza city of Rafah, killing 67 Palestinians, some of the survivors told reporters that they’d been inside tents in a refugee camp. Similarly, on February 22nd, Israeli warplanes struck a residential area in central Gaza, killing 40 civilians, mostly women and children, and wounding more than 100.
Worse yet, the Biden administration has enabled that ongoing killing spree by approving 100 separate military sales to Israel since the conflict began in October. As a former administration official told the Washington Post, “That’s an extraordinary number of sales over the course of a pretty short amount of time, which really strongly suggests that the Israeli campaign would not be sustainable without this level of U.S. support.”
In other words, the backbone of the war on Gaza comes with a label: “Made in USA.” In the decade leading up to October 7th, as the Stockholm International Peace Research Institute has reported, two-thirds of Israel’s arms imports came from the United States. (From 1950 to 2020, the U.S. share was a whopping 83%!)
In just the first couple of months of the war, the Biden administration sent 230 cargo planes and 20 ships full of military goods to Israel, a trove that included 100 BLU-109 bombs (2,000-pounders designed to penetrate hardened structures before exploding), 5,400 MK84 and 5,000 MK82 bunker-busters, 1,000 GBU-39 bombs, 3,000 JDAM bomb-guidance kits, and 200 “kamikaze drones.”
Such powerful bombs, reported Al Jazeera, “have been used in some of the deadliest Israeli attacks on the Gaza Strip, including a strike that leveled an apartment block in the Jabalia refugee camp, killing more than 100 people.” And yes, such bunker-busters were widely used in the U.S. wars in Iraq and Afghanistan, but not in places as densely populated as Gaza’s cities. Israeli sources tried to justify that particular death toll by insisting it was necessary to kill one of Hamas’s leaders. If so, we’re talking about a 100-to-1 ratio, or a kind of collective punishment being supported by our tax dollars………………………………………………………………………………………………………more https://scheerpost.com/2024/03/20/armed-by-washington-israel-trashes-the-genocide-convention/
Biden Casts 3rd UN Veto Allowing Israeli Genocide in Gaza To Continue
by Walt Zlotow , https://www.antiwar.com/blog/2024/02/21/biden-casts-3rd-un-veto-allowing-israeli-genocide-in-gaza-to-continue/
No surprise President Biden cast his third veto in the UN Security Council to prevent a full, permanent ceasefire in Gaza. Biden’s depraved support of Israeli genocide in Gaza has no limits. Over 25,000 tons of US weapons have contributed to over 100,000 deaths and injuries, displacement of nearly 2,000,000 Palestinians and destruction of nearly all medical, educational and cultural institutions. The appropriate word for all that? Genocide.
President Biden ludicrously claims his veto was cast because it interfered with the US ceasefire plan and efforts to get aid to beleaguered Palestinians. Biden’s first reason is ghoulish. His plan calls for a temporary ceasefire to get all the hostages out, after which Israeli ethnic cleansing, with unlimited US aid, can resume till complete. His second reason is preposterous The UN accurately states Israel blocks virtually all aid from reaching sick, starving and wounded Palestinians.
President Biden may not be in mental and physical decline severe enough to prevent his functioning as president. But his enabling of Israel’s genocidal ethnic cleansing of Gaza for 5 months now, makes Biden’s moral decline a disqualifier for further serving as president.
Walt Zlotow became involved in antiwar activities upon entering University of Chicago in 1963. He is current president of the West Suburban Peace Coalition based in the Chicago western suburbs. He blogs daily on antiwar and other issues at www.heartlandprogressive.blogspot.com.
It May be Genocide, But it Won’t Be Stopped
The ruling by the International Court of Justice was a legal victory for South Africa and the Palestinians, but it will not halt the slaughter.
SCHEERPOST, By Chris Hedges 26 Jan 24
The International Court of Justice (ICJ) refused to implement the most crucial demand made by South African jurists: “the State of Israel shall immediately suspend its military operations in and against Gaza.” But at the same time, it delivered a devastating blow to the foundational myth of Israel. Israel, which paints itself as eternally persecuted, has been credibly accused of committing genocide against Palestinians in Gaza. Palestinians are the victims, not the perpetrators, of the “crime of crimes.” A people, once in need of protection from genocide, are now potentially committing it. The court’s ruling questions the very raison d’être of the “Jewish State” and challenges the impunity Israel has enjoyed since its founding 75 years ago.
The ICJ ordered Israel to take six provisional measures to prevent acts of genocide, measures that will be very difficult if not impossible to fulfill if Israel continues its saturation bombing of Gaza and wholesale targeting of vital infrastructure.
The court called on Israel “to prevent and punish the direct and public incitement to commit genocide.” It demanded Israel “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance.” It ordered Israel to protect Palestinian civilians. It called on Israel to protect the some 50,000 women giving birth in Gaza. It ordered Israel to take “effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip.”
The court ordered Israel to “take all measures within its power” to prevent the crimes which amount to genocide such as “killing, causing serious bodily and mental harm, inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, and imposing measures intended to prevent births within the group.”
Israel was ordered to report back in one month to explain what it had done to implement the provisional measures.
Gaza was pounded with bombs, missiles and artillery shells as the ruling was read in The Hague — at least 183 Palestinians have been killed in the last 24 hours. Since Oct. 7, more than 26,000 Palestinians have been killed. Almost 65,000 have been wounded, according to the Palestinian Ministry of Health. Thousands more are missing. The carnage continues. This is the cold reality.
Translated into the vernacular, the court is saying Israel must feed and provide medical care for the victims, cease public statements advocating genocide, preserve evidence of genocide and stop killing Palestinian civilians. Come back and report in a month.
It is hard to see how these provisional measures can be achieved if the carnage in Gaza continues.
“Without a ceasefire, the order doesn’t actually work,” Naledi Pandor, South Africa’s minister of international relations, stated bluntly after the ruling.
Time is not on the side of the Palestinians. Thousands of Palestinians will die within a month. Palestinians in Gaza make up 80 percent of all the people facing famine or catastrophic hunger worldwide, according to the United Nations. The entire population of Gaza by early February is projected to lack sufficient food, with half a million people suffering from starvation, according to the Integrated Food Security Phase Classification, drawing on data from U.N. agencies and NGOs. The famine is engineered by Israel.
At best, the court — while it will not rule for a few years on whether Israel is
committing genocide — has given legal license to use the word “genocide” to describe what Israel is doing in Gaza. This is very significant, but it is not enough, given the humanitarian catastrophe in Gaza.
Israel has dropped almost 30,000 bombs and shells on Gaza — eight times more bombs than the U.S. dropped on Iraq during six years of war. It has used hundreds of 2,000-pound bombs to obliterate densely populated areas, including refugee camps. These “bunker buster” bombs have a kill radius of a thousand feet. The Israeli aerial assault is unlike anything seen since Vietnam. Gaza, only 20 miles long and five miles wide, is rapidly becoming, by design, uninhabitable.
Israel will no doubt continue its assault arguing that it is not in violation of the court’s directives. In addition, the Biden administration will undoubtedly veto the resolution at the Security Council demanding Israel implement the provisional measures. The General Assembly, if the Security Council does not endorse the measures, can vote again calling for a ceasefire, but has no power to enforce it.
Defense for Children International – Palestine v. Biden was filed in November by the Center for Constitutional Rights against President Joe Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin. The case challenges the U.S. government’s failure to prevent complicity in Israel’s unfolding genocide of the Palestinian people. It asks the court to order the Biden administration to cease diplomatic and military support and comply with its legal obligations under international and federal law.
The only active resistance to halt the Gaza genocide is provided by Yemen’s Red Sea blockade. ………………………………………………………………….
The ICJ was founded in 1945 following the Nazi Holocaust. The first case it heard was submitted to the court in 1947.
“Decisions that endanger the continued existence of the State of Israel must not be listened to,” Ben-Gvir added. “We must continue defeating the enemy until complete victory.”……………………………………………………
It is clear from the ruling that the court is fully aware of the magnitude of Israel’s crimes. This makes the decision not to call for the immediate suspension of Israeli military activity in and against Gaza all the more distressing.
But the court did deliver a devastating blow to the mystique Israel has used since its founding to carry out its settler colonial project against the indigenous inhabitants of historic Palestine. It made the word genocide, when applied to Israel, credible. https://scheerpost.com/2024/01/26/chris-hedges-it-may-be-genocide-but-it-wont-be-stopped/
The Case for Genocide
A ruling by the court could be years away. But South Africa is asking for provisional measures that would demand Israel cease its military assault – in essence a permanent ceasefire. This decision could come within two or three weeks.
The International Court of Justice may be all that stands between the Palestinians in Gaza and genocide.
By Chris Hedges /ScheerPost, https://scheerpost.com/2024/01/12/chris-hedges-the-case-for-genocide/
The exhaustive 84-page brief submitted by South Africa to the International Court of Justice (ICJ) charging Israel with genocide is hard to refute. Israel’s campaign of indiscriminate killing, wholesale destruction of infrastructure, including housing, hospitals and water treatment plants, along with its use of starvation as a weapon, accompanied by genocidal rhetoric from its political and military leaders who speak of destroying Gaza and ethnically cleansing the 2.3 million Palestinians, makes a strong case against Israel for genocide.
Israel’s smearing of South Africa as “the legal arm” of Hamas exemplifies the bankruptcy of its defense, a smear replicated by those who claim that demonstrations held to call for a ceasefire and protect Palestinian human rights are “anti-Semitic.” Israel, its genocide live streamed to the world, has no substantial counter argument.
But that does not mean the judges on the court will rule in South Africa’s favor. The pressure the U.S. will bring – Secretary of State Antony Blinken has called the South African charges “meritless” – on the judges, drawn from the member states of the U.N., will be intense.
A ruling of genocide is a stain that Israel – which weaponizes the Holocaust to justify its brutalization of the Palestinians – would find hard to remove. It would undercut Israel’s insistence that Jews are eternal victims. It would shatter the justification for Israel’s indiscriminate killing of unarmed Palestinians and construction of the world’s largest open air prison in Gaza, along with the occupation of the West Bank and East Jerusalem. It would sweep away the immunity to criticism enjoyed by the Israel lobby and its Zionist supporters in the U.S., who have successfully equated criticisms of the “Jewish State” and support for Palestinian rights with anti-Semitism.
Over 23,700 Palestinians, including over 10,000 children, have been killed in Gaza since Oct. 7, when Hamas and other resistance fighters breached the security barriers around Gaza. Some 1,200 people were killed – there is strong evidence that some of the victims were killed by Israeli tank crews and helicopter pilots that intentionally targeted the some 200 hostages along with their captors. Thousands more Palestinians are missing, presumed buried under the rubble. Israeli attacks have left over 60,000 Palestinians wounded and maimed, the majority of them women and children. Thousands more Palestinian civilians, including children, have been arrested, blindfolded, numbered, beaten, forced to strip to their underwear, loaded onto trucks and transported to unknown locations.
A ruling by the court could be years away. But South Africa is asking for provisional measures that would demand Israel cease its military assault – in essence a permanent ceasefire. This decision could come within two or three weeks. It is a decision that is not based on the final ruling by the court, but on the merits of the case brought by South Africa. The court would not, by demanding Israel end its hostilities in Gaza, define the Israeli campaign in Gaza as genocide. It would confirm that there is the possibility of genocide, what the South African lawyers call acts that are “genocidal in character.”
The case will not be determined by the documentation of specific crimes, even those defined as war crimes. It will be determined by genocidal intent – the intent to eradicate in whole or in part, a national, ethnic, racial or religious group – as defined in the Genocide Convention.
These acts collectively include the targeting of refugee camps and other densely packed civilian areas with 2,000-pound bombs, the blocking of humanitarian aid, the destruction of the health care system and its effects on children and pregnant women – the U.N. estimates there are around 50,000 pregnant women in Gaza, and that more than 160 babies are delivered every day – as well as repeated genocidal statements by leading Israeli politicians and generals.
Prime Minister Benjamin Netanyahu equated Gaza with Amalek, a nation hostile to the Israelites in the Bible, and cited the Biblical injunction to kill every Amalek man, woman, child or animal. Defence Minister Yoav Gallant called Palestinians “human animals.” Israeli President Isaac Herzog stated, as the South African lawyers told the court, that everybody in Gaza is responsible for what happened on Oct. 7 because they voted for Hamas, although half the population in Gaza are children who are too young to vote. But even if the entire population of Gaza did vote for Hamas this does not make them a legitimate military target. They are still, under the rules of war, civilians, and entitled to protection. They are also entitled under international law to resist their occupation via armed struggle.
The South African lawyers, who compared Israel’s crimes with those carried out by the apartheid regime in South Africa, showed the court a video of Israeli soldiers celebrating and calling for the death of Palestinians – they sang as they danced “There are no uninvolved civilians” – as evidence that genocidal intent descends from the top to the bottom of the Israeli war machine and political system. They provided the court with photos of mass graves where bodies were buried “often unidentified.” No one – including newborns – was spared, the South African lawyer Adila Hassim, Senior Counsel, explained to the court.
The South African lawyers told the court the “first genocidal act is mass killing of Palestinians in Gaza.” The second genocidal act, they stated, is the serious bodily or mental harm inflicted on Palestinians in Gaza in violation of Article 2B of the Genocide Convention. Tembeka Ngcukaitobi, another lawyer and legal scholar representing South Africa, argued that “Israel’s political leaders, military commanders and persons holding official positions have systematically and in explicit terms declared their genocidal intent.”
Lior Haiat, spokesperson for the Israeli Ministry of Foreign Affairs, called Thursday’s three hour hearing one of the “greatest shows of hypocrisy in history, compounded by a series of false and baseless claims.” He accused South Africa of seeking to allow Hamas to return to Israel to “commit war crimes.”
Israeli jurists, in their response on Friday, called the South African charges “unfounded, “absurd” and amounting to “libel.” Israel’s legal team said it had – despite U.N. reports of widespread starvation and infectious diseases from a breakdown in sanitation and shortage of clean water – not impeded humanitarian assistance. Israel defended attacks on hospitals, calling them “Hamas command centers.” It told the court it was acting in self-defense. “The inevitable fatalities and human suffering of any conflict is not of itself a pattern of conduct that plausibly shows genocidal intent,” said Christopher Staker, a barrister for Israel.
Israeli leaders accuse Hamas with carrying out genocide, although legally if you are the victims of genocide you are not permitted to commit genocide. Hamas is also not a state. It is not, therefore, a party to the Genocide Convention. The Hague, for this reason, has no jurisdiction over the organization. Israel also claims the Palestinians are warned to evacuate areas that will come under attack and provided with “safe areas,” although as the South African lawyers documented, “safe areas” are routinely bombed by Israel with numerous civilian casualties.
Israel and the Biden administration intend to prevent any temporary injunction by the court, not because the court can force Israel to halt its military assaults, but because of the optics, which are already disastrous. The ICJ’s ruling depends on the Security Council for enforcement – which given the veto power by the U.S., renders any ruling against Israel moot. The second objective of the Biden administration is to make sure Israel is not found guilty of committing genocide. It will be unrelenting in this campaign, heavily pressuring the governments that have jurists on the court not to find Israel guilty. Russia and China, who have jurists in The Hague, are battling their own charges of genocide and may decide it is not in their interests to find Israel guilty.
The Biden administration is playing a very cynical game. It insists it is trying to halt what, by its own admission, is Israel’s indiscriminate bombing of Palestinians, while bypassing Congress to speed up the supply of weapons to Israel, including “dumb” bombs. It insists it wants the fighting in Gaza to end while it vetoes ceasefire resolutions at the U.N. It insists it upholds the rule of law while it subverts the legal mechanism that can halt the genocide.
Cynicism pervades every word Biden and Blinken utter. This cynicism extends to us. Our revulsion for Donald Trump, the Biden White House believes, will impel us to keep Biden in office. On any other issue this might be the case. But it cannot be the case with genocide.
Genocide is not a political problem. It is a moral one. We cannot, no matter what the cost, support those who commit or are accomplices to genocide. Genocide is the crime of all crimes. It is the purest expression of evil. We must stand unequivocally with Palestinians and the jurists from South Africa. We must demand justice. We must hold Biden accountable for the genocide in Gaza.
1 This month
of the week – Disrupting War & Militarism in Oceania. Active solidarity. Radical practice.
Antinuclear 