Friday, March 29, 2024

Draft UN Report Finds Israel Has Met Threshold for Genocide

"Israel's genocide on the Palestinians in Gaza is an escalatory stage of a long-standing settler-colonial process of erasure."


The bodies of victims of the October 31, 2023 Israeli bombing of the
 Jabalia refugee camp in the Gaza Strip are lined up outside the Indonesian 
Hospital in Gaza City.
(Photo: Fadi Alwhidi/Anadolu via Getty Images)



BRETT WILKINS
Mar 25, 2024
COMMON DREAMS'

The United Nations Human Rights Council on Monday published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza, a move that came on the same day as the U.N. Security Council passed a resolution demanding an immediate cease-fire in the ongoing war.

The advance unedited version of the report—entitled Anatomy of a Genocide—concludes that Israel's far-right government and military "have intentionally distorted jus in bello principles, subverting their protective functions, in an attempt to legitimize genocidal violence against the Palestinian people."

"The overwhelming nature and scale of Israel's assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group," the draft report states, enumerating Israeli actions that violate Article II of the Convention on the Prevention and Punishment of the Crime of Genocide: "Killing members of the group; causing serious bodily or mental harm to group members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part."

"Israel has de facto treated an entire protected group and its life-sustaining infrastructure as 'terrorist' or 'terrorist-supporting,' thus transforming everything and everyone into either a target or collateral damage, hence killable or destroyable," the paper continues. "In this way, no Palestinian in Gaza is safe by definition. This has had devastating, intentional effects, costing the lives of tens of thousands of Palestinians, destroying the fabric of life in Gaza, and causing irreparable harm to its entire population."




Israel rejected the report as "an obscene inversion of reality."

According to Palestinian and international humanitarian officials, Israel's 171-day Gaza onslaught has killed at least 32,333 Palestinians, most of them women and children, while wounding nearly 75,000 others and displacing around 90% of Gaza's 2.3 million people. Thousands more Palestinians are missing and believed to be dead and buried beneath the rubble of bombed buildings. Disease and deadly starvation caused and exacerbated by Israel's siege and blockade of Gaza are spreading rapidly.

"Israel's genocide on the Palestinians in Gaza is an escalatory stage of a long-standing settler-colonial process of erasure," the draft report asserts. "For over seven decades this process has suffocated the Palestinian people as a group—demographically, culturally, economically, and politically—seeking to displace it and expropriate and control its land and resources."

Referring to the flight and ethnic cleansing of more than 750,000 Arabs from Palestine during the foundation of the modern state of Israel in 1948, the paper contends that "the ongoing Nakba must be stopped and remedied once and for all. This is an imperative owed to the victims of this highly preventable tragedy, and to future generations in that land."

"The ongoing Nakba must be stopped and remedied once and for all."

The draft report urges U.N. member states to "enforce the prohibition of genocide in accordance with their... obligations" under international law. In January, the U.N.'s International Court of Justice (ICJ) found that Israel was "plausibly" perpetrating genocide in Gaza and ordered the country's government to "take all measures within its power" to prevent genocidal acts. Human rights defenders say Israel has ignored the order.

"Israel and those states that have been complicit in what can be reasonably concluded to constitute genocide must be held accountable and deliver reparations commensurate with the destruction, death, and harm inflicted on the Palestinian people," the publication argues.

The draft report recommends measures including:Immediate implementation of an arms embargo on Israel, as it appears to have failed to comply with the binding measures ordered by the ICJ;

Immediate referral of the situation in Palestine to the International Criminal Court in support of its ongoing investigation;

Ensuring that Israel, as well as states who have been complicit in the Gaza genocide, acknowledge the colossal harm done, commit to nonrepetition, with measures for prevention and full reparations, including the full cost of the reconstruction of Gaza;
Deploying an international protective presence to constrain the violence routinely used against Palestinians in the occupied territories; and
Ensuring that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is properly funded to enable it to meet the increased needs of Palestinians in Gaza.

Israel on Monday informed the U.N. that it will no longer allow UNRWA convoys carrying food aid into northern Gaza, even as the Palestinians are starving to death, a move that one humanitarian campaigner called a "death sentence."




















State Department Spokesman Urged to Resign Over 'Despicable' Attack on UN Expert


One critic described Matthew Miller's attack on United Nations special rapporteur Francesca Albanese as a "Trumpian smearing of a principled human rights expert."



U.S. State Department spokesperson Matthew Miller speaks to reporters during a press briefing on March 25, 2024.

(Photo: Mostafa Bassim/Anadolu via Getty Images)

JAKE JOHNSON
Mar 28, 2024
COMMON DREAMS

U.S. State Department Matthew Miller faced calls to resign Thursday after he accused a United Nations special rapporteur of engaging in antisemitism—an attack that came days after the human rights expert presented a report concluding that Israel's assault on Gaza has met the threshold of genocide.

Asked about the report during a press briefing on Wednesday, Miller said the U.S. has "for a longstanding period of time opposed the mandate of this special rapporteur, which we believe is not productive."

"And when it comes to the individual who holds that position, I can't help but note a history of antisemitic comments that she has made that have been reported," Miller added, pointing to comments that Francesca Albanese—the U.N. special rapporteur on the human rights situation in the occupied Palestinian territories—"made in December that appeared to justify the attacks of October 7."



It's not entirely clear which comments Miller was referencing.

In an interview with Jewish News Syndicate in December, Albanese was asked whether Palestinian militants' killing of Israeli soldiers on October 7 was a violation of international law. Albanese, an Italian attorney and academic, said that "killing a soldier is a tragedy under international law, but when there is an armed conflict, like in this case, killing a soldier is not illegal."

But Albanese stressed in the interview that the Hamas-led attacks on Israeli civilians—including the taking of hostages—were "not legitimate resistance."

"These are crimes and cannot be justified," she added.

Miller's attack on Albanese Wednesday—which echoed earlier attacks on the special rapporteur by U.S. officials and lawmakers—sparked immediate backlash and calls for his resignation.

"Matthew Miller should be forced to resign for trying to endanger the life of a U.N. official with falsehoods," Ashish Prashar, a spokesperson for Gaza Voices, said in a statement. Albanese said earlier this week that she has faced threats following the publication of her report accusing Israel of committing genocide in the Gaza Strip.


Rohan Talbot, director of advocacy and campaigns at Medical Aid for Palestinians, called the State Department spokesman's remarks a "truly despicable, Trumpian smearing of a principled human rights expert."

"Note the lack of substantive rebuttals of her careful analysis, and the resort to ad hominem attacks," Talbot wrote on social media. "Not the sign of a confident administration."

"Israel has a long history of weaponizing false charges of antisemitism to attack and undermine those fighting for human rights for Palestinians."

The Israeli government has similarly attempted to cast Albanese as an antisemite, drawing pushback from human rights organizations and academics who say the claim is a baseless attempt to discredit her work.

"Israel has a long history of weaponizing false charges of antisemitism to attack and undermine those fighting for human rights for Palestinians—and U.N. officials and experts have been among the most consistent victims of those attacks," Phyllis Bennis, director of the New Internationalism Project at the Institute for Policy Studies, told Common Dreams.

"Almost 15 years ago Richard Falk," Bennis added, "an internationally respected Princeton professor of international law who had just been appointed special rapporteur, was not only denied access to the occupied Palestinian territory to carry out the terms of his U.N. mandate, but was also arrested and jailed by Israeli authorities."

"Since then every special rapporteur has been similarly excluded, their mandate and their work undermined, and their commitment to international law and human rights attacked as antisemitic," she said. "Francesca Albanese has been among the bravest of these SRs, maintaining her commitment to calling out all violations of international law relevant to her mandate—including when Israel has violated international covenants against apartheid and now, against genocide."

Albanese's 25-page report, which she delivered to the U.N. Human Rights Council on Tuesday, argues that "the overwhelming nature and scale of Israel's assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group."

"There are reasonable grounds to believe that the threshold indicating the commission of the following acts of genocide against Palestinians in Gaza has been met: killing members of the group; causing serious bodily or mental harm to groups' members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part," the report states. "Genocidal acts were approved and given effect following statements of genocidal intent issued by senior military and government officials."

Amnesty International praised the report as "a crucial body of work that must serve as a vital call to action."

The Biden State Department has publicly rejected genocide accusations against Israel as "meritless" and said it has not found Israel's military to be in violation of international law during its monthslong war on Gaza—an assessment that conflicts with the findings of leading human rights organizations and U.N. experts.

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