'Most Thorough Legal Analysis' Yet Concludes Israel Committing Genocide in Gaza
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."
A Palestinian boy observes the site of an Israeli strike on a school
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."
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)
JESSICA CORBETT
May 15, 2024
COMMON DREAMS
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 in its January preliminary ruling ordered Israel to uphold its obligations under the Genocide Convention.
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.
(Photo" Majdi Fathi/NurPhoto via Getty Images)
JESSICA CORBETT
May 15, 2024
COMMON DREAMS
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 in its January preliminary ruling ordered Israel to uphold its obligations under the Genocide Convention.
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.
"The problem for Israel is that the world has seen what they've done," said one observer.
Israeli representatives attend a hearing at the International Court of Justice regarding South Africa's claim that Israel is committing genocide in Gaza on May 17, 2024 in The Hague, Netherlands.
(Photo: Mouneb Taim/Anadolu via Getty Images)
JULIA CONLEY
May 17, 2024
COMMON DREAMS
The arguments presented by Israeli representatives at the International Court of Justice on Friday were not unexpected, as the government faced a new set of hearings on the Israel Defense Forces' assault on Gaza, but observers said the legal team's defense of the country's actions in the Palestinian enclave were "hard to stomach" in light of mounting reports about the lack of humanitarian aid and the rising death toll.
Tamar Kaplan Tourgeman, principal deputy legal adviser of the Israeli Ministry of Foreign Affairs, and Gilad Noam, the deputy attorney general for international law, presented Israel's arguments against South Africa's claim that the ICJ must stop the IDF's invasion of Rafah, from which 630,000 Palestinians have been forced to flee since Israel seized a border crossing there and began moving troops into residential neighborhoods.
More than 1 million people have been forcibly displaced to Rafah since October as Israel has decimated cities across Gaza in what it claims is an effort to target Hamas fighters—but which has killed at least 35,303 people, two-thirds of whom have been women and children. The World Food Program and the U.S. Agency for International Development have both said in recent weeks, following months of warnings from humanitarian groups, that famine has taken hold in parts of Gaza due to Israel's near-total blockade on humanitarian aid.
Tourgeman claimed that South Africa—which launched the genocide case against Israel in December—has turned "a blind eye to Israel's remarkable effort" to provide humanitarian aid to Gaza residents and said Israel has taken "proactive steps" to ensure medical care is still being provided. However, the World Health Organization (WHO) disputed the claims at a press briefing shortly after the hearing.
"The last medical supplies that we got in Gaza was before May 6," WHO spokesperson Tarik Jasarevic said at a U.N. press briefing, referring to the date Israel seized the Rafah crossing. "We don't have fuel. We have hospitals under evacuation order. We have a situation where we cannot move physically."
Al Jazeera journalist Tareq Abu Azzoum reported Friday that U.N. officials had confirmed no aid has come through either the Rafah or Karem Abu Salem crossings in recent days.
"That reflects how much Israel is working to erase truth and change the facts on the ground as it continues its relentless bombardment of Rafah and the Jabalia refugee camp," Abu Azzoum said.
Marc Owen Jones, associate professor of Middle East studies and digital humanities at Hamad Bin Khalifa University in Qatar, accused Israel of using the ICJ hearing to promote "dishonest talking points" to the international community.
"This is why a lot of what it says comes across as completely dishonest—because it is completely dishonest," Jones told Al Jazeera. "There is a difference between the reality on the ground and what Israel is trying to present to the international community... The aid situation is desperate."
Kate Stegeman, a policy and advocacy consultant in South Africa, said it was "particularly hard to stomach" Israel's denial that civilians and medical staffers were killed by the IDF at Al-Shifa Hospital, one of the facilities where multiple mass graves have been found containing hundreds of bodies, including those of women and children.
Tourgeman also focused part of her defense on statements made by Israeli officials about their objectives in Gaza. She claimed that when Prime Minister Benjamin Netanyahu said Gaza must not pose a threat to Israel and when Defense Minister Yoav Gallant said the military operates "neighborhood by neighborhood" and will reach every location in Gaza, they were speaking expressly about Hamas.
The legal adviser did not mention Finance Minister Bezalel Smotrich's recent call for the "total annihilation" of Rafah and other cities, Gallant's statement that he had "released all the restraints" on the military, or a former intelligence chief's comment in October that "the 'noncombatant population' in the Gaza Strip is really a nonexistent term," among other statements.
While the Israeli representatives claimed the country "has been and remains committed to acting in accordance with its international legal obligations," said one critic, "the problem for Israel is that the world has seen what they've done."
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