Genocide Prosecutions
Updated 2024-01-15
2024-01-15 SOUTH AFRICA will win ! ISRAEL disrespected and undermined the International Court of Justice. I am joined today by two amazing guests. Diana Buttu, Palestinian lawyer, part of the Palestinian legal team in 2004 at the ICJ and William Schabas, the most prominent legal expert in the world on the question of Genocide. William was counsel at the ICJ in 2014 for the Serbia vs Croatia case and in 2019 for the Myanmar vs Gambia case.
How long before the verdict? What does it mean in practice? What is the power of the ICJ to enforce its verdict? How will this case affect the CCR case vs Joe Biden? What are the obligations of other states? A fascinating insight into South Africa vs Israel at the ICJ. https://www.youtube.com/watch?v=u0JfkH-KjNE
2024-01-15 Genocide: South Africa’s Case is Strengthened by Israel’s Defence – Prof. Akinyemi https://www.youtube.com/watch?v=PhFoPJSn7AM
2024-01-15 David Cameron’s Disgraceful Defense of Israeli Genocide Britain’s foreign secretary David Cameron has added his voice to the chorus of Western politicians dismissing South Africa’s ICJ case against Israel this week you suggested to the Parliamentary uh committee that Israel might be guilty of war crimes. https://www.youtube.com/watch?v=cbvMtxMzpys
2024-01-15 Is Israel committing genocide in Gaza? | The News Agents [MEK Note: Israel government spokesman’s viewpoint defending Israel. He is a trip!!!]
The war in Gaza has escalated. The UK, US and allies have attacked Houthi militia in Yemen, who themselves have been attacking Western shipping routes in the Red Sea. Meanwhile, on Thursday South Africa took Israel to court, in the ICJ, the International Court of Justice in The Hague. They contend that Israel is committing acts of genocide in Gaza. Israel denies the claims.
In this episode Lewis asks whether the case is credible and what might happen if Israel loses. He also talks in an extended interview to Eylon Levy, the ubiquitous spokesman for the Israel government to ask him when the war might end and how Israel can continue to justify the worsening humanitarian crisis in Gaza. https://www.youtube.com/watch?v=gSyFSJ4zHOE
2024-01-14 Multiple Stars Came Together To Support South Africa’s Genocide Charges Against Israel Over two dozen actors have participated in a video series released by the Palestine Festival of Literature, expressing support for South Africa’s accusation against Israel for genocide during its conflict with Hamas in Gaza. https://www.youtube.com/watch?v=tXFbFpA2vPE
2024-01-14 Briahna Joy Gray: New HORRIFYING Video Details Israeli GENOCIDE Briahna Joy Gray delivers a radar on Israel being accused of genocide by South Africa. Originally aired Jan 11, 2024; • Israel ON TRIAL: DAMNING TIKTOK VIDEO… #Israel #palestine https://www.youtube.com/watch?v=Mh2g8Vp1AX8
2024-01-13 ‘If Israel had genocidal intent…’: Israeli advocate at ICJ hearing provides proof against Hamas Israeli Attorney Galit Raguan told the International Court of Justice on Friday that in its presentation, South Africa barely mentioned Hamas outside of its initial attack on Israel on Oct. 7, which started the ongoing hostilities. She said South Africa has also ignored Israel’s attempts to mitigate civilian harm in its ground offensive in Gaza by warning of attacks in advance, working with hospitals to provide assistance and urging evacuations in advance of operations. She accused Hamas of using hospitals and other civilian facilities to launch military operations and shelter fighters, and suggested the militant group sought civilian casualties to help sway opinion against Israel. https://www.youtube.com/watch?v=b8GxiIThdGw
2024-01-12 South Africa says Israel “dismally failed” in its defense before the ICJ On the final day of the preliminary hearings in the Israel genocide case, Israel’s defense focused on the brutality of the Oct. 7 attacks. The president of the ICJ said it would rule on urgent measures “as soon as possible.” A ruling in the merit of the case could take years. https://www.youtube.com/watch?v=JB7pkngueww
2024-01-12 Israel Claims South Africa’s Accusation Of Genocidal Intent Not Admissible South Africa’s case was criticized for using quotes from Israeli officials who are no longer in power. John Iadarola, Trae Crowder and Francesca Fiorentini discuss on The Young Turks. https://www.youtube.com/watch?v=zZmdFL5Zcms
2024-01-12 “Gaslighting & Cherry-Picking”: How Israel Is Defending Itself at World Court on Charges of Genocide The second day of South Africa’s case against Israel at the International Court of Justice at The Hague saw Israel take the stand, defending against accusations that its government is committing genocide against Palestinians in Gaza. South Africa is demanding an emergency suspension of Israel’s aerial and ground assault on Gaza in front of the United Nations’ highest court. From The Hague, we hear from Diala Shamas, a senior staff attorney at the Center for Constitutional Rights, the organization that sued President Biden in November, accusing him of failing to prevent genocide in Gaza. Shamas recaps the two days of hearings and discusses other avenues for holding Israel accountable. “Whether it’s at the ICJ or whether it’s in federal court in the United States, we’re really looking to government to do everything that they can to uphold their duty to prevent an unfolding genocide,” says Shamas. Democracy Now! is an independent global news hour https://www.youtube.com/watch?v=B9KXfUhZKKI
2024-01-12 Israel Tries To REFUTE Allegations Of Genocide In Front Of UN Court Israel argued to the International Court of Justice that its actions in the Gaza Strip are not genocidal. John Iadarola, Trae Crowder and Francesca Fiorentini discuss on The Young Turks. https://www.youtube.com/watch?v=UAqMHUyxHAg
2024-01-12 Krystal BREAKS DOWN Israel’s Genocide Defense Krystal breaks down Israel’s defense against genocide at the international court of justice. https://www.youtube.com/watch?v=RTe8GtJOd50
2024-01-12 Israel’s Oral Argument: South Africa v. Israel at UN Int’l Court of Justice Public Hearings The International Court of Justice (ICJ), the principal judicial organ of the United Nations, held public hearings on the request for the indication of provisional measures submitted by South Africa in the case South Africa v. Israel on 11 and 12 January 2024, at the Peace Palace in The Hague, the seat of the Court. Session held under the presidency of Judge Joan E. Donoghue, President of the Court.
On the second and final day of preliminary hearings at the International Court of Justice (ICJ), Israel’s legal team insisted that the Court “lacks prima facie jurisdiction” in the matter, and the subject of the proceedings “do not fall within the remit of the Genocide Convention.”
Addressing the Court in The Hague today (12 Jan) Israel’s Deputy Attorney-General for International Relations, Gilad Noam, said South Africa “has not shown any dispute between itself and the respondent at the time the application was submitted. Indeed, it tried to mislead the court into believing that one had existed.”
Noting that Israel’s twin military objectives were to eradicate the existential threat posed by Hamas militants and to free some 136 hostages still held in the war-shattered enclave, Noam said, “the simple reality is that the events which are the subject of these proceedings are occurring in the framework of a war instigated by Hamas.” He told judges in The Hague that “the standard of irreparable harm and urgency is not met either,” as Israel “is constantly taking concrete steps, together with others, to address the humanitarian situation in Gaza.”
Finally, he said, provisional measures sought by South Africa “are unwarranted and prejudicial,” as they portray “an image of Israel as a lawless state that regards itself as beyond and above the law.” Noam said, “the applicant paints an image of Israel as a state in which the entire public service, military and society have, in concert, discarded Israel’s long-standing commitment to law and morality and become singularly consumed with destroying an entire population. That is patently false.”
When a State is attacked, it has the right to defend itself and its citizens, Israel’s legal team insisted, before underscoring the deep trauma resulting from the 7 October terror attacks by Hamas and other Palestinian militants who rampaged across southern Israel, slaughtering some 1,200 people and taking around 250 captive. Noam said, “the conflict with Hamas poses serious operational and legal challenges in conducting close-quarter urban combat, while mitigating harm to the surroundings; in seeking to put a stop to Hamas military use of hospitals while minimising disruption of medical services; in helping civilians leave areas of the most intense fighting, while Hamas forces them to stay in the line of fire; in facilitating the provision of aid, when that aid is constantly stolen by Hamas to sustain its military efforts; in balancing humanitarian considerations with the need to act forcefully against an adversary that still fire rockets deep into our country and holds our citizens hostage.”
He said, “the rule of law remains a foundational pillar of the State of Israel. The applicant defames not only Israel’s leadership but also Israeli society, misrepresented in a selective assortment of statements to suggest genocidal intentions and the abdication of core moral values.”
Provisional measures, Noam insisted, “would lead to a perverse situation. It would effectively allow Hamas to continue attacking the citizens of Israel, to hold 136 hostages in unbearable conditions, to keep tens of thousands of displaced Israelis from returning to their homes, and essentially to promote its plan to massacre as many Israelis and Jews as it can.”
As part of its claim against Israel, South Africa alleges that 6,000 bombs hit Gaza in the first week of the Israeli response to the Hamas-led attacks. This included, South Africa alleges, the use of 2,000-pound bombs at least 200 times in southern areas of the Strip that were designated as safe, and in the north, where refugee camps were located.
Now that initial representations from both South Africa and Israel have concluded at the ICJ, one of the justices’ first tasks is to assess whether there are sufficient grounds to approve the South African application for provisional measures against Israel, to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention”. https://www.youtube.com/watch?v=imn9daDE2dQ
2024-01-12 IN FULL: ICJ lawyer Adila Hassim: “The level of killing is so extensive…” Watch counsel and advocate for South Africa Adila Hassim SC’s presentation to the International Court of Justice during this morning’s ICJ public hearing at The Hague. https://www.youtube.com/watch?v=sKYOwlmuFLg
2024-01-11 Irish lawyer’s stunning speech at The Hague accusing Israel of genocide in Gaza Blinne Ní Ghrálaigh stood in front of the International Court of Justice as part of South Africa’s legal team taking action against Israel for it’s conduct against Gaza. At The Hague yesterday, Blinne Ní Ghrálaigh KC delivered an unbelievably powerful – condemning the Israeli state for the utter horror it has unleashed against Gaza. Here it is in full – everyone needs to see it. https://www.youtube.com/watch?v=yhsWyBWGoCU, https://www.youtube.com/watch?v=ZS6IYp0BErg
2024-01-11 South African lawyer’s incredible speech accusing Israel of genocide at ICJ Tembeka Ngcukaitobi was giving evidence at the Hague against Israel’s continued bombardment of Gaza in the case taken out by South Africa against Israel at the International Court of Justice. https://www.youtube.com/watch?v=5ufbfFTi38A
2024-01-10 Gaza Genocide Case Against Israel: The Key Legal Questions Facing the International Court of Justice Under international law, in order to prove genocide is being committed, it is necessary to show both a physical and a mental element: one or more acts have to be done with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
The acts that can fulfill the physical element include killing members of the group, causing serious bodily harm or mental harm to members of the group, and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. As there is no doubt that Israel has killed many Palestinians in Gaza, and caused bodily harm to many others, the issue on which South Africa’s claims before the International Court of Justice that Israel commits genocide against Palestinians in Gaza will rise or fall is the question of intent. Israel will argue that it is acting in self-defense and its targets are Hamas members, not Palestinians as such. It is expected to argue that when Palestinian civilians are killed or harmed, that is unfortunate collateral damage, but that it never targets them as such.
So while there is no doubt that Palestinians in Gaza are now subject to horrible conditions of life, South Africa will have to prove these conditions were calculated to bring about the destruction of at least part of the group.
To do so, it will point to statements made by Israeli officials, such as Prime Minister Benjamin Netanyahu’s reference to the Israelites’ biblical enemy Amalek, or Defense Minister Yoav Gallant’s statement on “fighting human animals” and his declaration that there will be “no electricity, no food, no water, no fuel.” It will use these statements – and the big numbers of Palestinian civilian casualties, including so many children, and the destruction of so many civilian homes – to argue that Israel is targeting Palestinians in Gaza as such.
It will point, as it did in its submission, to videos of Israeli soldiers chanting “We know our slogan: there are no ‘uninvolved civilians'” and “to wipe out the seed of Amalek,” to make the claim that these statements have consequences on the ground. It will argue that Israel conflates Hamas and all Palestinians in Gaza, and maybe will point to the fact that even U.S. President Joe Biden talked of “indiscriminate bombing.” But Israel will presumably argue Netanyahu and Gallant’s words are meant against Hamas members, not against Palestinians in Gaza as such.
For the purpose of making the judgment of whether to accept South Africa’s narrative about Israel’s attacks as having this specific intent, or whether to accept Israel’s position, the International Court of Justice will have to look at evidence in a process that may take a number of years. Given the discrepancy between social perception of genocide and its restricted legal meaning, some advocates of the case against Israel may be disappointed.
In the Gaza case, the claim made by South Africa is against Israel’s alleged commission of genocide – not against its military actions per se. Accordingly, while South Africa asked that Israel suspend its military operations, the world court may decide to stop short of that and only order measures to prevent acts that specifically fall under the Genocide Convention, as it did in the Myanmar case – including ordering to prevent and punish incitement to genocide. Of course, even if it stops short of ordering Israel to suspend its military operations, it will be significant if the world court will order it to take measures to stop killing Palestinians in Gaza, not to cause serious bodily or mental harm, to allow humanitarian access and not to deliberately inflict conditions of life calculated to bring about their physical destruction.
https://www.haaretz.com/israel-news/2024-01-10/ty-article/.premium/gaza-genocide-case-against-israel-the-questions-the-international-court-of-justice-faces/0000018c-f3b7-d6ce-abcc-fbbfe7680000, https://progressiveissuesblog.com/2024/01/10/gaza-genocide-case-against-israel-the-key-legal-questions-facing-the-international-court-of-justice/
2024-01-08 Palestinian Icon Destroys Western Complicity – w/ Hanan Ashrawi Hanan Ashwari is one of the most recognizable faces associated with the Palestinian cause. The official spokesperson of the Palestinian delegation at the Madrid Peace Conference of 1991, she served as a minister in the Palestinian Authority as a member of the Palestinian Liberation Organization’s Executive Committee. Here, we discuss genocide, the West’s complicity, the historical context which must be remembered – and what happens next. https://www.youtube.com/watch?v=qvQHNhoyRp8
2024-01-06 Krystal BREAKS DOWN: Israel Genocide Charge Krystal breaks down the latest ICJ genocide charges against Israel. https://www.youtube.com/watch?v=ZRKIYqjbpVY
2024-01-02 President Of THIS Country Says Israel Is Committing Genocide South Africa’s President Cyril Ramaphosa compared Israel’s brutality of Palestinians to apartheid. Cenk Uygur and Ana Kasparian discuss on The Young Turks. “South Africa accused Israel of genocide on Friday in the International Court of Justice and asked the U.N. court to order a halt to fighting in the embattled Gaza Strip, saying that Israel was trying to “destroy Palestinians in Gaza.” Israel’s Foreign Ministry dismissed the claim as “lacking a factual and a legal basis” and described the filing as a “despicable and contemptuous exploitation of the Court.” Israel has often said it is at war with Hamas, not the civilians of Gaza.” https://www.youtube.com/watch?v=BFDK8-3phM0
2023-12-13 World’s leading legal EXPERT on GENOCIDE gives his opinion on ISRAEL’S WAR in GAZA William A. Schabas is a Professor of International Law at Middlesex University, London. He is also a Professor Emeritus at Leiden University and the University of Galway, and an invited visiting scholar at the Paris School of International Affairs, Sciences Po. Recognized as a leading expert on international human rights law, international criminal law, genocide and capital punishment, he is the author of more than 20 books and 400 journal articles on these issues. He is also Editor Emeritus of Criminal Law Forum, the quarterly journal of the International Society for the Reform of Criminal Law.
Professor Schabas was a member of the Sierra Leone Truth and Reconciliation Commission. He also worked as a consultant on capital punishment for the UN Office of Drugs and Crime and drafted the 2010, 2015 and 202 reports of the UN Secretary-General on the status of the death penalty https://www.youtube.com/watch?v=380yhSE8ThM
2023-11-17 Canadian lawyers warn Justin Trudeau they will seek genocide prosecution On Thursday, Canadian lawyers served a notice of intent to seek prosecution of Canadian officials complicit in Israel’s war crimes in Gaza. Canada’s arms exports to Israel have risen in recent years. The notice follows the filing of a federal lawsuit in the US, earlier this week, against President Joe Biden and his secretaries of state and defense to stop them from further aiding and abetting Israel’s genocide in Gaza.
The lawyers, who are part of the legal working group of the International Centre of Justice for Palestinians, warn that the Canadian government – including Prime Minister Justin Trudeau and Minister of Foreign Affairs Melanie Joly – are risking complicity in war crimes and crimes against humanity. “It is a crime to supply arms to a state with knowledge that they will be used for war crimes and genocide,” the notice explains. “The Government of Canada should also be aware that international criminal tribunals have previously examined the responsibility of those who have substantially contributed to a crime by providing encouragement and moral support to the perpetrators where the perpetrators are aware of this support,” it adds. https://electronicintifada.net/blogs/nora-barrows-friedman/canadian-lawyers-warn-justin-trudeau-they-will-seek-genocide-prosecution
The complaint was filed in a federal court on Monday by the Center for Constitutional Rights, a New York-based civil liberties group, on behalf of the Palestinian human rights groups Defense for Children International-Palestine and Al-Haq and several Palestinians who are inside Gaza or are US citizens with family there.
Among the plaintiffs is The Electronic Intifada contributor Ahmed Abu Artema, one of the founders of Gaza’s Great March of Return protests, whose nearly 13-year-old son Abdullah was killed in an Israeli airstrike on 24 October. “All have had multiple family members killed, subjected to the closure of Gaza, and displaced,” according to the Center for Constitutional Rights.
During a press briefing on Tuesday, Katherine Gallagher, an attorney with the civil liberties group, said that the lawsuit brings forward two claims: “a claim of their failure in the duty to prevent genocide, and complicity in genocide.” The crime of genocide “means to destroy, in whole or in part, a group because of its identity,” Gallagher said. “In this case, we are setting forth the case of genocide against the Palestinian population in Gaza.” The complaint lays out “the very clear, specific intent announced and admitted by Israeli officials to destroy in whole or in part the Palestinian population in Gaza,” she added.
“It is very rare in cases of genocide that at the front end of an unfolding genocide, we have such clear evidence of specific intent,” Gallagher said. “And that is part of why the duty to prevent is something that is so important to enforce in this case. We should not have to wait until the death counts rise” and people start dying from starvation, dehydration and lack of medical care “before people act.”
The 1948 Genocide Convention – to which the US, Israel and Palestine have all acceded – puts an affirmative duty on states with influence to “take all measures that they can from the moment they know that there is a serious risk of genocide” to prevent it,” Gallagher added. https://electronicintifada.net/blogs/maureen-clare-murphy/palestinians-sue-biden-stop-gaza-genocide
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