Tuesday, January 21, 2025

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“They call it ‘genocide’ – but don’t invoke the Genocide Convention”

The situation in Gaza

World leaders denounce Israel's actions as genocide, but no invocation of the Genocide Convention is seen, writes independent journalist Sam Husseini.

Published 14 December 2023
Sam Husseini. Palestinian children walking among ruins in the Gaza Strip.
This is an opinion piece. The author is responsible for the views expressed in the article.

Many say seemingly brave things. But do they do what’s needed to change a situation? It’s not too hard to denounce a party, wash your hands of a horrific situation. It’s harder to do something which might actually stop them from committing their criminal activity.

Many nations have denounced the Israeli as well as US governments. They deserve that and then some. Some have even called it “genocide” – but not one government has invoked the Genocide Convention against Israel. (By contrast, several nations just recently invoked it against Myanmar. Some of these countries have petitioned the ICC, but that body has a long record of not administering justice, particularly to Palestinians.)

Many say seemingly brave things. But do they do what’s needed to change a situation?

Head of the Palestinian Authority Mahmoud Abbas recently said: “This US policy makes it complicit in the crimes of genocide, ethnic cleansing, and war crimes committed by the Israeli occupation forces against Palestinians in Gaza, the West Bank, and Jerusalem.”

Brazil’s President Luiz Inácio Lula da Silva recently told Al Jazeera: “What we see is genocide going on, killing thousands and thousands of children that have nothing to do with that, women that have nothing to do with that.”

South Africa’s President Cyril Ramaphosa said: “The collective punishment of Palestinian civilians through the unlawful use of force by Israel is a war crime. The deliberate denial of medicine, fuel, food and water to the residents of Gaza is tantamount to genocide” See video. International Relations Minister, Naledi Pandor has referred to “atrocities and genocide of the Israeli government”. She has also stated: “South Africa cannot watch another genocide unfold” See video. [See piece by Patrick Bond on the influence of the Israel lobby in South Africa.]

Colombia’s President Gustavo Petro stated: “It’s called Genocide, they do it to remove the Palestinian people from Gaza and take it over. The head of the state who carries out this genocide is a criminal against humanity. Their allies cannot talk about democracy.” He has referred to the “genocide and barbaric acts against the Palestinian people.”

Venezuela’s President, Nicolas Maduro said: “We must demand, with one voice, an end to the genocide against the Palestinian people.” He reportedly also said: “Enough of the Nazi-Zionist genocide against the children of Palestine!”

“Enough of the Nazi-Zionist genocide against the children of Palestine!”

Algeria’s President Abdelmadjid Tebboune said: “Where is humanity? And where is the global conscience that has become absent regarding the genocide being committed?”’

Türkiye’s President Tayyip Erdogan called on Israel to “immediately end its operations amounting to genocide.”

Bolivia’s President Luis Arce called Israel’s actions “war crimes” and urged the United Nations Security Council to “prevent the genocide of the Palestinian people.”

Djibouti’s President Ismail Omar Guelleh said (according to a news report that didn’t use quotes): Palestinian people are being subjected to genocide and ethnic cleansing.

Brazil’s President Luiz Inácio Lula da Silva in an interview on the Israel-Palestine war. Photo: Aljazeera

Jordan’s Foreign Minister Ayman Safadi said Israel’s actions were “within the legal definition of genocide.”

Pakistan’s UN Ambassador Munir Akram said: ”We cannot mince our words; we have to tell the Israelis: stop the genocide.”

Iran’s President Ebrahim Raisi told Russian President Putin: “What is happening in Palestine and Gaza is, of course, genocide and a crime against humanity.”

Qatar’s Emir Sheikh Tamim bin Hamad Al-Thani denounced as “shameful” international inaction over Israel’s “genocide” in Gaza as he opened a Gulf Cooperation Council meeting in Doha. He was quoted by Al Jazeera: “It is a disgrace on the international community to allow this heinous crime to continue for more than two months – where the systematic and purposeful killing of innocent civilians continues, including women and children.” (As I have noted, Al Jazeera English, which is funded by Qatar, has, to my knowledge not reported to their viewers than any country can invoke the Genocide Convention.)

Oman’s Foreign Minister Sayyid Badr Albusaidi said: “Oman regards this act as a continuation of war crimes and genocide and a clear breach of international laws and conventions established to protect people during conflicts.”

Prof. Francis Boyle from the University of Illinois notes: “Article 1 of the Genocide Convention requires all contracting parties to ‘prevent’ genocide.”

Boyle represented Bosnia before the ICJ and that court ruled:

In fact, a State’s obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed. From that moment onwards, if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent (dolus specialis), it is under a duty to make such use of these means as the circumstances permit.

“Article 1 of the Genocide Convention requires all contracting parties to ‘prevent’ genocide.”

The Convention on the Prevention and Punishment of the Crime of Genocide, adopted 75 years ago, states in its opening paragraph: “The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.” The “Contracting Parties” should live up to said contract.

Specifically Article 9 states: “Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or any of the other acts enumerated in Article 3, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.” Again, the “Contracting Parties” should live up to said contract.

Other countries have stopped short of calling it genocide, but their words clearly indicate that they understand the threat of genocide is there. Irish President Michael D. Higgins on Israel said: “To announce in advance that you will break international law and to do so to an innocent population reduces all the code that was there from the Second World War on the protection of civilians, and it reduces it to tatters.” President of Sinn Féin Mary Lou McDonald made a fiery speech which got a lot of traction online, but ultimately it was just a call for Ireland going to the ICC, which, has been a dead end and has already been done by several other states over the last two months.

Meanwhile, calls by Irish Nobel Peace Laureate Mairead Maguire and others for the Irish government to invoke the Genocide Convention have gone unheeded.

Other countries, including Chile, Indonesia, Bangladesh, Comoros, Belize, Chad, Honduras, Bahrain, Cuba, Belgium and Spain have been critical of Israel, often accusing it of war crimes in ways that show that they too explicitly understand the need to prevent a genocide. Indeed, the recent UN resolution for a ceasefire had about 100 co-sponsors. But none of them have invoked the Genocide Convention either.

Particularly interesting is this piece on Malaysia “Malaysia unlikely to invoke Genocide Convention, says expert.”

 

Sam Husseini

 


This article was originally published on Sam Husseini’s Substack

About the author

Sam Husseini is a Jordanian-Palestinian journalist and political activist. Currently serving as the communications director of the Institute for Public Accuracy in Washington DC, he has a background in promoting progressive experts in mainstream media. His career includes work with the American-Arab Anti-Discrimination Committee and Fairness and Accuracy in Reporting.

A US citizen since 1984 and a Carnegie Mellon University graduate, he has contributed to various publications including CounterPunch, The Nation, and The Washington Post. Known for his forthright style, he has been involved in notable incidents like questioning the Saudi ambassador at the National Press Club and being removed from a Russia–United States summit press conference.

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Qatar confirms ceasefire in Gaza starting Sunday

The situation in Gaza

Published 16 January 2025
– By Editorial Staff
UN Secretary-General Antonio Guterres called the agreement “an important first step” and urged the parties to stick to their commitments.

Israel and Hamas have reached a ceasefire agreement that will take effect on Sunday, January 19. Qatar, which mediated the negotiations, confirmed the news during a press conference on Wednesday evening.

The truce includes the release of hostages, humanitarian aid to Gaza, and the hope that the fighting will eventually stop completely.

Qatar’s Prime Minister, Mohammed bin Abdulrahman bin Al-Thani, announced on Wednesday that the ceasefire will have an initial duration of six weeks, according to Swedish TV4.

The Prime Minister expressed hope that the truce will lead to a permanent solution.

– Hopefully, these are the last negotiations leading to a permanent ceasefire.

Under the three-stage agreement, Hamas will, in phase one, release 33 Israeli hostages (out of a total of 98) in exchange for Israel releasing a number of Palestinian prisoners. The parties have also agreed to allow daily shipments of up to 600 trucks of humanitarian aid to the Gaza Strip, the Associated Press reports.

The “Trump effect” may have played a role

Political analysts and experts believe that US President-elect Donald Trump may have had an indirect impact on the agreement.

Isabell Schierenbeck, a political scientist at the University of Gothenburg, says: “Trump’s upcoming inauguration has probably acted as a catalyst for the parties to reach a ceasefire. There is a clear political signal that it may be more difficult to negotiate in the future”, she says in a comment to Stampen-owned Göteborgs-Posten.

Trump himself has taken credit for the agreement, expressing this on his social platform Truth Social.

– This epic ceasefire agreement could have only happened as a result of our historic victory in November, he wrote.

Israeli Prime Minister Benjamin Netanyahu reportedly thanked Donald Trump in a phone call for his role in making the truce possible.

Some hope but also uncertainty

The ceasefire is welcomed by many international actors as an important step towards reducing tensions and delivering much-needed humanitarian aid to the people of Gaza, with UN Secretary-General António Guterres, among others, expressing his support for the agreement and stressing the importance of getting aid to those in need.

Despite this, there is still uncertainty about how sustainable the agreement will be. Previous ceasefires have been broken by both sides, and the conflict between Israel and Hamas remains deeply rooted.

According to local reports, both sides plan to use the ceasefire to redeploy their forces, raising fears that fighting could resume with renewed intensity after the agreement ends.

Swedish foreign minister: “Greatly welcomed”

Several countries, including Sweden, have welcomed the agreement. The Swedish Minister for Foreign Affairs, Maria Malmer Stenergard (M), expresses cautious hope.

– The news of a ceasefire in Gaza is greatly welcomed. At last, several hostages can be reunited with their families. My thoughts are with the families of those who have not returned alive. It is now absolutely essential that the ceasefire eases the immense suffering of Gaza’s civilian population and increases access to humanitarian aid, writes the Foreign Minister in a comment to TV4.

Draft ceasefire agreement between Israel and Hamas (according to Associated Press).

PHASE 1: (42 days)

  • Hamas releases 33 hostages, including female civilians and soldiers, children and civilians over 50.
  • Israel releases 30 Palestinian prisoners for every civilian hostage and 50 for every female soldier.
  • Fighting stops, Israeli forces move out of populated areas to the outskirts of the Gaza Strip.
  • Displaced Palestinians start returning home, more aid enters the Strip.

PHASE 2: (42 days)

  • Declaration of “sustainable calm”.
  • Hamas releases remaining male hostages (soldiers and civilians) in exchange for a yet to be negotiated number of Palestinian prisoners and a complete withdrawal of Israeli troops from the Gaza Strip.

PHASE 3:

  • Bodies of deceased Israeli hostages are exchanged for bodies of deceased Palestinian soldiers.
  • Implementation of a reconstruction plan in Gaza.
  • Border crossings into and out of Gaza are reopened.

Israel continues bombing “humanitarian zone” – hundreds killed

The situation in Gaza

Published 16 January 2025
– By Editorial Staff
The "humanitarian zones" in Gaza are also frequently targeted by Israeli bombings.

Despite calls for Gaza’s civilian population to seek shelter in so-called humanitarian zones, these continue to be attacked by Israeli warplanes.

Since May last year, at least 97 airstrikes have been carried out against areas set up to protect Palestinian civilians, killing at least 550 people.

– We have said it so so many times. There is no safe zone in Gaza. No place is safe. No-one is safe. No place is spared, explains Juliette Touma, from the UN refugee agency UNRWA.

The BBC analyzed the Israeli attacks and found that the humanitarian zone, which includes the towns of Khan Younis and Deir al-Balah, has been heavily shelled. More than a million people live here many in makeshift tent camps with limited access to food, water and medical care.

The IDF established the zone in October 2023 with the promise to keep civilians out of danger. But according to the UN and humanitarian organizations, the reality is different.

According to the BBC, more than 550 people have been killed in the 97 attacks documented in the zone although Israel itself has only admitted responsibility for a minority of these. The analysis also shows that attacks have taken place near hospitals and residential complexes.

– We were displaced to Khan Younis because it was designated as a safe zone, but in fact we find nothing here but insecurity. We have been denied the true sense of security, with fear dominating our lives, says Khaled, who was urged by the IDF to move to the area.

Journalists are killed

The Israeli army itself routinely claims that it is only attacking Hamas and that the terrorist group is using the civilian population as human shields and using the humanitarian zone to attack Israeli targets with rockets.

Assessors, however, dismiss these explanations, saying that Israel uses the zone’s “humanitarian” status as a front, and that it is subject to frequent bombardments in the same way as the rest of Gaza.

The UN and human rights groups working in the area note that no “safe zones” exist in Gaza today. Gavin Kelleher of the Norwegian Refugee Council (NRC) stresses that even the areas where refugees have been ordered to seek refuge can be attacked by warships or drones at any time.

More journalists have been killed in Gaza than in any other war and the Israeli military has also been accused of deliberately killing journalists and photographers to prevent any war crimes from being documented.

At the same time, very few journalists are granted Israeli permission to enter Gaza at all, and because reporting on the ground is so limited, it is often very difficult to get a picture of the scale of Israeli attacks.

UN organization defies Israeli ban – stays in Gaza

The situation in Gaza

Published 16 January 2025
– By Editorial Staff
International staff will be forced to leave - but local aid workers will continue their work as far as possible.

UNRWA, the UN Relief and Works Agency for Palestine Refugees in the Near East, will continue its work in Gaza – despite Israel’s ban on the organization.

We will however stay and deliver, explains the organization’s director Philippe Lazzarini.

Last autumn, Netanyahu’s government decided to ban the UN organization from conducting any activities in Israel or occupied East Jerusalem. The Israeli government justified the decision with accusations that UNRWA was linked to Hamas and that UNRWA staff participated in the 7 October attacks accusations that the organization itself denies.

However, the Swiss Philippe Lazzarini, who currently heads the refugee agency, declares that it will not accept the ban, which comes into effect at the end of the month. On the contrary, UNRWA will continue its relief work in Gaza as far as practically possible.

UNRWA’s local staff will remain and continue to provide emergency assistance and, where possible, education and primary healthcare, he explained.

“Withdraw under protest”

Meanwhile, it is understood that Israel will refuse to issue visas to international UN staff, making it virtually impossible for them to enter Gaza.

– These staff will be compelled to withdraw under protest, it says.

Lazzarini further stresses that aid workers are already being threatened and harassed by Israeli authorities and that threats against UNRWA staff are expected to increase further in the future.

He warns that the complete disappearance of the refugee agency from the Palestinian territories will only add to the suffering and misery already endured by the civilian population.

Ajax vs Maccabi Tel Aviv: What really happened in Amsterdam?

The situation in Gaza

Published 2 December 2024
– By Ivana Bratovanova

Violence erupted in Amsterdam following the UEFA Europa League match between Ajax and Maccabi Tel Aviv on November 7, 2024. Tensions between rival football fans escalated into violent confrontations, leaving several injured and resulting in multiple arrests.

Moroccan-born State Secretary Nora Achahbar resigned in protest, criticizing the Dutch government’s handling of the events, which she claimed unfairly targeted immigrant communities.

On the night before the match, around 11 pm local time, four people were arrested after pro-Palestinian graffiti was sprayed at the Johan Cruyff Arena, where the game was scheduled to take place.

Later that night, a group of Maccabi fans reportedly tore down and burned a Palestinian flag from a building facade. Videos captured some supporters chanting slogans like “Ole” and “F— you Palestine”, while a taxi was vandalized. Following a call on social media, a group of Muslim taxi drivers reportedly headed to the Holland Casino, where approximately 400 Israeli supporters were gathered. Authorities quickly intervened, dispersing the group and escorting the supporters out of the casino.

Authorities reported “relatively small” confrontations continuing near the casino later that night.

We wil f— the Arabs”

The next day, at around 1 pm CET, Maccabi supporters gathered at Dam Square for a pro-Israel demonstration. Videos posted online captured some fans chanting anti-Arab slogans, such as “Death to the Arabs” and “Let the IDF win. We will f— the Arabs”. Another Palestinian flag was torn down during the demonstration, leading to two arrests.

A pro-Palestinian protest, initially planned outside the Johan Cruyff Arena during the match, was relocated by Amsterdam’s mayor, Femke Halsema, to a remote location. The decision, aimed at preventing further clashes, was met with criticism from activists.

Targeted attacks after the match

After Ajax’s 5-0 victory, messages appeared on social media “confirming that there are groups that are looking for a confrontation with Maccabi supporters”, according to Tuesday’s report. Officials cited screenshots from messaging apps that called for a “Jew hunt”. Groups of masked youths on scooters and e-bikes targeted Maccabi supporters, chasing and assaulting them in what authorities described as “hit-and-run” attacks. At least five people were hospitalized, and 20 to 30 others sustained minor injuries.

Videos circulated showing people being kicked and beaten in the streets. In one clip, a man was heard shouting at a victim lying on the ground, “This is for the children! For the children, motherf—-r. Free Palestine now”. Another video showed men, some wearing Maccabi fan colors, picking up pipes and boards from a construction site before chasing and assaulting a man.

Later that night the Israeli ambassador contacted the mayor saying there was “lots of anger” in Israel over the events in Amsterdam. More footage in social media showed some Maccabi fans at the Tel Aviv Ben Gurion International Airport singing “Why is school out in Gaza? There are no children left there”.

Police shoving pro-Palestinian supporters

Dutch police arrested 62 people, including Dutch and Israeli citizens. Four Dutch men remain in custody for further investigation. Authorities also launched a probe using CCTV and social media footage to identify perpetrators.

Two days later, on November 10, police detained 50 people at a pro-Palestinian rally for ignoring a protest ban. Another 340 individuals were transported by bus to the outskirts of the city. Critics accused the police of using excessive force, particularly against peaceful protesters.

Giordano Gronchi, a witness to these events, shares his experience with The Nordic Times:

I was present to take footage rather than protest outright, but things turned ugly quickly. Police began harassing protestors—pushing, shoving, and slamming into them. Protestors formed groups, but the police encircled them, tightening their rings with vans. They pulled people out, subdued them, and arrested many.

At one point, I moved to a group near Damrak street, where protestors were chanting and playing drums, entirely non-violent. Police in riot gear funneled them into Nieuwendijk street, announcing the protest was illegal. The street became a blockade, with riot officers sealing both ends. Customers from nearby stores were also trapped in the cramped space.

I was behind the police line filming when an officer shoved me into Nieuwendijk. I explained I wasn’t protesting, but I wasn’t listened to. Inside, I was told everyone in the blockade was under arrest. After showing my ID, I was let out. Later, I heard the police began beating people and arrested most protesters.

Investigations to focus on “antisemitic motives”

Rioters set fire to an empty tram and damaged several cars. A police car was also set alight. Videos posted on social media showed the attackers shouting “Free Palestine” and throwing fireworks and other objects at the tram. Dutch authorities made five more arrests.

Israeli Prime Minister Benjamin Netanyahu described the attacks on Maccabi supporters as a “planned antisemitic attack” and compared them to the 1938 Kristallnacht pogrom. Dutch King Willem-Alexander expressed concern about the violence, citing the Netherlands’ history of failing to protect its Jewish community during the Holocaust.

Following the events, Moroccan-born State Secretary Nora Achahbar resigned from the Dutch government in protest against what she described as racist remarks made by her colleagues. Achahbar’s resignation followed a cabinet meeting on November 11, where she openly criticized the language used by members of Prime Minister Dick Schoof’s administration to describe the violence in Amsterdam.

Achahbar expressed dissatisfaction with the government’s narrative, which she felt unfairly targeted immigrant communities, particularly Dutch-Moroccans, while ignoring provocations from Maccabi supporters. Opposition leaders have since voiced support for Achahbar, condemning the government’s handling of the situation and calling for greater accountability and transparency.

Investigations to determine the perpetrators are still underway. Authorities are focusing on identifying the perpetrators through CCTV and social media analysis. The public prosecutor has stated that the investigation will prioritize antisemitic motives behind the attacks. Additionally, a partial state of emergency was declared, allowing police to conduct random stop-and-search operations to prevent further violence.