Sometime between 1- 2 April 2024 the State of Israel stepped off the cliff and became a pariah state

 

Sometime between 1 & 2 April 2024 the State of Israel under the direction of the Likud Government did what it had done many times since 7 October 2023, it killed humanitarian aid workers during its war on the Palestinian population within the Gaza Strip.

This time it was six international aid workers with the food aid charity World Central Kitchen and their Palestinian translator. One of those killed was a Melbourne-born Australian citizen, Ms. Lalzawmi "Zomi" Frankcom. Sadly they joined the 176 United Nations aid workers killed since 7 October 2024.

After six months the Palestinian death toll stands at 33,091 civilians killed in ongoing Israeli Defence Force (IDF) attacks - including 13,000 children. With the UN Committee on the Rights of the Child confirming in March 2024 that 27 children have died of preventable starvation - though this number is thought to be a gross underestimation. There is no count possible of the men, women & children missing presumed dead under the rubble in this violent chaos.

This time the world surprised the Likud Government and its IDF - it did not bow down to an international bully and it no longer accepted that what has been occurring in occupied Gaza is a legitimate response by the Likud Government to the death of 1,200 Israelis in a terrorist incursion into Israel on 7 October 2023. 

So on 3 April in a public video statement the unrepentant Israeli Prime Minister Benjamin Netanyahu responded to this rising outrage: "Unfortunately in the past day there was a tragic event in which our forces unintentionally harmed non-combatants in the Gaza Strip". However, he could not stop himself from further stating "This happens in wartime. We are thoroughly looking into it..."

Around forty-eight hours later on 5 April this statement was released:

April 5, 2024

Conclusion of the investigation of the General Staff Fact-Finding and Assessment Mechanism into the incident in which seven employees of the World Central Kitchen were killed during a humanitarian operation in the Gaza Strip

The investigation of the grave incident in which seven workers of the World Central Kitchen (WCK) were killed in the Gaza Strip as a result of IDF fire was carried out by the Joint Chiefs of Staff's Fact-Finding and Assessment Mechanism (FFAM), led by MG (res.) Yoav Har-Even, was presented yesterday (Thursday) to the IDF Chief of the General Staff, LTG Herzi Halevi.

After presenting the findings of the investigation to the Chief of the General Staff, MG (res.) Har-Even presented them to the WCK organization and reiterated the IDF’s deep sorrow about the incident. The findings were also presented in briefings to international ambassadors and journalists.

The event occurred on April 1, 2024, during an operation to transfer humanitarian aid from the WCK to the Gaza Strip. The investigation found that the forces identified a gunman on one of the aid trucks, following which they identified an additional gunman. After the vehicles left the warehouse where the aid had been unloaded, one of the commanders mistakenly assumed that the gunmen were located inside the accompanying vehicles and that these were Hamas terrorists. The forces did not identify the vehicles in question as being associated with WCK. Following a misidentification by the forces, the forces targeted the three WCK vehicles based on the misclassification of the event and misidentification of the vehicles as having Hamas operatives inside them, with the resulting strike leading to the deaths of seven innocent humanitarian aid workers. The strikes on the three vehicles were carried out in serious violation of the commands and IDF Standard Operating Procedures.

The investigation’s findings indicate that the incident should not have occurred. Those who approved the strike were convinced that they were targeting armed Hamas operatives and not WCK employees. The strike on the aid vehicles is a grave mistake stemming from a serious failure due to a mistaken identification, errors in decision-making, and an attack contrary to the Standard Operating Procedures.

After being presented with, and considering the investigation's findings, the IDF Chief of the General Staff decided that the following command measures will be taken: the brigade fire support commander, an officer with the rank of major, will be dismissed from his position. The brigade chief of staff, an officer with the rank of colonel in reserve, will be dismissed from his position. Additionally, the brigade commander and the 162nd Division commander will be formally reprimanded. The IDF Chief of Staff decided to formally reprimand the commander of the Southern Command for his overall responsibility for the incident.

The IDF takes seriously the grave incident that claimed the lives of seven innocent humanitarian aid workers. We express our deep sorrow for the loss and send our condolences to the families and the WCK organization. We consider the vital humanitarian activity of international aid organizations to be of utmost importance, and we will continue to work to coordinate and assist their activities, while ensuring their safety and safeguarding their lives.

The IDF once again emphasizes its commitment to fighting against the Hamas terrorist organization, while upholding the values of the IDF, the laws of war, and avoiding harming civilians. The IDF will learn the lessons of the incident and will incorporate them into the IDF's ongoing operations.

Again the world reacted in a way that the Likud Government had perhaps not anticipated. Many of its allies saw this statement as merely rapping the knuckles of the IDF soldiers involved and glibly moving on with its disproportionally destructive war aimed at ethnic cleansing in occupied Palestinian territory. 

On the same day the UN Human Rights Council issued this press release:

Human Rights Council Adopts Five Resolutions, including a Text Calling foran Immediate Ceasefire in Gaza, Urging States to Prevent theContinued Forcible Transfer of Palestinians Within or From Gaza, andCalling on States to Cease the Sale or Transfer of Arms to Israel

05 April 2024

The Human Rights Council this morning adopted five resolutions, including a text in which it demanded that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment, calling for an immediate ceasefire in Gaza. The Council called upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza, and to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel.

The five resolutions concerned the human rights situation in the occupied Palestinian territory, including East Jerusalem, realising the rights of the child and inclusive social protection, the right of the Palestinian people to self-determination, human rights in the occupied Syrian Golan, and Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan.

Concerning the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice, the Council adopted by a vote of 28 in favour, 6 against and 13 abstentions (as orally revised) a resolution in which it demanded that Israel, the occupying power, end its occupation of the Palestinian territory occupied since 1967, including East Jerusalem. The Council also demanded that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment, and called for an immediate ceasefire in Gaza. The Council called upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza. It called upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel and requested the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to report on both the direct and indirect transfer or sale of arms, munitions, parts, components and dual use items to Israel, the occupying power, and to present its report to the Council at its fifty-ninth session.  [my yellow highlighting]

The Council also requested the Office of the High Commissioner to deploy the additional necessary personnel, expertise and logistics to the occupied Palestinian territory country office to document and pursue accountability for violations of international human rights law and international humanitarian law committed in the occupied Palestinian territory, including East Jerusalem. The Council requested the High Commissioner for Human Rights to report on the implementation of the present resolution to the Council at its fifty-eighth session, to be followed by an interactive dialogue.

As for the rights of the child: realising the rights of the child and inclusive social protection, the Council requested the High Commissioner to prepare a report on child rights mainstreaming across the United Nations, including on the implementation of the Guidance Note of the Secretary-General, and to present the report to the Council at its fifty-ninth session. It also requested the High Commissioner to prepare a report on the rights of the child and violations of the human rights of children in armed conflict and to present the report to the Human Rights Council at its sixtieth session. It requested the Office of the High Commissioner to organise the annual full-day meeting on the rights of the child in 2026 on the theme of the rights of the child and violations of the human rights of children in armed conflicts.

On the right of the Palestinian people to self-determination, the Council adopted by a vote of 42 in favour, 2 against and 3 abstentions, a resolution in which it called upon Israel, the occupying power, to immediately end its occupation of the occupied Palestinian territory, including East Jerusalem, and to reverse and redress any impediments to the political independence, sovereignty and territorial integrity of Palestine, and reaffirmed its support for the solution of two States, Palestine and Israel, living side by side in peace and security. The Council urged all States to adopt measures as required to promote the realisation of the right to self-determination of the Palestinian people and decided to remain seized of the matter.

Regarding human rights in the occupied Syrian Golan, adopted by a vote of 29 in favour, 14 against and 4 abstentions, the Council demanded that Israel immediately cease all settlement-related plans and activities in the occupied Syrian Golan and determined that all legislative and administrative measures and actions taken or to be taken by Israel that seek to alter the character and legal status of the occupied Syrian Golan are null and void. It requested the Secretary-General to disseminate the resolution as widely as possible and to report on this matter to the Council at its fifty-eighth session.

As for Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan, the Council adopted by a vote of 36 in favour, 3 against and 8 abstentions (as orally revised) a resolution in which it called upon Israel to comply with all its obligations under international law and to cease immediately all actions causing the alteration of the character, status and demographic composition of the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan, and to end without delay its occupation of the territories occupied since 1967. The Council requested the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to prepare a report on the identities of settlers, as well as settler groups and their members, that have engaged in or continue to engage in acts of terror, violence or intimidation against Palestinian civilians and the actions taken by Israel and by third States, and to present the report to the Council at its fifty-ninth session.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-fifth regular session can be found here.....

Action on Resolution under Agenda Item Two on the Annual Report of the United Nations High Commissioner for Human Rights, and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/55/L.30) on the Human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice, adopted by a vote of 28 in favour, 6 against and 13 abstentions (as orally revised), the Council demands that Israel, the occupying power, end its occupation of the Palestinian territory occupied since 1967, including East Jerusalem; also demands that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment; calls for an immediate ceasefire in Gaza, for immediate emergency humanitarian access and assistance, and for the urgent restoration of basic necessities to the Palestinian population in Gaza; calls upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza; calls upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel; urges all States to continue to provide emergency assistance to the Palestinian people and calls upon all States to ensure that the United Nations Relief and Works Agency for Palestine Refugees in the Near East receives predictable sustained and sufficient funding to fulfil its mandate; invites the General Assembly to recommend that the Government of Switzerland promptly convene the Conference of High Contracting Parties to the Fourth Convention on measures to enforce the Convention in the occupied Palestinian territory, including East Jerusalem; requests the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to report on both the direct and indirect transfer or sale of arms, munitions, parts, components and dual use items to Israel, the occupying power, and to analyse the legal consequences of these transfers, and to present its report to the Council at its fifty-ninth session; requests the Secretary-General to ensure the availability of all additional resources, including through voluntary resources, necessary to enable the Commission of Inquiry to carry out its mandate; requests the Office of the High Commissioner to deploy the additional necessary personnel, expertise and logistics to the occupied Palestinian territory country office to document and pursue accountability for violations of international human rights law and international humanitarian law committed in the occupied Palestinian territory, including East Jerusalem; and requests the High Commissioner for Human Rights to report on the implementation of the present resolution to the Council at its fifty-eighth session, to be followed by an interactive dialogue; and decides to remain seized of the matter.

The results of the vote are as follows:

In favour (28): Algeria, Bangladesh, Belgium, Brazil, Burundi, Chile, China, Cote d’Ivoire, Cuba, Eritrea, Finland, Gambia, Ghana, Honduras, Indonesia, Kazakhstan, Kuwait, Kyrgyzstan, Luxembourg, Malaysia, Maldives, Morocco, Qatar, Somalia, South Africa, Sudan, United Arab Emirates, and Viet Nam.

Against (6): Argentina, Bulgaria, Germany, Malawi, Paraguay and United States.

Abstentions (13): Albania, Benin, Cameroon, Costa Rica, Dominican Republic, France, Georgia, India, Japan, Lithuania, Montenegro, Netherlands, and Romania.

In Australia these words were penned in a small daily newsletter and a pithy cartoon drawn......

The Echidna, newsletter, 5 April 2024:

Israel on the brink of becoming a pariah state

Thursday April 4, 2024

John Hanscombe

Shit happens, especially in war. At least that's what Benjamin Netanyahu tells us with brute insensitivity while admitting the IDF was responsible for the strike that killed seven aid workers, including Australian Zomi Frankcom, in Gaza.

Any comfort for the families of the slain that may have come from the admission of responsibility evaporated with the caveat the Israeli PM appended to his wafer thin expression of remorse. But we shouldn't be surprised, nor should we be shocked.

Netanyahu has been making poor excuses for the abominable conduct of the war in Gaza for months now. Every hospital or school obliterated, every air strike that takes the lives and futures of Palestinians dug out of the rubble of their crowded homes has been rationalised as the unfortunate but necessary mechanics of war.

Whatever high moral ground Israel had after the October 7 Hamas atrocities has been abandoned. After months systematically levelling Gaza, claiming more than 30,000 lives in the process and ignoring pleas from the global community to exercise restraint, the country now teeters on the brink of becoming another pariah state. Just like those it routinely condemns.

Many Israelis know this. They're out on the streets in their thousands demanding the resignation of Netanyahu because of his mishandling of the war. They know the chances of seeing hostages returned diminish every day the relentless bombing continues. Some no doubt wonder if Netanyahu ever really intended to have the hostages returned or whether in his ruthless calculus they were always collateral damage.

And Jewish people around the world are coming to the same realisation. The Jewish Council of Australia yesterday called on Australia to cut all military ties with Israel and impose sanctions while the Zionist Federation of Australia predictably sheeted blame for the Australian's death on Hamas.

Until now, I'd been loath to weigh into the Gaza conflict. Nothing I could do or so say would make any difference and there was the risk of a pile-on from one side or the other. But I'd encountered the good work of World Central Kitchen at another catastrophe on the other side of the world, which somehow made Zomi Frankcom's death seem personal.

Covering the aftermath of the Lismore floods, I'd come across WCK volunteers providing meals for the residents of that shattered town. This was no distant disaster response seen through the lens of the TV news. It was up close and very real. And the gratitude of the traumatised flood survivors who gathered to be fed was palpable. [My yellow highlighting]

They found not only physical sustenance but fellowship as well. Tears flowed in the troubled eyes of one fellow, who told me his soul was filled with mud, as he gave thanks to the people like the WCK crew who had helped him, not just with food but with kinds words and hope.

Now, the help that was given to Palestinians has been paused, not just by WCK but by other aid groups who fear for their workers' safety.

Yet again the innocent suffer. Yet again, shit happens.

Peter Broelman

A little bit about the second set of International Court of Justice hearings in 2024 concerning 'The Question of Palestine'

Because The Question of Palestine, the nature of political and diplomatic processes undertaken to resolve this 76 year-old question — in order that Palestine is recognised under international law as a sovereign state whose citizens enjoy the full range of humanitarian and political rights and protections — will in large measure define the status and gravitas accorded to the United Nations going forward by nation states as the world moves further into an epoch of climatic, geo-political and social disruption, it does no harm to be watchful as events unfold. 

Additionally, mainstream media coverage has been rather limited in Australia concerning legal deliberations relating to Palestine since the International Court of Justice Order of 26 January 2024 and the Australian Government has been noticeable by its silence on the most recent hearings.

So here is a basic record of what occurred after the United Nation General Assembly's 12 page Request for an Advisory Opinion pursuant to General Assembly resolution 77/247 of 30 December 2022, with regard to Legal Consequences Arising From The Policies And Practices Of Israel In The Occupied Palestinian Territory, Including East Jerusalem, began six days of public hearings on Monday 19 February 2024, at 10 a.m. at the Peace Palace, with President Salam presiding.

The Court was asked to render an opinion on the following basis:

“considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:

(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?” 

The public hearings......

DAY ONE

The State of #Palestine opens the public hearings in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, before the #ICJ

 https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_q64rcbqd/embed/dynamic

DAY TWO

The #Netherlands, #Bangladesh and #Belgium present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_4366a9cv/embed/dynamic

#Belize, #Bolivia #Brazil and #Chile present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_2ya4lbdu/embed/dynamic

 

DAY THREE

#Colombia, #Cuba, #Egypt, the #UAE and #USA present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_79dssjrs/embed/dynamic

 #Russia, #France, #TheGambia, #Guyana and #Hungary present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_ryz6ss88/embed/dynamic

DAY FOUR

#China, #Iran, #Iraq, #Ireland, #Japan and #Jordan present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_b46jqhoc/embed/dynamic

#Kuwait, #Lebanon, #Libya #Luxembourg, #Malaysia and #Mauritius present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_8wd5swem/embed/dynamic

 DAY FIVE

#Namibia, #Norway, #Oman, #Pakistan, #Indonesia and #Qatar present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_1m0ok1bf/embed/dynamic

#UnitedKingdom, #Slovenia, #Sudan, #Switzerland, #Syria and #Tunisia present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_vx79z7wp/embed/dynamic

DAY SIX

#Türkiye, #Zambia, #League of Arab States, #Organisation for Islamic Cooperation and #Africa Union present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_vew5z58l/embed/dynamic

NOTE: Verbatim records of all oral proceedings can be found at: https://www.icj-cij.org/case/186/oral-proceedings

~~~~~~~~~~~~~~~~~~~~~~

Earlier, on 16 February 2024 in the matter of the Republic of South Africa v The State of Israel the International Court of Justice issued this media release in response to the situation in Rafah in the far south of the Gaza Strip near the border with Egypt:

PRESS RELEASE: the #ICJ issues its decision on South Africa’s request for additional provisional measures in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (#SouthAfrica v. #Israel) https://t.co/dh9olqXtD9 pic.twitter.com/KLIMOD69uo

— CIJ_ICJ (@CIJ_ICJ) February 16, 2024

In the global response to the War on Gaza words matter.....

 

Likud Prime Minister Benjamin Netanyahu, posting in English via @netanyahu on 27 January 2024, a day after the International Court of Justice published its Order binding the State of Israel:

"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people.

Like every country, Israel has an inherent right to defend itself.

The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected.

The charge of genocide leveled [sic] against Israel is not only false, it’s outrageous, and decent people everywhere should reject it."

The disconnect between those words, along with other recent statements made by the Likud Party leader, and the words found in the International Court of Justice Order of 26 January 2024 are being noticed.

 

CDU EXPERT: The ICJ’s order rebuts denials and is binding with its “Israel must”

 

 

Charles Darwin university

 

 

Hard facts, semantically clear landmark verdict

31 JANUARY, 2024

Who: Charles Darwin University forensic linguistics expert Dr Awni Etaywe is a lecturer in linguistics and a forensic linguistics researcher focusing on terrorism, incitement to hatred, radicalisation and genocide, and digital deviance. He is a former United Nations Expert on Mission and Observer of human rights violations in the Democratic Republic of Congo, with training on the law of armed conflict and the protection of civilians and children.

Topics:

• Israel’s response to South Africa’s case and the International Court of Justice's order.

• The International Court of Justice rebuts Israel’s denials and claims, and decides it is a plausible case of genocide.

• The UCJ’s order is legally binding, and the Court sees that “Israel must” conform.

• Predictably, language is a main part of evidence to decode a genocidal intent and determine a plausible case of genocide.

• Violence in Gaza is a form of “genocidal moments” and placed within a broader settler-colonial context.

 

Quotes attributable to Dr Awni Etaywe:

“The Court issued its binding evidence-based order, using the 'Israel must' phrase where Israel not only 'must' 'take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations…' but also 'must submit a report to the Court on all measures taken to give effect to this Order within one month, as from the date of this Order. The report so provided shall then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon.'"

“The Court enacts tenor through high modality – 'must' – a linguistic means through which the Court expresses the highest level of intensity of obligation.”

“What are these must-take measures? The Court considers that:

• “Israel must […] take all measures within its power to prevent the commission of […]: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group.

• “…Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.”

• “…Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”

“As predicted, speech function and dehumanising language was under the microscope of the Court to establish evidence of encoded genocidal intent.

"Judge Nolte adds that '…certain statements by Israeli State officials, including members of its military, give rise to a real and imminent risk of irreparable prejudice to the rights of Palestinians under the Genocide Convention.' In response to this genocidal language, the Court orders Israel to do the following:

• “…Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.”

“Netanyahu politically (again, not legally) labelled the ‘crime of crimes’ charge as 'outrageous', while Yoav Gallant countered by characterising South Africa’s case as 'antisemitic'."

"In the face of political dynamics and the framework of international law, nations worldwide are confronted with a critical choice.”     

ENDS                                           

Note: 

Judge Georg Nolte is a German jurist, former Professor of Public and International Law, a former member of the International Law Commission and a current Member of the International Court of Justice since 2021.

International Court of Justice has decided there is a prima facie case against Israel and a full trial will take place, with a provisional order now in place requiring the State of Israel to ensure with immediate effect that its military does not commit any acts of genocide

 

On 29 December 2023 the Republic of South Africa made an application to the International Court of Justice instituting proceedings in accordance with Articles 36 (1) and 40 of the Statute of the Court and Article 38 of the Rules of Court against the State of Israel. The Application included a request that the Court indicate provisional measures to protect the rights invoked (as found in the UN 1948 Convention on the Prevention and Punishment of the Crime of Genocide) from imminent and irreparable loss.

The Court sat for two days, 11 & 12 January 2024, and both South Africa and Israel put their cases concerning the rights and responsibilities found in the Genocide Convention and, whether the actions of the Israeli Government since 7 October 2023 had caused acts of genocide against the Palestinian people in the Gaza Strip, had established a credible risk of genocide or that Israel's actions did not in fact involve genocide.

The Court adjourned and deliberated for thirteen days, then delivered its findings and decision.

It couldn't be any clearer, the State of Israel is on notice and a full trial will take place.

International Court of Justice (The Hague), South Africa v Israel, Summary of the Order of 26 January 2024, (Provisional Measures), excerpt:

OPERATIVE CLAUSE (PARA. 86)

The full text of the operative clause of the Order reads as follows:

“For these reasons,

THE COURT,

Indicates the following provisional measures:

(1) By fifteen votes to two,

The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and

(d) imposing measures intended to prevent births within the group;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde [representing the Republic of Uganda]; Judge ad hoc Barak [representing the State of Israel];

(2) By fifteen votes to two,

The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(3) By sixteen votes to one,

The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;

AGAINST: Judge Sebutinde;

(4) By sixteen votes to one,

The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;

AGAINST: Judge Sebutinde;

(5) By fifteen votes to two,

The State of Israel shall 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;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(6) By fifteen votes to two,

The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde; Judge ad hoc Barak.”

*

Judge XUE appends a declaration to the Order of the Court; Judge SEBUTINDE appends a dissenting opinion to the Order of the Court; Judges BHANDARI and NOLTE append declarations to the Order of the Court; Judge ad hoc BARAK appends a separate opinion to the Order of the Court.

___________

In South Africa v Israel the full Summary of the Order of 26 January 2024 can be read and downloaded at:

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-sum-01-00-en.pdf.

The full APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL) - 26 January 2024 Order can be read and downloaded at:

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf

On the heels of the International Court of Justice hearings it appears that the United Nations Security Council is not inclined to accept Israel's stance at face value

Now that Australia - along with Bahrain, Canada, Netherlands and the United Kingdom - has committed itself to military and/or logistical support of the United States plan to curb Houthi attacks on merchant and commercial shipping transiting the Red Sea, the potential exists when combined with ongoing American airstrikes on sites in Yemen along with Israeli cross-border missile exchanges with Lebanon and US reciprocating when its military bases in Iraq & Syria were threatened by allegedly Iran-backed militias after 7 October 2023, for a wider Middle East war to develop. 

It is perhaps time ordinary folk in this country began to acquaint themselves with more details as to both the growing conflict and international moves to limit the risks. As opposed to relying solely on media opinion. 

On the heels of the conclusion of the two-day sitting of the International Court Of Justice (The Hague) in the matter of South Africa v Israel - in which a provisional ruling on the Israel Likud Government's intent and actions as it continues its war on Gaza and the Palestinian people - the United Nations Security Council was also sitting in New York to consider the question of Palestine and in particular statements proposing the permanent resettlement the Palestinian people outside of the Palestinian territories in a third country.

United Nations Security Council, media release, 

12 January 2024:

9531ST MEETING (PM)

SC/15564

12 JANUARY 2024

As Israel’s Aerial Bombardments Intensify, ‘There Is No Safe Place in Gaza’, Humanitarian Affairs Chief Warns Security Council

Delegates Reject Statements Proposing Palestinians Resettle Outside Territory

A staggering 85 per cent of the total population of Gaza — 1.9 million civilians — have been forcibly displaced amid Israel’s military operations, the United Nations Emergency Relief Coordinator told the Security Council today, as delegates categorically rejected any statements proposing that Palestinians should be resettled outside of Gaza, including from members of the Israeli Government.

Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, painted a grim picture of the horrific situation in Gaza, where more than 23,000 people have been killed and more than 58,000 injured since 7 October. Shelters are overflowing, food and water running out, the risk of famine growing by the day and the health system collapsing, with winter “exacerbating the struggle to survive”. Describing as “deplorable” that facilities critical to the survival of civilians have come under relentless attack, he said that, as ground operations move southwards, aerial bombardments have intensified in areas where civilians were told to relocate for their safety.

“More and more people are being crammed into an ever-smaller sliver of land, only to find yet more violence and deprivation, inadequate shelter and a near absence of the most basic services,” he continued. “There is no safe place in Gaza” and dignified human life is “a near impossibility,” he said, adding: “Even if people were able to return home, many no longer have homes to go to.” Warning that the spread of hostilities further southwards would significantly increase pressure for the mass displacement of people into neighbouring countries, he firmly rejected any attempt to change the demographic composition of Gaza.

Ilze Brands Kehris, Assistant Secretary-General for Human Rights, recalled that massive displacement in the enclave commenced on 12 October 2023, with Israel ordering Palestinian civilians north of the Wadi Gaza to vacate their homes and go south. However, such compelled evacuation failed to comply with international law and could amount to forcible transfer — a war crime, she asserted.

Warning against the risks of further massive displacement — potentially even beyond Gaza’s borders — she said incendiary statements by some members of Israel’s leadership pushing for permanent resettlement of Palestinians overseas have entrenched fears that Palestinians are being deliberately forced out of Gaza. Their right to return home must be subject to “an ironclad guarantee” and Israel must support their return by restoring essential services and facilitating the necessary reconstruction of Gaza, given that the scale of destruction and the presence of unprecedented levels of explosive remnants of war represent major obstacles to their return.

In the ensuing discussion, numerous delegates rejected recent statements by Israeli ministers vis-à-vis plans to encourage the mass transfer of civilians from Gaza to third countries. Warning against a deepening humanitarian crisis and woefully inadequate aid levels, many called for an urgent and permanent ceasefire in Gaza.

Algeria’s delegate underscored that the barbaric bombardment of Gaza and targeting of all signs of life is clearly aimed at killing “the hope of returning home in the hearts and minds of Palestinians.” Many officials of the occupying Power seek to terminate the Palestinian question by evacuating the entire occupied territory, he observed, rejecting the forced displacement as “there is no place for Palestinians except on their land”.

The representative of the United States rejected statements by some Israeli ministers calling for a resettlement of Palestinians outside of Gaza and opposed the advancement of settlements in the West Bank, highlighting her country’s visa restrictions against individuals who are undermining peace there. Concurrently, she expressed concern over some Council members’ refusal to condemn Hamas.

The representative of the Russian Federation cited the threat of forced transfer of Palestinians from the Gaza Strip and the West Bank as “part of the bloody puzzle that makes up the picture of the catastrophic humanitarian situation in Gaza”. Civilian infrastructure in Gaza has been practically destroyed, while United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) institutions — providing refuge to forcibly transferred persons — have continued to be subjected to Israeli bombings, he observed.

Along similar lines, China’s delegate categorically rejected any forced displacement of the Palestinian people, noting that the “voluntary emigration” from Gaza that some Israeli leaders have called for would mean driving 2 million people out. That would constitute an atrocity crime under international law and destroy the prospect of the two-State solution, he said, also highlighting that Israel has placed numerous obstacles that block access to humanitarian supplies.

The Permanent Observer for the State of Palestine said that, “in 100 days, virtually every Palestinian in Gaza has been displaced multiple times, from a home to a UN shelter to a tent — searching for safety everywhere, finding safety nowhere; searching for life anywhere, met by death everywhere.” Noting that the Palestinian people have been stripped of their right to live in freedom and dignity on their land for decades, he opposed Israel’s criminal vision offering only three options: death, exodus or subjugation.

Israel’s delegate, meanwhile, stated that “every UN body is weaponized against Israel by the Palestinians” and South Africa’s libellous case at the International Court of Justice is the epitome of the UN’s dystopian reality. “There is no forced displacement,” he said, citing his Prime Minister’s statement that Israel has no intention of displacing the population. Instead, Israel is fighting Hamas terrorists, who use Gazans as human shields, he pointed out, adding that his Government requested the temporary evacuation of civilians to mitigate civilian casualties.

THE SITUATION IN THE MIDDLE EAST, INCLUDING THE PALESTINIAN QUESTION

Briefings

MARTIN GRIFFITHS, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, said that, for nearly 100 days, what has been unfolding in Israel and the Occupied Palestinian Territory is a war conducted with almost no regard for the impact on civilians. In Gaza, the situation remains horrific as relentless Israeli military operations continue, with the tens of thousands of people killed and injured, the vast majority women and children. According to the Ministry of Health in Gaza, more than 23,000 people have now been killed and more than 58,000 injured since 7 October. A staggering 85 per cent of the total population — 1.9 million civilians — were forcibly displaced, traumatized and forced to flee again and again as the bombs and missiles rained down. Highlighting the appalling conditions on the ground, he said shelters are overflowing, and food and water running out, and the risk of famine growing by the day. The health system is in a state of collapse: women are unable to give birth safely; children cannot get vaccinated; the sick and injured cannot get treatment; and infectious diseases are on the rise.

“Now winter has arrived in Gaza, bringing with it bitter cold, exacerbating the struggle to survive,” he said, describing as “deplorable” that facilities critical to the survival of the civilian population have come under relentless attack. A total of 134 United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) facilities have been hit and 148 UN personnel and non-governmental organization staff have been killed in Gaza. “Humanitarian sites have been struck on numerous occasions, despite their identification and notification to the Israeli Defense Forces (IDF),” he asserted. As ground operations move southwards, aerial bombardments have intensified in areas where civilians were told to relocate for their safety. “More and more people are being crammed into an ever-smaller sliver of land, only to find yet more violence and deprivation, inadequate shelter and a near absence of the most basic services,” he stressed.

“There is no safe place in Gaza,” he said, noting that dignified human life is “a near impossibility”. Rafah, where the pre-crisis population was around just 280,000 people, is now home to 1 million displaced persons. UN efforts to send humanitarian convoys to the north have been met with delays, denials and the imposition of impossible conditions. The lack of respect for the humanitarian notification system puts every movement of aid workers in danger, as do the wholly insufficient quantities of armoured vehicles. “Corpses left lying in the road; people with evident signs of starvation stopping trucks in search of anything they can get to survive,” he said, describing scenes of utter horror in the north. “Even if people were able to return home, many no longer have homes to go to,” he said. Describing the provision of humanitarian assistance across Gaza as “almost impossible”, he pointed to “largely absent” access to Khan Younis and the Middle Area.

He went on to underscore that, while there has been some minor increase in the number of trucks entering via Rafah and Kerem Shalom, humanitarian supplies alone will not be able to sustain more than 2 million people. The system for medical evacuation of patients to Egypt is also woefully inadequate in the face of the massive needs. In these circumstances, the spread of hostilities further southwards would significantly increase pressure for the mass displacement of people into neighbouring countries. Some countries have already offered to host civilians who want to leave Gaza for their protection, he said, emphasizing that any persons displaced from Gaza must be allowed to return. Sounding deep alarm over recent statements by Israeli ministers vis-à-vis plans to encourage the mass transfer of civilians from Gaza to third countries, currently being referred to as “voluntary relocation”, he stressed that “any attempt to change the demographic composition of Gaza must be firmly rejected”.

“While Gaza is the epicentre of this crisis, let us not forget the 1,200 people killed, thousands injured, and hundreds taken in the brutal attack by Hamas and other armed groups on Israel on 7 October, and the accounts of abhorrent sexual violence,” he said, adding that rocket-fire continues into populated areas of Israel, causing more civilian casualties and trauma. Also, more than 100,000 people have been displaced within Israel as a result of the 7 October attack by Hamas and other armed groups and due to ongoing rocket fire from armed groups in Gaza and Lebanon. Expressing extreme concern about the risk of a further regional spread of this conflict, he spotlighted increasing tension and hostilities in the West Bank and an alarming increase in settler violence. The upsurge in tensions and military activity in Lebanon, the Red Sea and Yemen demonstrates that “we cannot allow this to metastasize further” as “the consequences of a wider conflagration would be unimaginable”, he warned. “What we have seen since 7 October is a stain on our collective conscience; unless we act, it will become an indelible mark on our humanity,” he said, urging for a ceasefire and calling on the Council to take urgent action to bring this war to an end.

ILZE BRANDS KEHRIS, Assistant Secretary-General for Human Rights, described the current conditions in Gaza as “not just a by-product of conflict, but the direct result of the manner in which hostilities have been conducted”. Massive displacement in the enclave commenced on 12 October 2023 with Israel ordering Palestinian civilians north of the Wadi Gaza to vacate their homes and go south. Israel, however, has made “scant provision” to ensure such relocations comply with international law, failing to ensure access to appropriate hygiene, health, safety, nutrition and shelter. Such compelled evacuations could amount to forcible transfer, a war crime. Many civilians have sought in vain to find locations safe from Israel’s massive bombardment and other military operations.

Compounding a 17-year blockade imposed by Israel, the occupying Power is failing in its obligations to facilitate entry of sufficient aid and essential commercial goods into Gaza, she said. More than 90 per cent of the population is now suffering from acute food insecurity — many on the brink of avoidable human-made famine. Starvation of the civilian population as a method of war is prohibited, she warned, pointing to serious concerns about the potential commission of war crimes, as evidenced in the unacceptably high civilian casualty rate, the nearly complete destruction of essential civilian infrastructure, the displacement of most of the population and the abominable humanitarian conditions in which 2.2 million people are being forced to endure. The risk of further grave violations, even atrocity crimes, is real. With people desperate for safety and security, the Council must be alive to the risks of further massive displacement, potentially even beyond Gaza’s borders.

In that regard, incendiary statements by some members of Israel’s leadership pushing for permanent resettlement of Palestinians overseas have entrenched fears that Palestinians are being deliberately forced out of Gaza. Their right to return to home must be subject to “an ironclad guarantee”. Israel, as the occupying Power, must support their return by restoring essential services and facilitating the necessary reconstruction of Gaza, given that the scale of destruction and the presence of unprecedented levels of explosive remnants of war represent major obstacles to their near-term return home.

An immediate ceasefire and the unconditional release of all hostages are indispensable first steps towards a durable solution, she stressed, insisting that the protection of civilians must be prioritized. Settler violence in the West Bank must also be condemned and accountability must be vigorously pursued. “This current violence comes in the context of decades of human rights violations,” she said, emphasizing the need to address the underlying root causes of conflict, including accountability for violations committed before, on and since 7 October. An enduring peace can be built only by ensuring justice and the rights of all peoples — both of Palestinians and Israelis, she asserted.

Statements

AMAR BENDJAMA (Algeria) stated that what is happening in Gaza “will remain a disgrace on the conscience of humanity”. He asked if it is not enough to kill 10,000 children, injure more than 60,000 people and destroy more than 60 per cent of the buildings in Gaza, and for the entire population to face the risk of famine. The barbaric bombardment of Gaza and targeting of all signs of life is clearly aimed at killing “the hope of returning home in the hearts and minds of Palestinians”, he said. He noted that many officials of the occupying Power seek to terminate the Palestinian question by evacuating the entire occupied territory — as while the focus is on Gaza, “we must not forget the West Bank and Jerusalem.” Rejecting the forced displacement as “there is no place for Palestinians except on their land,” he called for an urgent and permanent ceasefire in Gaza.

LINDA THOMAS-GREENFIELD (United States) observed: “It has been more than three months since Hamas carried out the deadliest attacks against Jews since the Holocaust and set this conflict in motion”. Israel has committed to have the United Nations send an assessment team to north Gaza, she said, rejecting statements by some Israeli ministers calling for a resettlement of Palestinians outside of Gaza. Statements by Israeli officials calling for the mistreatment of Palestinian detainees or the destruction of Gaza are irresponsible, but she also expressed concern over some Council members’ refusal to condemn Hamas. On the unprecedented rise in violence in the West Bank, she noted that Palestinian extremist militants are carrying out attacks against Israeli civilians. Opposing the advancement of settlements in the West Bank, she highlighted her country’s visa restrictions against individuals who are undermining peace there. Further, the Palestinian Authority must make steps towards reform and revitalization, and Israel must release revenues that allow the Authority to pay its security forces. “At this profoundly difficult moment, the United States has stepped up” to advance a vision for a lasting peace, she added.

VASSILY A. NEBENZIA (Russian Federation) expressed concern over the threat of forced transfer of Palestinians from the Gaza Strip and the West Bank, guided by unlawful steps taken by the West and Jerusalem. “This is only part of the bloody puzzle that makes up the picture of the catastrophic humanitarian situation in Gaza,” he said, spotlighting the 23,000 deaths and the thousands still buried under ruins. Given the pace and power of strikes in populated areas, civilian infrastructure in Gaza has been practically destroyed. Further, most internally displaced or forcibly transferred persons have found refuge in UNRWA institutions that — despite their status — have continued to be subjected to Israeli bombings. This ghastly humanitarian situation demonstrates how catastrophic it could be to continue ignoring international law. While the 7 October attacks were reprehensible, they cannot legitimize Israel’s subsequent, indiscriminate use of force. Highlighting the Council’s failure to adopt a resolution unequivocally calling for an immediate ceasefire, he warned against further escalation.

JOSÉ JAVIER DE LA GASCA (Ecuador), recalling that his delegation called for an end to inflammatory statements more than a year ago, expressed regret that today’s meeting was convened exactly because of such rhetoric. The Council has clearly rejected the forced displacement of the civilian population of Gaza, including children, in violation of international law. Citing resolutions 2712 (2023) and 2720 (2023), he deplored that the Council’s decisions have had a limited impact on the ground. Obviously, without a humanitarian ceasefire, those decisions cannot be implemented. However, “we cannot lose heart”, he said, urging the international community to do everything possible to improve the situation. He went on to condemn Hamas’ atrocious terrorist acts and called for both the immediate and unconditional release of all hostages and for humanitarian-access guarantees.

BARBARA WOODWARD (United Kingdom) firmly rejected any statements proposing that Palestinians should be resettled outside of Gaza, including from members of the Israeli Government. She voiced alarm that since 7 October, at least 198 Palestinian households, including 586 children, have been displaced following an increase in extremist settler violence, calling on the Government of Israel to not only condemn that violence but also take direct action. Warning that current aid levels into Gaza are woefully inadequate and deepening the humanitarian crisis, she noted that the World Food Programme (WFP) reports that 9 out of 10 people there have less than one meal a day. She called for a sustainable ceasefire in which Hamas no longer poses a threat to Israel’s security, aid is delivered without hindrance and Palestinians can return to the areas of Gaza from which they have been displaced — further noting that immediate, sustained humanitarian pauses will also allow for hostages to be released.

ZHANG JUN (China), noting that more than 23,000 people in Gaza have lost their lives, said that hundreds of thousands of people are struggling to survive in makeshift tents. Though an immediate ceasefire has become the overwhelming call of the international community, a permanent Council member has been using excuses to veto consensus. Some people talk constantly about the protection of human rights and prevention of genocide while stonewalling and deflecting attention from the appalling situation in Gaza, he added. Any forced displacement of the Palestinian people must be firmly rejected, he stressed, pointing out that the “voluntary emigration” from Gaza that some Israeli leaders have called for would mean driving 2 million people out. That would constitute an atrocity crime under international law and would destroy the prospect of the two-State solution. On the dire humanitarian situation, he noted that Israel has placed numerous obstacles that block access to humanitarian supplies. Welcoming the Secretary-General’s proposal to appoint Sigrid Kaag as United Nations Senior Humanitarian and Reconstruction Coordinator for Gaza, he underscored that only a ceasefire can prevent greater civilian casualties and create conditions for the early release of all hostages.

VANESSA FRAZIER (Malta) underscored the urgent need to facilitate the delivery of humanitarian aid into and within Gaza, including through the opening of additional crossing points. Further, all arbitrary bureaucratic impediments to humanitarian operations must cease, the safety of UN staff and humanitarian workers must be secured and the remaining hostages held by Hamas in Gaza must be immediately released. Establishing a humanitarian ceasefire is the only way to mount a meaningful humanitarian response throughout the entirety of Gaza, she stressed. Such a cessation of hostilities is also critical within the context of displaced Palestinian people, who must either be allowed to return to their homes or be provided with adequate, safe shelter until their homes are rebuilt. Accordingly, she rejected any attempt to forcibly transfer Palestinians out of Gaza, adding that Israeli settler violence is “unacceptable”.

YAMAZAKI KAZUYUKI (Japan) noted the unimaginable extent of human suffering in Gaza, warning that famine is imminent and humanity is in crisis. The international community must continue to work with a greater sense of urgency towards alleviating the humanitarian disaster in Gaza. While the Council adopted resolutions 2712 (2023) and 2720 (2023), their effective implementation regrettably remains elusive due to the ongoing heavy fighting. “As violent regional spillover is already happening, what is most urgent is the de-escalation of the conflict,” he said, rejecting the recent inflammatory rhetoric by Israeli ministers on the “resettlement” of Palestinians outside of Gaza. Any attempt to forcibly displace the Palestinian people is inconsistent with relevant Council resolutions and violates international law, he said, stressing the need to create conditions to enable displaced Palestinians to return home safely while noting reports that Israel has agreed to allow the United Nations to carry out an assessment mission in northern Gaza.

SAMUEL ZBOGAR (Slovenia) expressed concern over statements made by some Israeli ministers proposing the mass displacement of Palestinians from Gaza, which would constitute a potential war crime under international humanitarian law. Noting that 85 per cent of Gazans have been displaced amid military operations, he called for humanitarian aid to be scaled up. He also expressed support for the appointment of Sigrid Kaag as Senior Humanitarian and Reconstruction Coordinator for Gaza, where essential infrastructure is damaged and no place is deemed safe. Hamas’ brutal acts — while unacceptable — cannot justify the disproportionate destruction of life and civilian infrastructure in Gaza, he stressed. “Condemning the statements on displacement is not enough,” he added, underlining the need to prevent actions leading to displacement. He therefore called for an immediate ceasefire to halt the destruction, facilitate the release of hostages and restore calm to the region.

MICHAEL IMRAN KANU (Sierra Leone) condemned in the strongest terms the heinous attack against Israeli civilians by Hamas and the taking of hostages, calling for their immediate and unconditional release. He further strongly condemned attacks on Palestinian civilians and infrastructure and collective punishment, rejecting any attempt to remove Palestinians from the Gaza Strip or the West Bank either temporarily or long-term. Voicing regret over the reported killing of about 23,000 Palestinian civilians, as well as the ultimate cost paid by UN and other humanitarian workers and journalists, he called for accountability for all those guilty of crimes against international humanitarian law. Expressing grave concern over the severe humanitarian situation in the Gaza Strip, he called for an immediate humanitarian ceasefire, which would bring an end to atrocities and reduce regional tensions.

SANGJIN KIM (Republic of Korea), condemning Hamas’ attack on Israel, said that Gaza has become “a place of death and despair”. Even hospitals are targets for military operations and air strikes, he said, adding that there has been little improvement on the humanitarian front despite the adoption of resolutions 2712 (2023) and 2720 (2023). “Countless trucks with humanitarian aid from numerous countries are lining up waiting for their turn to enter Gaza,” he said. Underscoring Palestinians’ right to live on their own land, he expressed concern over comments by high-level Israeli officials about the so-called “voluntary migration” of Palestinians out of Gaza. Resolution 2334 (2016) clearly condemns all measures aimed at altering the demographic composition, character and status of Palestinian territory. “Gaza must not be resettled,” he stressed, adding that such inflammatory rhetoric does not help to ease the tensions that are now widespread across the Middle East.

CAROLYN RODRIGUES-BIRKETT (Guyana) expressed concern over the forced displacement of Palestinians in Gaza since 7 October, noting multiple instances of this within the territory. In this context, she sounded alarm over statements by certain officials suggesting that Palestinians in Gaza should be forcibly transferred to countries in the region and elsewhere. “Palestinian men, women and children have been herded into smaller and smaller spaces in the Gaza Strip and forced to eke out an existence in the most inhumane conditions and without an adequate supply of food, water, medicine, fuel and other basic items essential for survival,” she said. Further, displaced persons live with the constant threat of bombs killing or maiming them and their loved ones. Calling for an immediate ceasefire, she warned: “Displacement will continue, because people will have to keep moving in the hope of finding safety somewhere in the hell that is Gaza right now.”

DOMINGOS ESTÊVÃO FERNANDES (Mozambique) warned that regional escalation of the conflict in the Middle East has reached the highest level, underscoring the imperative that fighting must cease immediately before the consequences spread any further or before it is too late to stop and limit its repercussions. Council members have an obligation to ensure moderation and restraint. International laws must take precedence over these actions. “An immediate ceasefire is our best hope,” he said, as it would allow humanitarian access under Council resolutions 2712 (2023) and 2720 (2023). Most importantly, it would potentially enable negotiations towards peace and a two-State solution: Israel and Palestine coexisting peacefully in accordance with the relevant resolutions of the Council and the General Assembly.

ADRIAN DOMINIK HAURI (Switzerland) condemned the unjustifiable acts of terror committed by Hamas on 7 October, reiterating the call for all hostages still held in Gaza to be immediately and unconditionally released. Noting that, since that day, more than 23,400 people have been killed and more than 59,600 injured — with 85 per cent of the population of Gaza forced to flee — he condemned all statements aimed at expelling civilians from the Occupied Palestinian Territory. He also called for an urgent increase in humanitarian aid into Gaza, warning that famine is already affecting half a million Gazans and observing that the use of starvation as a method of warfare “may constitute a war crime”. On that, he recalled that the International Criminal Court is investigating the situation in the Occupied Palestinian Territory, covering both the events of 7 October and those currently taking place in Gaza and the West Bank.

NICOLAS DE RIVIÈRE (France), Council President for January, speaking in his national capacity, echoed the call for a lasting ceasefire, adding that this is vital to facilitate the delivery of humanitarian aid to the civilians in Gaza. His country will continue to provide humanitarian, financial and material aid to the Gaza Strip. Calling for the immediate release of all hostages, he said the Council must condemn the attacks perpetrated by Hamas and other terrorist groups on 7 October 2023. France will continue its work to impose sanctions against Hamas at a European level, he added, also expressing support for the two-State solution, with both States having Jerusalem as their capital. “We must work to build a State for the Palestinian people”, he said, highlighting the pivotal role of the Palestinian Authority in that process. Condemning Israel’s settlement policy, he said it is crucial to put an end to settler violence in the West Bank. “France staunchly condemns the Houthi attacks against commercial vessels in the Red Sea”, he said, adding that “these undermine navigational rights and freedoms”.

RIYAD MANSOUR, Permanent Observer for the State of Palestine, thanked South Africa for its moral leadership with the case it presented before the International Court of Justice against Israel for genocide. The world is watching a Nakba unfold, he said, adding that 70 per cent of Palestinians in Gaza are already refugees who were denied their right of return for decades now. Many of the people in Gaza have had their homes destroyed in previous assaults. Palestinians in Gaza today mourn their loved ones, and mourn their homes, that they built and rebuilt for themselves and their families. “In 100 days, virtually every Palestinian in Gaza has been displaced multiple times, from a home to a UN shelter to a tent — searching for safety everywhere, finding safety nowhere; searching for life anywhere, met by death everywhere,” he said, stating: Israel “killed and maimed our children, our doctors, our journalists, our engineers, our poets, our academics”.

While Israel was hoping Palestinians would leave under the pressure of its bombardments, they have not; now it is hoping they will leave because of the destruction the bombs have left behind, he continued. “Our people have a simple dream, to live in freedom and dignity on their land,” he said, stressing that they have been stripped of their right for decades. With mass killings of Palestinians by Israel continuing, death is everywhere and “starvation, dehydration, disease are spreading like wildfire”. Israel wants the Palestinian people to choose between destruction and displacement, between genocide and ethnic cleansing, he asserted, opposing the supremacist, racist and criminal vision that this conflict could end by Palestinians accepting that they have only three options: death, exodus or subjugation. “All those who want to see shared peace and security should not spread fire. They must support an immediate ceasefire” he declared.

GILAD MENASHE ERDAN (Israel) said that none of the resolutions adopted by the Council and the General Assembly condemned Hamas for their massacre of 1,300 Israelis. Not a single discussion has been dedicated to advance the release of hostages. During these 100 days, not once did the Council convene to focus on a baby held hostage. The United Nations has lost all moral credibility. He recalled that 76 years ago, the Organization represented a moment of justice and morality when the General Assembly decided to establish a Jewish State and an Arab State. Israel accepted the decision, while the Palestinians rejected it and have used every means to annihilate Jews, including by using the United Nations as a weapon. “Every UN body is weaponized against Israel by the Palestinians,” he said.

He said that the Arab League representative on the Council found it crucial to discuss the force displacement of Gazans in the same week that Gaza was already discussed. “There is no forced displacement,” he said, citing his Prime Minister’s statement that Israel has no intention of displacing the population. Israel is solely fighting Hamas terrorists, who use Gazans as human shields. To mitigate civilian casualties, Israel requested the temporary evacuation of civilians. Over 1 million Afghan-Muslims are being forcibly removed from their homes in Pakistan, but the Council has not convened even once to focus solely on defending their rights. Why? Because “no Jews, no news”.

In 2023, the Assembly passed more resolutions against Israel than against Iran, the Democratic People’s Republic of Korea and Syria combined. The Emergency Relief Coordinator said that Gaza’s humanitarian situation is the worst he has ever seen. But didn’t he see the killings by Cambodia’s Khmer Rouge and 400,000 Yemenis murdered? The list of different UN bodies that have been weaponized against Israel is endless. But of all, there is one that puts all others to shame — the Human Rights Council. Of its 47 members, only 17 actually uphold human rights. South Africa’s libelous case at the International Court of Justice is the epitome of the UN’s dystopian reality. The Convention on the Prevention of Genocide adopted following the genocide of the Jewish people is now being weaponized against the State while serving Hamas perpetrators.

Mr. BENDJAMA (Algeria), taking the floor a second time, thanked his colleagues for their substantive contributions regarding the forced displacement of the Palestinian population. There is consensus within the Council on the need to categorically reject any project aiming to directly or indirectly bring about such displacement — a rare and invaluable consensus that will reverberate around the world. He stressed that, in his region, the United Nations and the Council must restore their credibility and rebuild trust.

PALESTINIAN ISSUES | MIDDLE EAST | ISRAEL | STATE OF PALESTINE

~ENDS~