Showing posts with label War on Gaza. Show all posts
Showing posts with label War on Gaza. Show all posts

Sunday 7 April 2024

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









Thursday 4 April 2024

World Central Kitchen is devastated to confirm that after co-ordinating movements with the IDF seven members of its food aid team travelling in a deconflicted zone in Gaza have been killed in a targeted IDF strike

 

We are deeply mourning the news that our brave and beloved Zomi has been killed doing the work she loves, delivering food to the people of Gaza,” her family said in a statement. “She will leave behind a legacy of compassion, bravery and love for all those in her orbit.”

The Melbourne-born 43-year-old “was a kind, selfless and outstanding human being [who] travelled the world helping others in their time of need”, her family said.

[The Guardian, 2 April 2024]



World Central Kitchen: Food is a Universal Human Right


7WCK team members killed in Gaza


April 2, 2024


World Central Kitchen is devastated to confirm seven members of our team have been killed in an IDF strike in Gaza.


The WCK team was traveling in a deconflicted zone in two armored cars branded with the WCK logo and a soft skin vehicle.


Despite coordinating movements with the IDF, the convoy was hit as it was leaving the Deir al-Balah warehouse, where the team had unloaded more than 100 tons of humanitarian food aid brought to Gaza on the maritime route.


This is not only an attack against WCK, this is an attack on humanitarian organizations showing up in the most dire of situations where food is being used as a weapon of war. This is unforgivable,” said World Central Kitchen CEO Erin Gore.


The seven killed are from Australia, Poland, United Kingdom, a dual citizen of the U.S. and Canada, and Palestine.


I am heartbroken and appalled that we—World Central Kitchen and the world—lost beautiful lives today because of a targeted attack by the IDF. The love they had for feeding people, the determination they embodied to show that humanity rises above all, and the impact they made in countless lives will forever be remembered and cherished,” said Erin.


The IDF says it is “carrying out an in-depth examination at the highest levels to understand the circumstances of this tragic incident.”


World Central Kitchen is pausing our operations immediately in the region. We will be making decisions about the future of our work soon.



BACKGROUND


AboutWCK

In 2017, Hurricane Harvey hit Houston, and JosĂ©, with several chefs from his team, decided it was time to act. The group got on the ground and began helping to prepare meals. JosĂ© continued learning, observing how food relief was handled following a crisis—he immediately saw gaps and ways that it could be done better. Then, just a month later, Hurricane MarĂ­a hit Puerto Rico—the storm brought catastrophic devastation, and millions of Americans were in need, immediately. Boarding the first commercial flight to San Juan, JosĂ© started in one kitchen, cooking sancocho at a friend’s restaurant in the Santurce neighborhood. Building fast, chefs, food trucks, volunteers joined the team and #ChefsForPuertoRico was born. WCK would go on to serve nearly 4 million fresh meals in the aftermath of MarĂ­a.



AUSTRALIAN GOVERNMENT RESPONSE 2 April 2024



ISRAELI LIKUD GOVERNMENT RESPONSE 2 April 2024


NewYork Post, 2 April 2024, "Israel faces massive diplomatic backlash over airstrike that killed American, 6 other aid workers" excerpt:


Speaking in Hebrew in a video message released on X, Netanyahu said: “Unfortunately, in the last day there was a tragic case of our forces unintentionally hitting innocent people in the Gaza Strip.”


It happens in war, we check it to the end, we are in contact with the governments, and we will do everything so that this thing does not happen again,” he added.....




A three-car convoy carrying workers with World Central Kitchen was struck by an Israeli missile in northern Gaza. MOHAMMED SABER/EPA-EFE/Shutterstock


Monday 1 April 2024

March 2024 Special Rapporteur's report to United Nations Human Rights Council finds there are reasonable grounds to believe that the threshold indicating the commission of acts of genocide against Palestinians in Gaza has been met

 

IMAGE: The Guardian 30 March 2024





United Nations, The Question of Palestine



Anatomy of a Genocide – Report of the Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967 to Human Rights Council – Advance unedited version (A/HRC/55/73)

March 24, 2024


Human Rights Council

Fifty-fifth session

26 February–5 April 2024

Agenda item 7

Human Rights situation in Palestine and other occupied Arab territories


Anatomy of a Genocide


Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese*


Summary


After five months of military operations, Israel has destroyed Gaza. Over 30,000 Palestinians have been killed, including more than 13,000 children. Over 12,000 are presumed dead and 71,000 injured, many with life-changing mutilations. Seventy percent of residential areas have been destroyed. Eighty percent of the whole population has been forcibly displaced. Thousands of families have lost loved ones or have been wiped out. Many could not bury and mourn their relatives, forced instead to leave their bodies decomposing in homes, in the street or under the rubble. Thousands have been detained and systematically subjected to inhuman and degrading treatment. The incalculable collective trauma will be experienced for generations to come.


By analysing the patterns of violence and Israel’s policies in its onslaught on Gaza, this report concludes that there are reasonable grounds to believe that the threshold indicating Israel’s commission of genocide is met. One of the key findings is that Israel’s executive and military leadership and soldiers have intentionally distorted jus in bello principles, subverting their protective functions, in an attempt to legitimize genocidal violence against the Palestinian people.

Conclusions


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


94. Israel has sought to conceal its eliminationist conduct of hostilities sanctioning the commission of international crimes as IHL-abiding. Distorting IHL customary rules, including distinction, proportionality and precautions, Israel has de facto treated an entire protected group and its life-sustaining infrastructure as ‘terrorist’ or ‘terrorist-supporting’, thus transforming everything and everyone into either a target or collateral damage, hence killable or destroyable. In this way, no Palestinian in Gaza is safe by definition. This has had devastating, intentional effects, costing the lives of tens of thousands of Palestinians, destroying the fabric of life in Gaza and causing irreparable harm to its entire population.


95. Israel’s genocide on the Palestinians in Gaza is an escalatory stage of a longstanding settler colonial process of erasure. For over seven decades this process has suffocated the Palestinian people as a group – demographically, culturally, economically and politically –, seeking to displace it and expropriate and control its land and resources. The ongoing Nakba must be stopped and remedied once and for all. This is an imperative owed to the victims of this highly preventable tragedy, and to future generations in that land.


VIII. Recommendations


96. The Special Rapporteur urges member states to enforce the prohibition of genocide in accordance with their non-derogable obligations.309 Israel and those states that have been complicit in what can be reasonably concluded to constitute genocide must be held accountable and deliver reparations commensurate with the destruction, death and harm inflicted on the Palestinian people.


97. The Special Rapporteur recommends that member states:


(a) Immediately implement an arms embargo on Israel, as it appears to have failed to comply with the binding measures ordered by the ICJ on 26 January 2024, as well as other economic and political measures necessary to ensure an immediate and lasting ceasefire and to restore respect for international law, including sanctions;


(b) Support South Africa having resort to the UNSC under article 94(2) of the UN Charter following Israel’s non-compliance with the above-mentioned ICJ measures;


(c) Act to ensure a thorough, independent and transparent investigation of all violations of international law committed by all actors, including those amounting to war crimes, crimes against humanity and the crime of genocide, including:


(i) cooperating with international independent fact-finding/ investigative and accountability mechanisms;


(ii) referring the situation in Palestine to the ICC immediately, in support of its ongoing investigation;


(iii) discharging their obligations under the principles of universal jurisdiction, ensuring genuine investigations and prosecutions of individuals who are suspected of having committed, or aided or abetted, in the commission of international crimes, including genocide, starting with their own nationals;


(d) Ensure that Israel, as well as States who have been complicit in the Gaza genocide, acknowledge the colossal harm done, commit to non-repetition, with measures for prevention, full reparations, including the full cost of the reconstruction of Gaza, for which the establishment of a register of damage with an accompanying verification and mass claims process is recommended;


(e) Within the General Assembly, develop a plan to end the unlawful and unsustainable status quo constituting the root cause of the latest escalation, which ultimately culminated in the Gaza genocide, including through the reconstitution of the UN Special Committee against Apartheid to comprehensively address the situation in Palestine, and stand ready to implement diplomatic, economic and political measures provided under the United Nations Charter in case of non-compliance by Israel;


(f) In the short term and as a temporary measure, in consultation with the State of Palestine, deploy an international protective presence to constrain the violence routinely used against Palestinians in the occupied Palestinian territory;


(g) Ensure that UNRWA is properly funded to enable it to meet the increased needs of Palestinians in Gaza.


98. The Special Rapporteur calls on the Office of the High Commissioner for Human Rights to enhance its efforts to end the current atrocities in Gaza, including by promoting and accurately applying International Law, notably the Genocide Convention, in the context of the oPt as a whole.....


The full 25 page report can be found and downloaded at:

https://www.un.org/unispal/document/anatomy-of-a-genocide-report-of-the-special-rapporteur-on-the-situation-of-human-rights-in-the-palestinian-territory-occupied-since-1967-to-human-rights-council-advance-unedited-version-a-hrc-55/



Further excerpts.....


III. Legal Framework


15. The 1948 Convention on the Prevention and Punishment of the Crime of Genocide

(“the Convention”) codifies genocide as an international crime the prohibition of which is a

non-derogable peremptory norm (jus cogens). The erga omnes obligation to prevent and punish genocide binds all states under both the Convention and customary international law and requires them all to prevent and prosecute genocidal acts.31 Genocide cannot be justified under any circumstances, including purported self-defence.32 Complicity is expressly prohibited, giving rise to obligations for third states.33 16. The ICJ and the International Criminal Court (“ICC”) have jurisdiction over the crime of genocide,34 and so do State domestic courts. Prior to the establishment of the ICC, ad hoc international criminal tribunals advanced their interpretation of what constitutes genocide,35 its intent and required evidence.36


A. Constitutive elements of genocide


17. The Convention codifies genocide as “any of the [specified] acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.”37

Accordingly, the crime of genocide comprises two interconnected elements:

(a) The actus reus: the commission of any one or more specific acts against a protected group, namely:

(i) killing members of the group;

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

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

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

(v) forcibly transferring children of the group to another group.38

(b) The mens rea: the intent behind the commission of one or more of the abovementioned acts that must be established, which includes two intertwined elements:

(i) a general intention to carry out the criminal acts (dolus generalis), and

(ii) a specific intention to destroy the target group as such (dolus specialis).39


18. Both components must be satisfied for conduct to legally constitute genocide.40 The perpetrator’s intent to destroy the group in whole or in part distinguishes genocidal acts from other international crimes.41 Specific intent may be established by direct evidence, e.g. statements by high command or official documents, or inferred from patterns of conduct.42

In the latter case, the patterns of conduct or the manner in which the acts are perpetrated must be such that they “only point to the existence of such [genocidal] intent”,43 and the existence of intent results in “the only inference that could reasonably be drawn.”44


19. Evidence of the result is required to establish the commission of three of the underlying acts (killing, inflicting harm and transferring children).45 For the remaining two acts (inflicting conditions calculated to destroy the group and preventing births), the evidentiary threshold requires proof of an intent to achieve a given outcome, rather than its achievement. 46 Accordingly, if displacement, ethnic cleansing or mass deportation are perpetrated with the requisite intent to destroy the protected group as such, this may amount to genocide.47 Similarly, these displacement actions can also be evidence of specific genocidal intent.48.....


IV. Genocidal Acts in Gaza


21. Genocidal acts can include deliberate actions or omissions, including the failure to protect the group from harm.54 The evidence presented in the following sections suggests Israel has committed at least three of the acts proscribed in the Convention.


A. “Killing Members of the Group”


22. This act encompasses deaths resulting from direct actions or arising from neglect, including those caused by deliberate starvation, disease or other survival-threatening conditions imposed on the group.55


23. Since 7 October, Israel has killed over 30,000 Palestinians in Gaza, equivalent to approximately 1.4 percent of its population, through lethal weapons and deliberate imposition of life-threatening conditions. By the end of February, a further 12,000 Palestinians were reported missing, presumed dead under the rubble.56


24. During the first months of the campaign, Israel’s army employed over 25,000 tons of explosives (equivalent to two nuclear bombs)57 on innumerable buildings, many of which were identified as targets by Artificial Intelligence.58 Israel used unguided munitions (“dumb bombs”)59 and 2000-pound “bunker buster” bombs on densely populated areas and “safe

zones”.60 In the initial weeks, Israeli forces killed around 250 people daily, including 100 children,61 in attacks obliterating entire neighbourhoods and essential infrastructure.62 Thousands were killed by bombing, sniper fire or in summary executions;63 thousands more were killed while fleeing via routes and in areas declared “safe” by Israel.64 The victims

included 125 journalists and 340 doctors, nurses and other health workers (four percent of Gaza’s healthcare personnel), students, academics, scientists and their family members.65


25. Seventy percent of recorded deaths have consistently been women and children. Israel

failed to prove that the remaining 30 percent, i.e. adult males, were active Hamas combatants – a necessary condition for them to be lawfully targeted. By early-December, Israel’s security advisors claimed the killing of “7,000 terrorists” in a stage of the campaign when less than 5,000 adult males in total had been identified among the casualties, thus implying that all adult males killed were “terrorists”.66 This is indicative of an intent to indiscriminately target members of the protected group, assimilating them to active fighter status by default.


26. Moreover, Israel’s heightened blockade of Gaza has caused death by starvation, including 10 children daily, by impeding access to vital supplies.67 Lack of hygiene and overcrowded shelters could cause more deaths than bombings,68 having created “the perfect storm for disease”.69 A quarter of Gaza’s population could die from preventable health conditions within a year.70....



Monday 25 March 2024

Video Portrait of a War Crime 2024: a situation that the Government of the Commonwealth of Australia is assiduously averting its eyes from even as it ignores its binding responsibilities under international law and conventions


As of 23 March 2024 at least 32,142 Palestinian men women and children had been killed and more than 74,412 had been wounded in Gaza since 7 October 2023, according to the Ministry of Health in Gaza quoted in mainstream media.


On 18 March 2024 the World Health Organisation stated:

The latest analysis from the Integrated Food Security Phase Classification (IPC) partnership released today warns that the situation in Gaza is catastrophic, with northern Gaza facing imminent famine and the rest of the Strip at risk as well.

"The IPC announcement reflects the dire situation that the people of Gaza are facing," said WHO Director-General Dr Tedros Adhanom Ghebreyesus. "Before this crisis, there was enough food in Gaza to feed the population. Malnutrition was a rare occurrence. Now, people are dying, and many more are sick. Over a million people are expected to face catastrophic hunger unless significantly more food is allowed to enter Gaza."

Before the recent months’ hostilities, 0.8% of children under 5 years of age were acutely malnourished. Today’s report shows that as of February in the northern governorates, that figure is between 12.4 and 16.5%.

Without a significant and immediate increase in deliveries of food, water and other essential supplies, conditions will continue deteriorating. Virtually all households are already skipping meals every day and adults are reducing their meals so that children can eat. 


UN News stated on 20 March 2024:

Facilitated missions primarily involved food distributions, nutrition and health assessments, and the delivery of supplies to hospitals,” OCHA said, repeating warnings that “humanitarian access constraints” continue to “severely affect the timely delivery of life-saving assistance, particularly to hundreds of thousands of people in northern Gaza”.

Echoing those calls on Wednesday, UN Secretary-General AntĂłnio Guterres urged the Israeli authorities “to ensure complete and unfettered access for humanitarian goods throughout Gaza and for the international community to fully support our humanitarian efforts”. 


In January 2024 mainstream media began to report that Israeli citizens were blockading humanitarian aid trucks at official checkpoints for transit from Egypt into the Gaza Strip.



https://www.youtube.com/watch?v=LqRzfb2oMaM 


22 Mar 2024 #TheGrayzone

Journalist Jeremy Loffredo goes inside the grassroots Israeli campaign to block desperately needed aid to the besieged Gaza Strip and elicits the shockingly candid views of the Jewish Israeli nationalists manning the barricades.


Setting out on a bus caravan through illegal Jewish settlements in the occupied West Bank, Loffredo arrives at the Kerem Shalom crossing to Gaza, filming Israeli citizens as they physically block trucks loaded with flour and other essential goods. There, a reservist who served in the military assault on Gaza confesses to an array of war crimes, including blowing up the offices of UN centers dedicated to providing food to the local population.


Loffredo then joins nationalists on a march toward Gaza, where they hope to establish new settlements after the population is violently driven out.


This original Grayzone report was produced thanks to viewers like you.

Find more reporting at https://thegrayzone.com



Saturday 9 March 2024

Tweet of the Week


 


Tuesday 27 February 2024

Australia's Media, Entertainment and Arts Alliance [MEAA] joins international fundraiser to help feed those journalists still alive & working in starving, war-torn Gaza. Can you spare a few dollars to help put a vegetable basket together?

 

ECHO, 26 February 2024:


Image used in MEAA’s campaign to raise funds for
Palestinian journalists. PIC Sam Wallman
Photos, footage, audio and news reports from the middle east show nearly everyone in the Gaza is struggling to find food and essential medical supplies, including reporters.


But the demand for their work only intensifies as the war continues.


The Media, Entertainment and Arts Alliance [MEAA], which represents many Australian journalists, has joined a global fundraiser to help feed journalists working in the Gaza.


Money raised is to go directly towards fresh vegetables supplies and hygiene kits for around 1200 journalists and their families on contact lists held by the Palestinian Journalists Syndicate.


Palestinian journalists are the eyes of the world on Gaza,’ MEAA said in an email sent to members on Friday.


These workers continue under fire, without essential needs such as food, water and basic hygiene supplies,’ the email read.


The scarcity of these basic necessities in the territory has resulted in a surge in prices, making them unaffordable for many.’


MEAA says each vegetable basket costs about $AUD54 and each hygiene kit costs $AUD77.


More than 100 reporters killed in Gaza since October


News reports from the Gaza are a tradition almost as long as the post-war creation of Israel itself.


But just as medics and aid-workers are complaining of a lack of respect for their work and an inability to carry out first aid owing to hospitals and aid trucks becoming targets of war, so too are journalists being tested to their limits and beyond.


More than a hundred journalists have been killed in Gaza since the Israel Defense Forces started its operation there in October last year, the International Federation for Journalists [IFJ] reports.


The IFJ has launched the food fundraiser as part of a solidarity campaign with Palestinian reporters today.


Union backs call for better Israel-Palestine war coverage


MEAA’s appeal comes after the organisation said it had joined more than 80 journalist unions and associations around the world in early November 2023 calling for the Israeli government to ‘take explicit steps to protect the lives of journalists covering the war in Gaza, in accordance with international law’.


All but five of 39 journalists reported as killed on the job in the Gaza at the time were Palestinian.


Later that month, the union said it was endorsing an open letter from a group of Australian journalist members regarding media coverage of the Israel-Palestine conflict.


Reporters on the frontline missing in action


Other examples of recent wars such as in Syria and Yemen have shown what happens when reporters are unable to perform their work effectively.


The UN has said several times in recent years that the subsequent humanitarian crisis in Yemen was the world’s worst, with millions of children said to have died from preventable disease and / or starvation.


Yet there are many Australians who are not aware of the fighting in Yemen largely thanks to a lack of mainstream media coverage.


Meanwhile, reporters hoping to inform the world of atrocities during Syria’s recent military decimation and mass refugee exodus were rarely able to reach the warzone......


MEAA  website, retrieved 26 February 2024:


Gaza Journalists Appeal










The current conflict in Gaza has had unprecedented and devastating effects on journalists in Palestine.


MEAA has launched a new fundraising appeal as part of an international effort to support Palestinian journalists, through the Media Safety & Solidarity Fund. Donations will provide basic food and health supplies for journalists in Gaza and their families.


Every cent donated will be distributed through the Palestinian Journalists Syndicate, the official affiliate of the IFJ, to provide material support for journalists in Gaza to continue to be able to do their jobs.


Since the conflict began, the PJS has sought to support Gaza journalists with tents, food baskets, power banks (mobile charging batteries), wheat, flour, cash assistance and other basic needs.


Right now, what is most needed are fresh vegetables supplies and hygiene kits for journalists families.


Each vegetable basket costs $US35 (about $54) and each hygiene kit costs $US50 (about $77). The PJS has about 1200 journalists on its contact lists.


DONATIONS CAN BE MADE ONLINE AT:

https://crm.meaa.org/civicrm/contribute/transact?reset=1&id=14