For other articles in this series 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
This week, the organization Shurat HaDin is having a conference titled “Towards a New Law of War”. They don’t hide where their alliances lie, and on their online conference page (nostalgically illustrated with WWII British bombers) you can find their Western-supremacist and racist agenda stated loud and clear:
…exchange ideas regarding the development of armed conflict legal doctrine favorable to Western democracies engaged in conflict against nontraditional, non-democratic, non-state actors.
For other articles in this series 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
William A. Schabas
Since Israel’s latest attack on the besieged Gaza Strip, last summer, I’ve been researching the issue of Israel’s genocide. I quickly found out that I’m not the only one, and although the subject has been addressed by scholars, politicians, UN bodies, and Palestinian civil society since 1982, this attack has prompted an unprecedented amount of criticism and study.
For other articles in this series 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
On the 7th of April 2004, then United Nations Secretary General to the Commission on Human Rights, Kofi Annan, launched his Action Plan to Prevent Genocide:
We must never forget our collective failure to protect at least 800,000 defenceless men, women and children who perished in Rwanda 10 years ago. Such crimes cannot be reversed. Such failures cannot be repaired. The dead cannot be brought back to life. So what can we do?
In my series of articles about Israel’s ongoing genocide of the Palestinian people, I tackle this assertion through different aspects of prevention mechanisms that have been put forth by the United Nations, such as The Convention of Prevention of Genocide, the UN Special Adviser on Prevention of Genocide statements, and other reports and documents. In this article, I’d like to discuss Annan’s plan, which is an overarching document and a promise of the UN to endangered communities that asses the dangers as they happen, and to bring it to task about its inaction to prevent Israel’s genocide of the Palestinian People.
For other articles in this series 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Is this what genocide looks like?
When I first set out to prove that Israel is committing the crime of genocide against the Palestinian people, I focused mostly on its genocidal acts. While there’s consensus between pretty much anyone that bothered to examine the Convention of Prevention of Genocide [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16] on the fact that Israel is committing the first three out of five genocidal acts:
(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;
A debate remains about Israel’s intent to bring about the Palestinian people’s “destruction in whole or in part”. The Russell Tribunal, in its latest “Extraordinary Session on Gaza” and the 2009 “Fact Finding Committee On Gaza” chaired by John Dugard, both illustrate a narrative of colonialist destruction of the social fabric and a partial wiping out of the indigenous population. Frustratingly enough, both stop short of ruling genocide. While the Russell Tribunal simply says “it would be for a criminal court to determine”, the Dugard report goes into much greater detail.
For other articles in this series 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Mourners fill the mosque during the funeral for 26 members of the Abu Jame’ family, who were killed the previous day during an Israeli attack over the Bani Suhaila neighborhood of Khan Younis, Gaza Strip, July 21, 2014. Reports indicate that 15 of the 24 killed were children of Abu Jame’ family. (Taken from 972 Magazine)
While acknowledging the incomprehensible numbers of the dead, and the staggering destruction to civilian infrastructure to the besieged Gaza strip, which the UN itself has described as “uninhabitable” even before Israel’s latest onslaught, the Office of the Special Adviser on the Prevention of Genocide seems to see fit to equate the meagre damage inflicted by the resistance of the victims of genocide, to that of the perpetrators of this genocide, as they execute massacres alongside a campaign of mass destruction.
The word Genocide is fast becoming yet another synonym for Israel’s crimes against the Palestinian people, alongside Apartheid and Ethnic Cleansing. I’ve already began to scratch the surface of the applicability of the Crime of Genocide to Israel, by examining the definition provided in the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the UN General Assembly on December 9th 1948. My conclusion prompted me to create a call to action, calling for concerned citizens of the world to contact the UN Special Adviser on the Prevention of Genocide and demand an enquiry and publish its findings and recommendations as to the possibility that Israel is committing the Crime of Genocide.
Today, [Creative Community for Peace] say, there is not a single musical act, from Justin Timberlake to the Rolling Stones to Alicia Keys, that they have not approached and coached in advance of their performance in Israel. ~Times of Israel
It’s no surprise that the genocidal Times of Israel is so eager to push anti-BDS initiatives. It’s also no surprise that one of Israel’s most well connected, elite whitewashing team, Creative Community for Peace [CCfP], is doing exactly what it vowed to do- whitewash genocide. However one might wonder about some of the names on the below statement that CCfP has published:
Article II: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(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;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Though still contentious in some circles even within the Palestine solidarity movement, I’d like to join Ali Abunimah, Ilan Pape and others [1,2] and put forth that Israel, typical of a colonialist entity, isn’t only guilty of war crimes, discrimination, and employing an apartheid system on the Palestinian people, but is actually committing genocide. Before the reader rules me out as another “extremist” and clicks on, I’d like to remind you that all these terms are legal terms. And though I’m by no means a legal expert, I intend to argue the legal points in this article, in hopes of not only proving that Israel is in fact committing the crime of genocide, but that legal professionals would refine these arguments and take them where they belong- International Criminal Court.
As the world looks to the Global Summit on Ending Sexual Violence in Conflict as a ‘pioneering’ movement, we must speak against rape as a weapon of war in Kashmir, and foreground the survivors whose suffering you have neglected throughout the two-year high profile global campaign.
Women protesting in the Press Enclave, Lal Chowk, Srinagar, against the double rape and murder of Shaheed Aasiya and Shaheed Neelofar, from Shopian, by the Indian Occupation Army. 2009 Photo Credit: Bilal Bahadur
Rt Hon William Hague MP
Secretary of State for Foreign and Commonwealth Affairs
Foreign & Commonwealth Office, UK
12 June, 2014
Time to Act: End Sexual Violence as War Weapon and End Impunity to Indian Armed Forces in Kashmir
Dear Foreign Secretary,
As the world looks to the Global Summit on Ending Sexual Violence in Conflict as a ‘pioneering’ movement, we must speak against rape as a weapon of war in Kashmir, and foreground the survivors whose suffering you have neglected throughout the two-year high profile global campaign.
We are writing to ask you to support an independent international investigation into the rapes and sexual violence that continue to take place in Kashmir since 1989 as a weapon of war. Crimes of sexual violence and sexual torture against Kashmiris have been extensively documented by international human rights organisations such as Human Rights Watch, Amnesty International, and Médecins Sans Frontière (Doctors Without Borders). According to one such report, “Rape in Kashmir: A Crime of War” (by Asia Watch of HRW and Physicians for Human Rights), Indian Armed Forces have used rape in Kashmir as a weapon of war to punish, intimidate, coerce, humiliate and degrade Kashmiri women and men. The Indian State grants its military forces occupying Kashmir legal impunity so that they cannot be prosecuted for rape and other violent crimes including murder. It is time for the international community to break its long and unconscionable silence over rapes in the internationally recognized disputed region of Kashmir.
We send you this request in hopes of garnering your crucial and valuable support for the letter attached below. This letter is a response to the dire conditions of thousands of Kashmiri political prisoners, both adults and minors, under the Indian Occupation. Your support will help bring global attention to this critical and urgent issue.
Indian Occupation Forces and their ‘Fearsome’ Targets: Young Kashmiri Boys
Greetings,
We send you this request in hopes of garnering your crucial and valuable support for the letter attached below. This letter is a response to the dire conditions of thousands of Kashmiri political prisoners, both adults and minors, under the Indian Occupation. Your support will help bring global attention to this critical and urgent issue.
On the ground, in Kashmir and elsewhere, we have a concurrent month-long campaign, the “Fast for Freedom,” first initiated via Facebook, which involves optional fasting, sit-ins, protests, lectures, and film-screenings. This will culminate in civil protests, fasts and sit-ins by various organizations – including the Association of Parents of Disappeared Persons(APDP) – and campus events in Srinagar, Delhi, and Berkeley et al, from 9th to 11th February 2014. It is an opportunity not just for Kashmiris but for all people of conscience to show solidarity with an oppressed people, to protest an illegal military occupation, the illegal detention and torture of thousands of Kashmiri political prisoners, and incessant human rights abuse, including mass graves, fake encounters, forced disappearances, mass and gang-rapes, and daily humiliation under the ongoing military occupation. (Please see the linked reportAlleged Perpetrators for more details.)
Your endorsement of the attached letter will help bring urgently needed political attention to this long-festering issue, as well as help to generate intellectual energy to begin necessary conversations on military occupations with regard to power and privilege, coloniality and postcolonialism, sexual assault as a weapon of war, imperial and decolonial feminisms, the colonial politics of prisons and capital punishment, post/colonial tourism, the construction of the “terrorist,” Islamophobia and other forms of racialization in the context of Kashmir. Continue reading “Free Kashmiri Political Prisoners, End the Occupation of Kashmir”