Latest news with #ConventiononthePreventionandPunishmentoftheCrimeofGenocide
The Journal
3 days ago
- Politics
- The Journal
Legality vs Reality: Could Western leaders face consequences for complicity in genocide?
LAST WEEK THE Irish government was accused of being 'complicit in Israel's genocide' in a High Court case taken by The Ditch, Uplift and surgeon Ahmed El Mokhallalati. The case argues that Ireland is violating international law by not inspecting flights reportedly carrying arms to Israel that have passed through Irish airspace during its war on the Gaza Strip in Palestine. The case was the latest example of a state being accused of complicity in the gravest of crimes because of its alleged facilitation of Israel's campaign, which has killed more than 60,000 people since October 2023. The European Union's former chief diplomat Josep Borrell issued a stark warning to the European Commission and member state leaders recently about the consequences of supporting Israel. 'Those who do not act to stop this genocide and these violations of international law, even though they have the power to do so, are complicit in them,' Borrell wrote in an article in The Guardian newspaper . European foreign ministers failed to agree to any sanctions against Israel last month , even though it had been found to have breached the human rights clauses of an association agreement with the bloc. There has been some movement from individual member states allied to Israel this week, though. In response to Israel's plan to take over Gaza City, Germany, one of Israel's largest weapons suppliers, suspended the sale of arms that could be used in Gaza until further notice. And last month the UK House of Commons was the scene of a striking exchange between Conservative MP Kit Malthouse and Foreign Secretary David Lammy. Malthouse asked if Lammy could not see the potential 'that he may end up at The Hague because of his inaction,' in relation to halting the supply of arms to Israel. Lammy dismissed the question as 'unbecoming'. Against the backdrop of global outrage at Israel's conduct in Gaza, its allies in Europe and North America have remained largely steadfast in their support for almost two years, both materially and diplomatically. Complicity is a crime punishable under Article III (e) of the Convention on the Prevention and Punishment of the Crime of Genocide , most often referred to as the Genocide Convention. So what risks do supportive states and government officials face if Israel is found guilty of genocide in the case taken against it by South Africa at the International Court of Justice (ICJ), and what form could the consequences take, if any? The words Lammy to The Hague projected onto the UK House of Parliament by Palestinian Youth Movement on 3 August, 2025. Alamy Stock Photo Alamy Stock Photo According to international law experts who spoke to The Journal, powerful Western countries and their leaders could, at least in theory, find themselves facing charges in The Hague. 'If Israel is found to have violated the Genocide Convention by a competent court, it is possible that third states might themselves face liability or be deemed responsible under international law for related violations,' said Michael Becker, assistant professor of international humanitarian law at Trinity College Dublin. But for John Reynolds, associate professor of law at Maynooth University, the inherent flaws and historical power imbalances in the international legal system mean states and their leaders are unlikely to face real consequences. Advertisement 'Hopefully it's not going to deteriorate further. But if it does, I suppose we're into new territory, and if circumstances evolve in a certain way, for sure it's legally possible,' Reynolds said. But whether it is politically possible is another matter. A mounting case The conclusion that Israel is committing genocide against the Palestinian people in Gaza has been reached by some of the world's most eminent scholars who study the crime of crimes. An essay published in the New York Times on 15 July by Israeli genocide and Holocaust scholar Omer Bartov was a recent, high-profile example. 'I'm a genocide scholar. I know it when I see it,' the headline read . Since then, Israeli human rights NGO B'Tselem has come to the same conclusion. Amnesty International and Human Rights Watch had already reached the same verdict within months of Israel's retaliation for the Hamas-led attack against it, in which almost 1,200 people were killed and roughly 250 were taken hostage. Uplift's Brian Cuthbert and Saoirse McHugh and The Ditch's Roman Shortall, Paulie Doyle and Eoghan McNeill outside the Four Courts in Dublin. Uplift Uplift On top of the South African case at the ICJ, in which Ireland has formally intervened, the International Criminal Court (ICC) has issued warrants for the arrest of Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant. It also issued warrants for Hamas leaders for their alleged crimes during the attack against Israel, all three of whom are now dead. In a less publicised ICJ case, Nicaragua has accused Germany of complicity in genocide through its material support for Israel. Israeli leaders and their supporters have rejected all of these accusations and described them as antisemitic, and even 'Holocaust inversion'. Alamy Stock Photo Alamy Stock Photo What does the law say? As Becker outlined, if the ICJ determines that Israel has committed violations of the Genocide Convention, a possible outcome of South Africa's case, 'it would then be possible to find that another state that has provided arms to Israel (if such arms were used to commit or facilitate genocidal acts) has violated international law'. 'As a legal matter, there is some debate about whether complicity requires weapons to have been provided with both the knowledge that they will be used to commit genocide and the intent that they be used for that purpose,' Becker said. 'The better view, however, is that full knowledge that the weapons will be used to perpetrate genocide is sufficient.' A different legal argument, he said, could focus on the obligation of states to prevent genocide, which is the duty of all signatories to the Convention. 'The question will be at what point did the state know, or at what point should the state have known, that weapons or bombs would likely be used in ways that violate international humanitarian law,' Becker said. He also noted that this is not to say that suspending arms supplies prior to a finding of genocide, or other violations of international law, would absolve a state of complicity. Related Reads Germany to halt some arms exports to Israel as international condemnation of Gaza plan mounts 'No more futile war': Hostage families fear the worst as Israel expands Gaza occupation ICC prosecutor Karim Khan, who is currently on leave pending the result of a sexual misconduct investigation. Alamy Stock Photo Alamy Stock Photo The ICJ deals with disputes between states, while the ICC is responsible for prosecuting individuals. So, when Malthouse referred to the 'personal' risk to Foreign Secretary Lammy, he was referring to the potential for prosecution in the ICC. Reynolds said that it is 'theoretically' possible that UK Prime Minister Keir Starmer and David Lammy could be prosecuted in the ICC. 'It's also possible for Joe Biden or Donald Trump or others in other countries as well. But it's practically very unlikely, because the way these ICC prosecutions go is by trying to target the most senior people involved at the most direct level of the commissions of the crimes. 'So in the case of Gaza, that would be the most senior people in the Israeli government and Israeli military.' Legality vs reality International law may sit atop the global legal order in theory but political realities have historically imposed informal limits on its efficacy. See the long list of African generals and warlords indicted by the ICC, and the absence of – for example – US and UK leaders who presided over a war of aggression in Iraq. The ICC will have to calculate the risks and rewards associated with taking on some of the most powerful world leaders, Reynolds explained. He said it would have to weigh the likelihood of success against the length and cost of such proceedings, as well as the potential impact of any rulings that might be handed down. Children crowd to receive a hot meal at a food distribution point in Gaza City in July 2025. Alamy Stock Photo Alamy Stock Photo Because there is no police force available to courts like the ICJ and ICC, they rely on states to implement their decisions, and their rulings are more likely to be cited in cases brought against governments and state officials in domestic courts, which do have enforcement powers. Still, Reynolds did note that few international legal scholars, lawyers and other experts would have predicted that an Israeli prime minister would be the subject of an ICC arrest warrant. At the same time though, the court has already faced consequences for its decision. The US – which does not recognise the ICC – has sanctioned its lead prosecutor and a number of judges on the court, while some states in Europe ( Hungary and Germany ) have simply ignored the court's authority despite being signatories to it. The issue of state complicity, Becker said, 'is distinct from questions relating to the potential criminal prosecution of state officials in those states that have provided support to Israel'. 'In principle, the ICC could seek to do so if certain additional conditions were met. In reality, however, it is extremely unlikely that the ICC would choose to allocate its resources to such a prosecution. 'In democratic states, the better remedy may be the ballot box.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. 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Saudi Gazette
01-08-2025
- Politics
- Saudi Gazette
Genocide is taking place in Gaza and Europe is duty bound to stop it, Israeli scholar says
WASHINGTON — Voices describing Israel's actions in Gaza as genocide are rising: an increasing number of politicians, rights-defenders, historians and legal experts say there is a clear will on the part of the Jewish state to destroy the Palestinians as a group and render life in Gaza impossible. The accusations have been growing since South Africa launched a case at the UN's top court of justice in December 2023 alleging Israel is committing genocide, an accusation Israel rejected as "baseless". Euronews spoke to Omer Bartov, Dean's Professor of Holocaust and Genocide Studies at Brown University, an Ivy League US institution, who argues that what is unfolding in Gaza amounts to genocide. Bartov, a genocide and Holocaust scholar, first described Israel's response to the 7 October terrorist attacks by Hamas as 'disproportionate' and even constituting 'war crimes and crimes against humanity'. However, by May 2024 he changed his evaluation of Israel's military campaign, labelling it genocide, as he believes there is mounting evidence showing intent behind Israel's actions. Back then, the Israeli army had ordered Palestinians out of Rafah, in the southern tip of the Gaza Strip, and moved them to Mawasi – a coastal area with almost no shelter. The army proceeded to flatten Rafah. 'Statements by Prime Minister Benjamin Netanyahu and members of his government constitute proof of their intent to destroy the Palestinians and to make Gaza uninhabitable,' Bartov told Euronews. Israeli officials have, for example, referred to Palestinians as 'human animals,' also saying they would reduce Gaza to 'rubble'. As per the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, genocide can be established when there is an 'intent to destroy, in whole or in part, a national, ethnical, racial or religious group.' Prosecuting those responsible for genocide remains a complicated and complex matter, with cases in front of international courts taking as long as 14 years, as was the case in verdicts on the Bosnian genocide in Srebrenica. While some experts see genocide as "crime of all crimes", others argue that genocide is a legal category that should not be observed as more important than war crimes or crimes against humanity, cautioning against prolonged court cases in pursuit of justice. Humanitarian aid is airdropped to Palestinians over Zawaida in central Gaza, 31 July, 2025 Humanitarian aid is airdropped to Palestinians over Zawaida in central Gaza, 31 July, 2025 AP Photo To prove a genocide, you also have to show that the intent is being implemented and that there are no other motives than wanting to destroy the group, Bartov explained. He further pointed to systematic Israeli military operations aimed at demolishing 'hospitals, mosques, museums and the goal is then to force the population to leave,' despite the fact that 'people won't and can't leave and have no place to go to.' Israel has repeatedly rejected accusations of conducting a genocidal campaign, stating its operation is solely geared towards disempowering and eradicating Hamas. Also, Israel has stated it never intentionally targeted civilians, in turn accusing Hamas of using them as human shields. What distinguishes Israel's operation in Gaza from ethnic cleansing and confirms the will to destroy Palestinians, according to Bartov, is that 'you make it impossible for that group to reconstitute itself and it is section D of the Genocide Convention, it's about imposing measures intended to prevent births within the group.' He points to a recent 65-page report by Israeli NGO Physicians for Human Rights that says Israel's actions in Gaza amount to genocide. The report documents the staggering number of miscarriages among Gazan women, the number of children who are born underweight or premature and maternal mortality amid famine due to lack of healthcare. Bartov believes Israel's operation in Gaza is set to go on, not to finish Hamas, which it is still fighting almost two years into the war, but to empty Gaza of Palestinians, as Israel no longer accepts the idea of a Palestinian state. Section A of the same convention says killing members of the group with the overall intent to destroy it also constitutes genocide. Section B mentions causing serious bodily or mental harm to members of the group. Bartov says both apply in the case of Israel's operation in Gaza. 'That is clear, we are talking about between 60,000 and 100,000 dead,' said Bartov, also mentioning 140,000 wounded, the chronically ill who died because hospitals no longer function, and Palestinians debilitated by hunger. Bartov rejects the argument that the number of casualties released by the Hamas-controlled health ministry, which does not distinguish between civilians and combatants, may be inaccurate or, as Israel claims, grossly exaggerated. He, like the Israeli NGO B'Tselem, which also labels Israel's actions in Gaza genocide, believes the Hamas figures are 'reliable', 'well documented' and even 'conservative', as thousands of bodies are still trapped under the rubble. 'Let the IDF (Israeli Defence Forces) provide its own figures, they should allow the foreign press in, the burden of proof is on the IDF,' Bartov insisted, adding that the number of victims actually does not matter to prove genocide. 'The convention is about killing people and members of the group, it is not about killing all members of the group," he emphasised. Past ceasefires agreed to by Israel and the recent easing of the food blockade amid reports of starvation in Gaza do not change Bartov's genocide accusation. The ceasefires were imposed on Israel, he argues instead. 'The last ceasefire was imposed by President Trump as he came in, and in March, Israel unilaterally broke the ceasefire, within a few minutes it killed a few hundred," he explained. 'This is has nothing to do with the main intent (of genocide) ... it is not at all something that is done willingly." Bartov claims that the Israeli government and Netanyahu openly tell the Israeli public that they are agreeing to 'the so-called humanitarian pause', notably under pressure from Trump, because 'these are measures that will make it possible for Israel to continue its operations.' In Gaza, Palestinians continue to be killed in the meantime, he says. When they released their reports on Monday, Israeli NGOs B'Tselem and Physicians for Human Rights also issued a common appeal, calling on 'Israelis and the international community to take immediate action to stop the genocide, using all legal tools available under international law.' We put the question of Israel's public opinion to Bartov, himself an Israeli citizen who served in the army. "Of course they are aware, you cannot not be aware, but most Israelis don't want to know," he said. 'Yesterday, there was an extraordinary report on Kan 11, the public TV, which also showed for the first time some images of starving children in Gaza but then said all this is fake news and showed footage of people selling fruits and vegetables at a market in Gaza.' Euronews verified the Kan 11 footage but also found that Israeli media claim that some of the photos depicting starving Palestinian children were reportedly manipulated. To Bartov, it is important to recognise what Israel is doing in Gaza as genocide 'because all signatory states of the Genocide Convention include all the European countries and the United States (which) are duty bound to do something' -- to prevent, stop and punish those responsible. Instead, according to him, the US and Europe remain 'complicit' in what is happening in Gaza. 'In the case of Germany it's especially appalling not only because it is the major European power, the major supplier (of weapons) to Israel, but also because it does it in the name of the Holocaust (...) the Staatraison.' Germany, he says, in feeling responsible for the Holocaust, should prevent crimes against humanity and genocide but not protect a country 'that is the successor state of the Holocaust while it is itself carrying out a genocide." "That is a complete distortion of the lessons of World War II, Nazism and the Holocaust," Bartov argued. While Bartov says urgent action is needed to stop the violence in Gaza, one of the long-term repercussions, he fears, is that 'Israel will become a pariah state (...) if it is allowed to get away with it." "If one has an interest in protecting Israel, helping it become a decent place, it has to impose measures on it now that would stop not only the killing of Palestinians but also the rapid erosion of democracy,' he implored. Bartov also expressed further concerns about the effect of Israel being a pariah state on Jewish communities around the world, which he says would be 'severe,' pointing to the rise of antisemitism. Bartov, who focused a great deal of his research on Nazi crimes, also deplores that institutions set up to commemorate the Holocaust, be they memorial centres or museums, have been silent on Gaza. Their mandate is not only to remind the public of the horrors of the Holocaust but also to prevent future atrocities by promoting education and remembrance. Their failure to speak up, he says, will dent their credibility. 'They will no longer be able to present themselves as anything but institutions that are only concerned with what could be done to the Jews by the Nazis. Anything else is not their business.' Asked whether the terrorist attacks perpetrated by Hamas on 7 October 2023, that left close to 1,200 Israelis dead, could also be qualified as genocide, Bartov says: 'obviously, it was a war crime. Obviously, it was a crime against humanity because of the large numbers of civilians killed." "One would need to adjudicate that but it could be, if it is connected to the Hamas charter of the late 1980s which is an antisemitic, genocidal document, it could be seen as genocidal act.' 'I'm a little sceptical about that, but certainly I think one could make that argument. I'm sceptical because Hamas actually issued different documents later," Bartov concluded. — Euronews
Irish Times
29-07-2025
- Health
- Irish Times
Israeli human rights groups accuse Israel of committing genocide in Gaza
Prominent Israeli human rights organisations have accused Israel of committing genocide against Palestinians in Gaza . B'Tselem – which monitors the effects of Israeli policies on Palestinians – and Physicians for Human Rights also said Israel's western allies could be complicit if they fail to halt the war. Monday's separate reports – the first to be issued by Israeli rights groups – claimed Israel had declared an intention to enact, and had enacted, a pattern of violating the rights of Palestinians due to their identity. Such activities contribute to genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. READ MORE Introducing its 88-page report, titled Our Genocide, B'Tselem stated: 'For nearly two years, Israel has been committing genocide in Gaza, acting in a systematic, deliberate way to destroy Palestinian society there through mass killing, causing serious bodily and mental harm and creating catastrophic conditions that prevent its continued existence in Gaza.' B'Tselem said Israel is 'openly promoting ethnic cleansing' and destroying existential infrastructure, starving displaced people who have been 'left by the world to die'. In its 65-page position paper, Destruction of Conditions of Life: A Health Analysis of the Gaza Genocide, Physicians for Human Rights-Israel (PHRI) said that October 13th, 2023, 'marked the start of an unprecedented assault on Gaza's health system. Over the past 22 months, Israel has systematically targeted medical infrastructure across the Gaza Strip, attacking 33 of 36 of Gaza's hospitals and clinics, depriving them of fuel and water. More than 1,800 of Gaza's medical staff have been killed or detained.' It said this 'co-ordinated assault' has 'decimated Gaza's medical capacity and rendered recovery nearly impossible'. PHRI director Guy Shalev told Israeli daily newspaper Haaretz: 'The pervasive damage to the healthcare infrastructure led to a worsening economic collapse: displacement led to overcrowding, overcrowding accelerated disease and disease spread unchecked amid collapsing sanitation.' He said 92 per cent of children aged between six months and two years 'do not receive the nutrition they need. At least 87 have died of starvation since the war began.' Israel has consistently said its actions are justified as self-defence, and Hamas is to blame for harm to civilians, for refusing to release hostages and surrender, and for operating in civilian areas, which the militant group denies. David Mercer, a spokesman for Israeli prime minister B inyamin Netanyahu 's office, said the PHRI paper 'blasphemes Israel'. He argued that genocide allegations are 'an attempt to delegitimise Israel's right to self-defence against Hamas'. 'There is no intent, [which is] key for the charge of genocide ... it simply doesn't make sense for a country to send in 1.9 million tons of aid, most of that being food, if there is an intent of genocide.' Israel launched its war in Gaza after Hamas-led fighters attacked Israeli communities across the border on October 7th, 2023, killing 1,200 people, mostly civilians, and taking 251 hostages back to Gaza. Israel has often described that attack, the deadliest day for Jews since the Holocaust, as genocidal. Since then, Israel's offensive has killed more than 60,000 people in Gaza, mostly civilians, according to Gaza health officials, reduced much of the enclave to ruins, and displaced nearly the entire population of more than two million. Amnesty International and Human Rights Watch have previously accused Israel of genocide. South Africa has submitted a genocide case to the International Court of Justice, while the International Criminal Court has issued warrants on war crimes charges for Mr Netanyahu and former defence minister Yoav Gallant. – Additional reporting by Reuters
Jordan News
29-07-2025
- Politics
- Jordan News
Two Israeli Organizations Accuse Tel Aviv of Committing Genocide in Gaza - Jordan News
Two Israeli human rights organizations declared on Monday that Israel is committing genocide against Palestinians in the Gaza Strip, becoming the first major voices from within Israeli society to make such a strong accusation, which Tel Aviv continues to deny. اضافة اعلان The organizations — B'Tselem and Physicians for Human Rights–Israel (PHRI) — issued their reports during a press conference in Jerusalem, stating that Israel is engaged in a coordinated and deliberate effort to destroy Palestinian society in Gaza. Yuli Novak, Executive Director of B'Tselem, said: 'The report we are publishing today is one we never imagined we would have to write.' He added: 'The residents of Gaza have been displaced, bombed, starved, and stripped entirely of their humanity and their rights.' PHRI's report focused on the destruction of the healthcare system in Gaza, stating that: 'Israel's actions have systematically and deliberately dismantled Gaza's healthcare infrastructure.' Israel has denied accusations of genocide since the start of the war on Gaza, including those raised in the case brought by South Africa at the International Court of Justice in The Hague. Israeli Prime Minister Benjamin Netanyahu condemned the charges as 'outrageous.' Israeli government spokesperson David Mencer described the accusations from the two organizations as 'baseless.' The Israeli military also rejected the findings, claiming they are unfounded and insisting it adheres to international law and takes unprecedented measures to avoid harming civilians, according to its statement. Genocide accusations carry significant weight in Israel, especially given the historical trauma of the Holocaust. Israeli officials have previously claimed that applying the term 'genocide' to Israel constitutes defamation and antisemitism. When Amnesty International declared in December that Israel had committed acts of genocide, the Israeli Foreign Ministry labeled the organization as 'biased and bigoted.' The 1948 Convention on the Prevention and Punishment of the Crime of Genocide, drafted after the Nazi extermination of Jews, defines genocide as: 'Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.' International concern over the situation in Gaza has grown significantly in recent weeks, as UN agencies report severe shortages of food for the 2.2 million residents of the strip. Since early March, Israel blocked all supplies into Gaza, before allowing limited aid access in May under new restrictions. While Israel claims to comply with international law, it says it must prevent militants from diverting aid. Despite these claims, Israeli forces have killed hundreds of civilians attempting to reach food distribution points, according to the United Nations. In recent days, Israel has announced measures to increase aid, including localized ceasefires, airdrop deliveries, and safer humanitarian corridors. Throughout the conflict, Israeli media has focused primarily on the plight of Israeli hostages in Gaza. Footage of destruction and civilian casualties in Gaza, widely broadcast internationally, is rarely shown on Israeli television. However, genocide allegations are not expected to dramatically shift public opinion in Israel. As quoted by Reuters: 'The Israeli perception remains: What do you want from us? This is Hamas' fault. If they laid down their arms and released the hostages, all of this would be over.'
Middle East Eye
25-07-2025
- Politics
- Middle East Eye
Brazil to join South Africa's case against Israel in ICJ
Brazil's foreign ministry confirmed on Friday its intentions to join South Africa's case against Israel at the International Court of Justice (ICJ), which seeks to secure a verdict of genocide against Israel. Brazil's foreign ministry said it was in the 'final stages' of submitting its official application to the court. It accused the Israeli military of committing 'atrocities' in Gaza. "The Brazilian government announces that it is in the final stages of submitting a formal intervention in the ongoing case at the International Court of Justice, brought by South Africa under the Convention on the Prevention and Punishment of the Crime of Genocide,' read the statement. It added: "The Brazilian government expresses deep indignation at the recurring episodes of violence against the civilian population in the State of Palestine, not limited to the Gaza Strip but extending to the West Bank."
