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Middle East Eye
3 days ago
- Politics
- Middle East Eye
Israel committing genocide in Gaza, says top legal scholar Melanie O'Brien
The head of the world's largest academic association on genocide has declared Israel's actions in Gaza a genocide. Dr Melanie O'Brien, president of the International Association of Genocide Scholars (IAGS), outlined her legal opinion in an interview with Middle East Eye, ahead of an upcoming episode of the Expert Witness podcast featuring leading genocide experts. "Applying the legal definitions of genocide as found in the Genocide Convention and the Rome Statute of the International Criminal Court, I would determine that what is happening in Gaza constitutes genocide," O'Brien said. "The definition involves acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. These include killing or imposing conditions meant to bring about physical destruction," she explained, referring to the definition of genocide under the Genocide Convention. "What we are witnessing fits within that legal definition." New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters O'Brien's view carries considerable scholarly authority and reflects the mounting recognition of Israel's war on Gaza as a genocide. She presides over an association of over 700 scholars of genocide, and is the author of From Discrimination to Death: Genocide Process Through a Human Rights Lens. Her case studies include the Armenian genocide, the Holocaust, the Cambodian genocide, the Srebrenica genocide, and the Rohingya genocide. O'Brien, who is also an associate professor of international law at the University of Western Australia Law School, is one of a growing group of intellectuals and public figures who, in recent months, have declared Israel's war on Gaza to be unequivocally a genocide, despite the hesitancy of western governments to use the term. British officials, including Prime Minister Keir Starmer and Foreign Secretary David Lammy, have consistently refused to use the word genocide, saying such a determination should be made by a competent court. The Irish and Spanish governments have been the only western governments so far to call out Israel's actions as genocidal. Former EU foreign policy chief Josep Borrell has also recently made the argument that Israel is committing genocide, as has the UN's former aid chief Martin Griffiths. According to O'Brien, "Genocide either has occurred or hasn't - labels don't change the facts." In her view, genocide is not only determined by a court ruling. Other actors can make informed assessments, such as scholars, legal experts, politicians and civil society. "Scholars like myself apply legal definitions to the facts. Politicians play a crucial role in recognition, which historically has been important for mobilising international action." A woman holds the body of a Palestinian child who was killed in Israeli strikes, as mourners gather during the funeral at Al-Shifa hospital, in Gaza City, on 4 June 2025 (Reuters) Leading human rights organisations have reached the conclusion that Israel is committing genocide. In December 2024, Amnesty International became the first major organisation to conclude that Israel had committed genocide during its war on Gaza, while Human Rights Watch concluded that "genocidal acts" had been committed. Francesca Albanese, a lawyer and the UN's special rapporteur on Palestine, authored two reports last year suggesting that genocide was taking place in Gaza. Israel's onslaught on Gaza has so far killed over 54,000 Palestinians, the majority of them women and children. Most of the enclave has been destroyed and almost all the population forcibly displaced several times over the past 20 months of conflict. Israel's siege has brought most of of Gaza's 2.1 million civilians to the brink of famine, with a total blockage imposed between 2 March and 22 May and only limited amounts of aid allowed since the blockade has eased. The International Court of Justice (ICJ) is currently hearing a case brought by South Africa in December 2023, accusing Israel of genocide. A ruling by the ICJ, which is the UN's highest court, is expected to take several years. Scholars and historians of the Holocaust have also labelled the Gaza conflict as a genocide, some as early as October 2023. 'The crime of crimes' The legal framework for the definition and interpretation of the crime of genocide is derived from the 1948 Genocide Convention, as well as the international criminal law jurisprudence that followed, particularly cases before the ICJ and the ad hoc tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY). It is one of three core international crimes, along with war crimes and crimes against humanity. But genocide is widely recognised as "the crime of all crimes". In Article II, the convention states that "genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". That might include: Killing members of the group Causing serious bodily or mental harm to members of the group Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group Proving a special intent to destroy, in whole or in part, a national, ethnic, racial, or religious group is what distinguishes genocide from other international crimes. This part of the legal analysis of genocide is often the most difficult. But according to O'Brien, genocidal intent can be derived from verbal statements by Israeli political or military leaders as well as many other variables. "Since early October 2023, Israeli leaders have made statements about destroying Gaza and starving its population - clear expressions of intent," O'Brien said. 'Importantly, even if self-defence is invoked, that does not justify genocide' - Professor Melanie O'Brien "We also see intent through patterns of conduct, including indiscriminate bombings, mass casualties, the destruction of healthcare and essential infrastructure, and the denial of humanitarian aid, all of which can fall under crimes listed under the Genocide Convention," she told MEE. "The deliberate denial of water, food, medicine, shelter, and healthcare – all essential for life – points to genocidal intent. People are dying not only from bombings but also from starvation, malnutrition and untreated illnesses, particularly in overcrowded areas where disease spreads rapidly." The Convention focuses on prevention, not just the prohibition of the crime of genocide, hence the importance of early warnings that the atrocity might be unfolding. "Genocide is a process, not a single event," said O'Brien. Girls react during the funeral of Palestinians killed in Israeli strikes, at Nasser hospital in Khan Younis, the southern Gaza Strip, 2 June 2025 (Reuters) "We examine patterns over months or even years. In the case of Gaza, we're not only talking about the recent 18 months, but also the long history preceding the October 7 attacks – years of persecution, discrimination, apartheid, and conflict." Israel rejects accusations of genocide, and justifies its military operation in Gaza saying it has a right to self-defence. The Israeli army also claims it is abiding by international humanitarian law (IHL), or the law governing armed conflicts. O'Brien says that Israel is in grave breach of international humanitarian law, and that its response to the deadly Hamas-led attacks of 7 October 2023 has been disproportionate. "While Israel argues self-defence and military necessity, IHL requires that military attacks target only military objectives, be necessary, and be proportionate," she explained. "Indiscriminate bombing, the targeting of refugee camps, hospitals and journalists – many of whom are protected under IHL – are serious violations. Israel's military response has been disproportionate to the October 7 attack, with over 18 months of bombing resulting in mass civilian casualties. "Importantly, even if self-defence is invoked, that does not justify genocide," she said. "There is no legal defence for genocide under international law."
Middle East Eye
28-05-2025
- Politics
- Middle East Eye
Unrwa chief on Gulf deals with Trump: 'I wish a trickle of those trillions went to Palestinians'
The head of the UN agency for Palestinian refugees (Unrwa) has urged Gulf states to give a fraction of the money mentioned in US President Donald Trump's 'mega deals' to Palestinian refugees struggling to survive in the occupied Palestinian territories and neighbouring countries. Philippe Lazzarini told Middle East Eye that Unrwa, the largest humanitarian provider for approximately six million Palestinian refugees, is currently operating with a "negative cash flow," and the shortage of funds may force him to take "a difficult decision" as US funding remains suspended. "We are confronted with a very severe financial crisis, which, if it persists in the near future, will force me to take a difficult and painful decision," he told MEE's upcoming episode of Expert Witness podcast. "Because if we have no resources, we cannot pay the staff. We might be confronted with a situation where the money is not available any more, even to process our salaries. And if that is the case, the agency will be forced to look at what services among the critical services are more critical than others." Unrwa, whose staff members are mostly Palestinian refugees, has been at the receiving end of Israeli attacks since the beginning of Israel's war on Gaza in October 2023. At least 310 of its employees have been killed by the Israeli army over the past 19 months and over 80 percent of its premises have been destroyed. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters In January last year, 18 states suspended their funding to Unrwa pending investigations into alleged Hamas links. However, by July, all states except for the US reinstated their funding after a UN inquiry found no evidence of wrongdoing by Unrwa staff. So far, no country has stepped in to compensate the agency for the lack of US funding, said Lazzarini. He called on Gulf Arab states to dedicate more funding for Unrwa, saying he wished the multi-billion dollar deals with Donald Trump in his latest Gulf tour included pledges for Palestinian refugees. 'We are at a crossroad. If financially we have no resource any more, there is a risk that the agency implodes' - Philippe Lazzarini, Unrwa chief Trump's Middle East trip, which included stops in Qatar, Saudi Arabia and the United Arab Emirates (UAE), resulted in deals worth over $700bn, with the White House claiming that $2 trillion worth of deals have been agreed. "I wish a trickle of all these trillions of dollars committed would also come for the Palestinian refugees," Lazzarini told MEE. According to confirmed pledges for Unrwa as of 31 December 2023, the US was the top confirmed donor with $422 million, followed by Germany ($212.8m), the European Union ($120.165m), France ($62.42m), Sweden ($48.8m), Japan ($48.5m), Norway ($45.7m), the Netherlands ($40.7m), Canada ($39.3m), and the UK ($36.8m). Saudi Arabia was ranked 17 among donors, with a pledge of $17m, while the UAE pledged $15m, and Turkey $22.1m. Trump suspended funding for Unrwa during his previous presidency in 2018, and part of the funding was resumed in 2021 under the Joe Biden administration. Palestinian students at an Unrwa school in Shuafat, Jerusalem on 6 May 2025 (AFP) Lazzarini said that Arab states have yet to provide funding for 2025. He called on them to invest in the agency while taking part in efforts to establish a functioning Palestinian state. "We got support last year from the Arab countries. This year we are still waiting for what the decision will be. "We have reassurances from Arab countries that their contribution will continue and that they will step in. But today, we are almost at the end of May. I still do not have the necessary clarity to know what this contribution will be." Unrwa may 'implode' Lazzarini addressed the Arab world and other UN member states, saying that salvaging Unrwa requires a political will. "We are at a crossroad. If financially we have no resource any more, there is a risk that the agency implodes. And if it implodes, that means in Gaza or in the West Bank - where the situation is already difficult, chaotic, distressful - that will mean more distress, more despair," he said. "Anyone can imagine what it would mean if an agency like ours would leave a vacuum behind us, but it would also send shockwaves in the neighbouring countries, all of them have their own internal dynamics to deal with, or internal fragilities." The commissioner-general added, however, that Unrwa has enjoyed growing support from global civil society and private donors over the past year. "Last year and this year, we have reached record fundraising when it comes to individual and private donors," he said, adding that a number of states from the Global South have pledged to contribute to the agency for the first time in a show of solidarity after Western defunding. "But this is not compensating for the shortfall left behind by the withdrawal of the United States." Palestinians seeking aid gather near an aid distribution site run by the US-backed Gaza Humanitarian Foundation in Rafah, in the southern Gaza Strip, on 27 May 2025 (Reuters) For Lazzarini, who is the 11th head of the agency, Unrwa must be part of any future plan for Palestinian statehood, with a view to end its mandate once a functioning Palestinian state is in place. "I would like the agency to end its mandate by being part of a solution, rather than to be confronted with a situation where we are just imploding and collapsing." Lazzarini said he is in contact with Saudi Arabia concerning funding for 2025. But so far, no pledges have been confirmed. He explained that it was Saudi Arabia, the co-chair of the Global Alliance for the I fmplementation of the Two-State Solution, that brought Unrwa into conversations with world leaders to discuss plans to gradually merge Unrwa's human development work with a future Palestinian state. "There is an awareness about the importance of supporting the agency," he said. Unrwa was established by the UN as a subsidiary organisation in 1949, after the Arab-Israeli war that erupted following the creation of the state of Israel the previous year. In 1950, Unrwa was responsible for an estimated 750,000 Palestinians who fled or were forced from their homes amid violence by Zionist groups - an event commemorated as the Nakba, Arabic for "catastrophe". Today, there are 5.8 million Palestinian refugees registered by Unrwa, living in dozens of camps in the occupied West Bank, the Gaza Strip, Jordan, Syria and Lebanon. Most of Unrwa's budget is dedicated to the provision of education, followed by healthcare, support services, relief and social services, and infrastructure and camp improvement. Unrwa ban Israel's parliament, the Knesset, passed two laws in October 2024 banning Unrwa from operating inside Israel and occupied Palestine. The first law says that Unrwa is not allowed to "operate any institution, provide any service, or conduct any activity, whether directly or indirectly", in Israel, including occupied East Jerusalem, which Israel considers part of its sovereign territory. Israel's Gaza siege 'unconscionable and deeply illegal': Norway deputy foreign minister Read More » The second law prohibits Israeli government officials and agencies from contact with Unrwa. This one is a consequence of the first law and is concerned more with operations in the West Bank and Gaza, explained Lazzarini. The laws effectively ban Unrwa from operating inside Israel, Gaza, the occupied West Bank and East Jerusalem. Israel has since closed six schools operated by Unrwa in occupied East Jerusalem. According to Lazzarini, the closure of East Jerusalem schools earlier this month, in accordance with the first Israeli law, has impacted 550 students. It took place two months before the end of the school year, without an alternative offer to students. "Most likely, [Palestinian students] will just lose their entire school year because of such a decision," Lazzarini told MEE. Concerning the impact of the second law, Lazzarini said the no-contact policy effectively led to a halt in issuing visas to Unrwa's international staff. However, the organisation continues to provide public services, including education and primary health, in the West Bank and Gaza. In Gaza, Lazzarini said the organisation continues to operate with its remaining 12,000 staff despite the sustained Israeli attacks. "Our staff are sharing the fate of the population in Gaza," he said. "Somehow, we function in the absence of a ministry of education or primary health for the Palestinian refugees. "So our schools in the West Bank are still open. We are providing education to more than 50,000 students. And our primary health system is also functioning." The ban on Unrwa has triggered an ongoing case before the International Court of Justice, where states are asking the court to rule on Israel's obligations under international law to respect the immunities and privileges of UN agencies and to ensure the provision of humanitarian aid to the population under its occupation. In its intervention before the court, the UK testified that Unrwa is "impartial and neutral" and argued that Israel's ban on the organisation was unjustifiable.
Yahoo
22-05-2025
- Yahoo
Psychologist Testifies in Diddy Trial About Victims in Abusive Relationships
Prosecutors are calling an expert witness in the Diddy trial, a clinical and forensic psychologist who is telling the jury about why victims stay in abusive relationships, how they cope, the obstacles they face in leaving, and how their memories are affected by trauma. Dawn Hughes took the stand Wednesday morning as the 11th witness called by the feds. Prosecutors are presenting her as an expert witness who specializes in trauma and traumatic stress. Hughes told jurors it's quite common for victims to remain in abusive relationships ... explaining there's all sorts of mechanisms that make victims feel trapped, and it's not just reserved to physical violence. She testified sexual abuse makes it hard for victims to leave relationships or seek help ... because of the private nature of the abuse ... she says they often feel shame, humiliation, degradation and don't want to talk about it with others, much less think about it. Finances are another hurdle, Hughes said on the stand ... telling jurors a victim who is financially dependent on their abuser will have a harder time leaving. Hughes testified it sometimes takes multiple attempts for victims to finally leave an abusive relationship ... and there's a pattern of returning and reconciling. She said some victims feel they may come back to the good version of their partner, who they still love. She told the jury "trauma bonds" may form between a victim and their abuser ... and that can make a victim have a tough time leaving, because there's love and kindness attached to the abuse. Hughes testified victims will often develop coping mechanisms to deal with abuse and may numb themselves with drugs and alcohol. She said it's common for victims to wait months, or even years, before telling anyone about the abuses they suffered. She told the jury victims' memories may be fragmented from trauma ... and while they remember the gist or core of abuse, they may not recall every specific time or detail from when they were abused. Diddy defense attorney Jonathan Bach then began cross-examining Hughes ... and he asked her about malingering, and if people can fabricate emotional responses, and Hughes replied, "They can." Bach is grilling Hughes ... with Diddy's defense painting her as a biased professional witness who has never testified in defense of a man accused of sex crimes. Cassie previously testified about physical abuse she suffered at Diddy's hands ... and she told the jury she felt trapped in the relationship and that they had a few breaks before finally calling it quits. Others have testified they saw Diddy abuse her and that Cassie told them she couldn't leave because Diddy controlled her music career and paid for her home, car, and gave her an allowance. Prosecutors are using Hughes' expert testimony to explain and contextualize some of Cassie's testimony about how she behaved during her relationship with Diddy. Diddy's defense hasn't shied away from the domestic violence stories, but they claim there was DV on both sides. Worth noting ... Hughes testified the government is paying her $600 an hour and she's getting $6,000 for her day in court. She was previously hired by Amber Heard in the Johnny Depp trial and is expected to testify in the Harvey Weinstein retrial, also in New York. Diddy's defense asked Hughes if most of her income comes from court-related work and she estimated maybe half ... noting she'd raised her rate to $600 "commensurate with others."
Middle East Eye
19-04-2025
- Politics
- Middle East Eye
Why Gaza genocide is strongest case before ICJ William Schabas
What can more than 100 years of the international justice system tell us about its present and future? In this episode of Expert Witness, Professor William Schabas, world leading scholar of international criminal law and genocide, reflects on his decades of experience as an academic lawyer and genocide expert, and the challenges facing international law after Israel's war on Gaza in 2023. Schabas is the former president of the International Association of Genocide Scholars and the author of more than 20 books on genocide, the International Criminal Court, and international human rights law. Middle East Eye delivers independent and unrivalled coverage and analysis of the Middle East, North Africa and beyond. To learn more about republishing this content and the associated fees, please fill out this form . More about MEE can be found here .
Middle East Eye
09-04-2025
- Politics
- Middle East Eye
Varsha Gandikota-Nellutla on The Hague Group and Israeli impunity
In this in-depth interview, Varsha Gandikota-Nellutla, the chair of The Hague Group, discusses why nine states launched a coalition in January 2025 to hold Israel accountable under international law. This episode of Expert Witness was filmed on 17 March and first went live on 26 March 2025 for MEE's exclusive members. Middle East Eye delivers independent and unrivalled coverage and analysis of the Middle East, North Africa and beyond. To learn more about republishing this content and the associated fees, please fill out this form . More about MEE can be found here .
