Israel Approves Lawless Show Trials and Mass Executions for Palestinians Seized on Oct. 7, 2023
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As the beleaguered International Criminal Court seeks an arrest warrant for Bezalel Smotrich, Itamar Ben-Gvir, in charge of Israel’s torture prisons, and a key driver of legislation approving the death penalty for Palestinians, and establishing a special military tribunal to prosecute and execute those seized on Oct. 7 , 2023, continues to evade accountability.
When the Nazis held the Wannsee Conference on January 1942 to co-ordinate the “Final Solution to the Jewish Question” — the extermination of all the Jews in German-controlled Europe — it was attended by 15 high-level administrators in the relevant government departments, and the SS.
When senior officials in Israel were planning the genocide of the Palestinian people of the Gaza Strip, after October 7, 2023, no single conference was convened to facilitate what it would be appropriate to call Israel’s “Final Solution to the Palestinian Question”, but key officials can be readily identified.
The first two are Prime Minister Benjamin Netanyahu and the former Minister of Defense Yoav Gallant, for whom arrest warrants were issued by the International Criminal Court on November 21, 2024, for war crimes and crimes against humanity — the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts.
Judge Blocks Punitive US Sanctions on UN Rapporteur Francesca Albanese
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In wonderful news from the District Court in Washington, D.C., Judge Richard Leon has blocked the imposition of US sanctions on Francesca Albanese, the tenacious UN Special Rapporteur on the Occupied Palestinian Territories, who, since Israel’s exterminatory assault on Gaza began, 31 months ago, has been fearless and indefatigable in her support of the Palestinians, and her condemnation of Israel’s almost innumerable crimes — including war crimes, crimes against humanity and genocide — and has also condemned the countries and companies that have been complicit. See her reports here: “Genocide as colonial erasure”, “From economy of occupation to economy of genocide”, “Gaza Genocide: a collective crime” and “Torture and genocide.”
The 26-page ruling, a preliminary injunction, will be particularly irritating for the Trump administration, because Judge Leon cannot be dismissed as a “left-wing activist judge.” An appointee of George W. Bush, he first came on my radar in 2008-09, when, as a judge dealing with the habeas corpus petitions of prisoners at Guantánamo, he became notorious for his frequent rulings against the prisoners, including one particular case which I condemned as How Cooking For The Taliban Gets You Life In Guantánamo.
The latest case before Judge Leon was brought in February by Albanese’s husband, who, like her, is an Italian citizen, and by their daughter, who is a US citizen, seeking a preliminary injunction against the decision, last July, by US Secretary of State Marco Rubio, to designate Albanese as a foreign national who has “directly engaged with the International Criminal Court (ICC) in efforts to investigate, arrest, detain, or prosecute nationals of the United States or Israel, without the consent of those two countries.”
In his press statement, Rubio added, “The United States has repeatedly condemned and objected to the biased and malicious activities of Albanese that have long made her unfit for service as a Special Rapporteur”, claiming, hysterically, that she ”has spewed unabashed antisemitism, expressed support for terrorism, and open contempt for the United States, Israel, and the West.”
Israel’s New World Order: Nothing But the Threat of Endless Death
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For the last two and a half years, the State of Israel has unilaterally — and with jaw-dropping illegality — reimagined warfare as a religiously-mandated existential struggle against alleged “forces of darkness” in which there are no rules, and no sense of proportionality or restraint.
Everyone in the Gaza Strip — 2.3 million people at the start of this “conflict” — has been regarded as, in one way or another, “associated” with Hamas, the administrative government of Gaza whose military wing, along with other armed factions, broke out of the “open-air prison” of Gaza on October 7, 2023, killing hundreds of Israeli security personnel, and hundreds of civilians.
Completely supported by almost all the nations of the west, who approved the shamefully ill-defined notion that Israel had “the right to defend itself”, Israel has reinterpreted “self-defense” to mean genocide, inflicting such disproportionate destruction on Gaza that almost its entire built environment has been destroyed, and over ten percent of its population — a quarter of a million people — have been killed or wounded.
Israel, the US, the UK and Germany Have Destroyed Human Rights
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Yesterday, December 10, was Human Rights Day, marking the anniversary of the proclamation and adoption by the United Nations, on December 10, 1948, of the Universal Declaration of Human Rights, a hugely commendable and aspirational template for a better world, in which, to quote from its Preamble, “the equal and inalienable rights of all members of the human family” were recognized as “the foundation of freedom, justice and peace in the world.”
Translated into 577 languages, from Abkhaz to Zulu, the UDHR is, as the UN explains, “the most translated document in the world”, and is “generally agreed to be the foundation of international human rights law”, having “inspired a rich body of legally binding international human rights treaties.”
These include, as I discussed in an article year ago, entitled, Is Hope Still Alive on the Anniversaries of the Genocide and Torture Conventions, and the Universal Declaration of Human Rights?, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (more generally known as the Torture Convention), which was adopted by the UN General Assembly on December 10, 1984, the 36th anniversary of the UDHR, expanding on Article 5 of the Declaration, which states, unequivocally, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
It’s Official: UN Declares Catastrophic Famine Conditions in Gaza; Israel Still Denies It
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Today, in an extraordinary declaration, delivered from Geneva with articulate, controlled fury and indignation, Tom Fletcher, a British diplomat, and, since October last year, the United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, confirmed to the world what has been increasingly apparent over the last six months: that the most severe famine conditions are occurring in the Gaza Strip, that this is an “entirely man-made” disaster, deliberately engineered by the State of Israel, and that it can and must be “halted and reversed”, via an immediate ceasefire “to allow humanitarian aid to reach everyone in the Gaza Strip.”
According to the devastating new report by the IPC (the Integrated Food Security Phase Classification), which Fletcher was presenting to the world, 514,000 people, roughly a quarter of Gaza’s surviving population, are experiencing famine, with the number rising to 641,000 by the end of September unless immediate action is taken.
The IPC sets stringent conditions on the evidence required for a famine to be declared. Famine (Phase 5) requires an area to have 20% of households facing an extreme food shortage, 30% of children to be acutely malnourished, and two adult non-trauma deaths or four child non-trauma deaths for every 10,000 people to be taking place every day “due to outright starvation or to the interaction of malnutrition and disease.”
Is Hope Still Alive on the Anniversaries of the Genocide and Torture Conventions, and the Universal Declaration of Human Rights?
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For anyone concerned with human rights and international humanitarian law, two dates in 1948 — December 9 and December 10 — are of crucial importance, as these are the dates when the recently-formed United Nations, via its General Assembly, idealistically and optimistically adopted, on December 9, the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), and, the day after, adopted and proclaimed the Universal Declaration of Human Rights (UDHR), which established, for the first time, fundamental human rights to be universally protected, and which, as the UN explains, “inspired, and paved the way for, the adoption of more than seventy human rights treaties.” Ever since, December 10 — today — has been known and celebrated as Human Rights Day, while December 9 is marked as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime.
One of those subsequent treaties is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Torture Convention), which, after decades of wrangling, was finally adopted by the General Assembly on December 10, 1984, the 36th anniversary of the UDHR, expanding on Article 5 of the Declaration, which states, unequivocally, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
The Genocide Convention, and the long quest for accountability
The Genocide Convention, drawing on the work of the Polish Jewish lawyer Raphael Lemkin, who first coined the term during the Second World War, defines genocide as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group” — “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”, and “forcibly transferring children of the group to another group.”
Israel’s Collective Genocidal Sickness, the West’s Complicity, and the Messianic Colonialism Behind It All
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If your son or daughter was murdered, and you responded, in your grief, by suggesting that 2.3 million people should be murdered in retaliation, and if, moreover, you had the means to fulfil your vengeful fantasies, mental health experts would be alarmed, and would seek an urgent intervention.
This, however, is what happened not just to individuals, but, collectively, to almost the whole of Israeli society after the deadly attacks by Hamas and other militants on October 7 last year, in which, according to official Israeli figures, 1,068 Israeli citizens and 71 foreign citizens were killed, and 251 others were taken back to the Gaza Strip as hostages.
That is a significant number of people, and no excuse can be made for it — although strenuous efforts to claim that it occurred in a vacuum, as if through the exercise of pure evil for its own sake, fail, crucially, to recognize that it happened as the result of a multi-generational conflict between a colonial oppressor (the State of Israel) and an oppressed and occupied people (the Palestinians) that has been ongoing for 76 years, and that has involved, over the years, and before the latest horrors, the murder of tens of thousands of Palestinians, in numbers that dwarf the number of Israelis killed over that same period.
An Extraordinary Day for International Justice: ICC Issues Arrest Warrants for Benjamin Netanyahu and Yoav Gallant for War Crimes and Crimes Against Humanity
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In what will forever be remembered as an extraordinary day for international justice, the International Criminal Court (ICC) today issued arrest warrants, for war crimes and crimes against humanity, for Benjamin Netanyahu, Israel’s prime minster, and Yoav Gallant, who, until recently, was the defense minister in Netanyahu’s coalition government.
In its press release, the Court stated that it had “issued warrants of arrest for two individuals, Mr. Benjamin Netanyahu and Mr. Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest.”
The announcement in May, by Karim Khan KC, the chief prosecutor of the ICC, that arrest warrants would be sought for Netanyahu and Gallant, as well as for three Hamas leaders (two of whom have subsequently been murdered by Israel), was greeted at the time with huge enthusiasm, and a great sense of relief, by those who had been calling, since 2015, for the ICC to hold Israel accountable for its long history of grave crimes against the Palestinians.
20 Years Since the Illegal Invasion of Iraq, Why Are Bush, Cheney and Blair Still Free Men?
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20 years ago today, a US-led coalition illegally invaded Iraq, without approval from the UN Security Council, and on the basis of patently false claims that Iraq possessed weapons of mass destruction with which it could launch an attack on the West.
Those of us who are old enough to have lived through this dreadful time, and to have recognised the extent to which were lied to, have never forgiven — and never will — those who led us into this illegal war of choice.
For the neocons in the administration of George W. Bush — primarily, the vice-president Dick Cheney and the defense secretary Donald Rumsfeld — Iraq was unfinished business, after the first Iraq War in 1991, and, from 1998 onwards, Iraq was, explicitly, a target for regime change via the Project for a New American Century (PNAC) think-tank, founded in 1997, whose members also included other prominent figures in the administration of George W. Bush, including Paul Wolfowitz (Rumsfeld’s deputy), Richard Perle (an adviser to the Pentagon as the Chair of the Defense Policy Board Advisory Committee) and John Bolton (another security adviser who was also the Ambassador to the UN from 2005-06).
International Criminal Court Authorizes Investigation into War Crimes in Afghanistan, Including US Torture Program
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Good news from The Hague, as the Appeals Chamber of the International Criminal Court (ICC) has approved an investigation into war crimes and crimes against humanity committed in Afghanistan since May 2003 “by US armed forces and members of the CIA, the Taliban and affiliated armed groups, and Afghan government forces,” as the Center for Constitutional Rights (CCR) explained in a press release.
The investigation, as CCR also explained, will include “crimes against humanity and war crimes … committed as part of the US torture program,” not only in Afghanistan but also in “the territory of other States Parties to the Rome Statute implicated in the US torture program”; in other words, other sites in the CIA’s global network of “black site” torture prisons, which, notoriously, included facilities in Poland, Romania and Lithuania. As CCR explained, “Although the United States is not a party to the ICC Statute, the Court has jurisdiction over crimes committed by US actors on the territory of a State Party to the ICC,” and this aspect of the investigation will look at crimes committed since July 1, 2002.
AS CCR also explained, “The investigation marks the first time senior US officials may face criminal liability for their involvement in the torture program.”
Who's still at Guantánamo?
