
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.”

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.

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.

Today is the first anniversary of a day that changed the world, when militants from the paramilitary wing of Hamas, the political and administrative organization responsible for the 2.3 million inhabitants of the Gaza Strip, 141 square miles of land sealed off from the outside world since 2007 by the State of Israel, broke out of their open-air prison, and, with militants from other organizations, embarked on a brutal killing spree in southern Israel.
The attacks left 1,195 people dead — of whom 739 were Israeli civilians, and 79 were civilians of other countries — although no one knows how many of the dead were killed by Israel itself, via the notorious Hannibal Directive, which advocates killing their own people to prevent them from being captured. 251 hostages were also seized and taken back to Gaza, where many have since died — some, undoubtedly, killed by Israel itself — because of their government’s refusal, since last November, to negotiate a ceasefire and the exchange of hostages for Palestinian prisoners held by Israel.
The October 7 attacks were horrendous, but Israel’s response — launching a relentless all-out assault on the Gaza Strip, which has lasted for a whole year, and is still, malevolently, ongoing — has killed over 40,000 Palestinians, mostly civilians, a death toll so disproportionate, borne of destruction so remorselessly vindictive, that it has plunged us into depths of moral depravity that most of us have never witnessed.

For the last 320 days — that’s just seven weeks short of an entire year — the State of Israel has been engaged in the most brazen and visible genocide in the whole of human history, publicly supported by most of the governments of the west, murdering the Palestinians of the Gaza Strip (mostly civilians, and half of them children) at an average rate of 125 a day, or five every hour, in an onslaught on a trapped civilian population that is unprecedented in its scale and ferocity.
These figures come from the most recent assessment, by the Gaza Strip’s shattered Health Ministry, that over 40,000 of Gaza’s population of 2.3 million (2% of the entire population, or 1 in every 50 of its inhabitants) have been killed over the last ten and a half months, although the true death toll is undoubtedly many times higher.
As Dr. Marwan al-Hams, the director of field hospitals at the Palestinian Ministry of Health, told the Guardian, “This number, 40,000, includes only bodies that were received and buried.” In addition, “About 10,000 airstrike victims were thought to remain entombed in collapsed buildings”, Dr. al-Hams said, “because there was little heavy equipment or fuel to dig through steel and concrete ruins looking for them.”

Eight months of unmitigated horror in Gaza demonstrates the absolute moral degradation of Israel, and the unparalleled moral failure of the west.
It’s eight months since Hamas and other militants broke out of the “open-air prison” of the Gaza Strip, where they, and the entire Palestinian population of 2.3 million people, had been subjected to a land, sea and air blockade for 16 years, and embarked on a brief but deadly killing spree in southern Israel, killing 1,068 Israelis (695 civilians and 373 members of the military and the police), as well as 71 foreign nationals, and kidnapping around 235 others, around half of whom were Israeli.
In response, as happened on numerous previous occasions when Israel was attacked by Palestinian military forces resisting the occupation of their land, Israel began carpet bombing the Gaza Strip, destroying key infrastructure, levelling apartment blocks with disproportionately heavy-duty bombs provided mainly by the US and Germany, and killing vast numbers of civilians.
In 2014, when Israel undertook the most savage of its many previous attacks on the Gaza Strip, a seven-week campaign killed over 2,300 Palestinians, wounded nearly 11,000 (including 3,374 children, of whom over 1,000 were permanently disabled), and led to the destruction of 7,000 homes, with an additional 89,000 damaged, before a ceasefire was finally reached.

My thanks to the indefatigable Chris Cook, based in western Canada, for having me on his Gorilla Radio show to discuss Ending Israel’s Impunity for Genocide in Gaza, and the Threat to Those, Like Joe Biden, Who Are Most Complicit, my latest article on the defining horror of our times. Our discussion takes place in the second half of the one-hour show, available on Substack here, after an illuminating first half with Yves Engler, the Montreal-based political activist, whose latest book, co-authored with Owen Schalk, is ‘Canada’s Long Fight Against Democracy.’ I’m also pleased to note that Chris played my song ‘Forever Prisoner’, about Guantánamo prisoner Khaled Qassim, recorded with my band The Four Fathers.
Chris and I began by discussing Jonathan Cook’s latest article for Middle East Eye, The message of Israel’s torture chambers is directed at all of us, not just Palestinians, which drew on a detailed CNN investigation published on May 11, Strapped down, blindfolded, held in diapers: Israeli whistleblowers detail abuse of Palestinians in shadowy detention center, about Sde Teiman, a secret Israeli prison on a military base in the Negev Desert, where Palestinians seized in the Gaza Strip since October 7 are kept naked, blindfolded and handcuffed, and, permanently, “forced to remain motionless and silent”, as Cook describes it, adding, “At night, dogs are set on them. Anyone who speaks or moves risks being savagely beaten till bones are broken.”
The whistleblowers who spoke to CNN also explained that “doctors sometimes amputated prisoners’ limbs due to injuries sustained from constant handcuffing; of medical procedures sometimes performed by underqualified medics earning it a reputation for being “a paradise for interns”; and where the air is filled with the smell of neglected wounds left to rot.”

I just want the bombing to stop. Billions of us around the world just want to the bombing to stop. But last night, in Rafah, Israel dropped countless US-supplied 2,000-pound bombs — hideously powerful weapons designed to pierce otherwise impenetrable military targets — on a displaced Palestinian civilian population, living in flimsy makeshift tents in what they were told was a “safe zone,” burning dozens of them alive, including children who were decapitated as their bodies burned.
For seven and a half months, a moral sickness has engulfed the State of Israel, also infecting parliaments and the mainstream media throughout most of the western world, as shrill, bullying and sometime gleeful proponents of genocide have sought to compel us, sometimes through violence, and often through intimidation, not only to turn a blind eye to the murder of 40,000 civilians in the Gaza Strip — killed with bombs of such intensity that they shouldn’t even exist, let alone be dropped onto packed civilian neighbourhoods day after day after day — but to endorse it, to support it as enthusiastically as they do.
For seven and a half months, those of us living in the majority of the countries of the west (or the Global North), have been ordered to believe that, despite the openly genocidal comments that have been regularly and insistently made by Israel’s leaders since the deadly attacks on southern Israel by Hamas and other militants on October 7 last year, (in which 1,139 people were killed), Israel’s response, in which most of the Gaza Strip has been destroyed, and 10,000 decomposing corpses are buried under the rubble, is not a genocide, but simply Israel exercising its “right to defend itself”, to “eliminate Hamas”, and to free the hostages seized by Hamas and other militants on October 7.
For seven and half months, we have been told that “this began on October 7”, in a blatant and frankly sickening effort to erase 76 years of oppression of the Palestinian people by the State of Israel, oppression which began in earnest with the blood-soaked establishment of the State of Israel, in 1948, when 15,000 Palestinians were murdered and 750,000 permanently exiled from their homes, but which actually began decades before, via the Balfour Declaration of 1917, in which the British government, then ruling Palestine as a Mandate after the collapse of the Ottoman Empire, announced its support for the establishment of a “national home for the Jewish people” in Palestine, and encouraged the migration of hundreds of thousands of European Jews.

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).

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.”
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker, singer/songwriter (The Four Fathers).
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