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.”
In a devastating opinion issued on Friday (July 19), the International Court of Justice (one of the six organs of the United Nations, also known as the World Court) condemned as illegal Israel’s presence, and its behavior, in the Occupied Palestinian Territory (the West Bank, East Jerusalem and the Gaza Strip) ever since they were first militarily occupied in 1967. The case, “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” was initiated by a request from the UN General Assembly in 2022.
This was, of course, prior to the attacks by Hamas and other militants on October 7, 2023, and Israel’s extraordinarily violent and ongoing military response, in which, according to a recent assessment, it would be reasonable to expect that the final death toll, even if hostilities ended tomorrow, would be no less than 186,000 Palestinians, most of them civilians. Israel’s actions are subject to a separate case brought to the ICJ by South Africa, in which the Court first issued “provisional measures” against Israel in January, on the basis that what it has initiated and is engaged in is a “plausible genocide.”
What the Court decided, and how the judges voted
The 15-member court, whose judges are drawn from across the member states of the United Nations, declared, by eleven votes to four, that it was “of the opinion that the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful,” and was also “of the opinion that the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible.” Judges from countries including Israel’s staunchest allies, the US and Germany, agreed, as they did for every other decision taken by the Court, along with the recently-appointed Lebanese President, Nawaf Salam, and judges from Australia, Brazil, China, India, Japan, Mexico, Somalia and South Africa.
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.
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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