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.
If you have an hour to spare, and want to listen to the kind of political analysis of current events that is completely absent from mainstream media, I hope you’ll listen to me discussing the situation in the Gaza Strip, climate collapse and the collective psychic derangement of our politicians in the west with Andy Bungay, recorded last weekend and broadcast on Andy’s show on Riverside Radio, a community radio station in Wandsworth, in south west London.
Andy has interviewed me numerous times over the years, in connection with a variety of topics including Guantánamo and London’s housing crisis, and in July we spoke at length about the UK General Election, Israel’s genocide in Gaza, the right to protest and the release of Julian Assange, leading to a new arrangement whereby, once a month, we’ll discuss topic of concerns in a new hourly slot on Andy’s show.
In this first monthly interview, posted below via YouTube, and featured as part of Andy’s whole show here, we began by discussing Israel’s ongoing genocide in Gaza, which allowed me to discuss at length the “genocide within a genocide” that has been taking place for the last month in northern Gaza, via a truly abhorrent new plan that mixes starvation with extermination, the destruction of hospitals and efforts to displace the surviving population through ethnic cleansing, prior to Israeli colonization.
Three weeks ago, on October 10, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel issued a hugely significant report about Israel’s “war on hospitals” in the Gaza Strip over the last year, and its treatment of Palestinians in its accountable prison system, where torture, rape and murder are all widespread.
I wrote about the “war on hospitals” in a previous article, UN Report Confirms Israel Guilty of War Crimes and “Extermination” in Attacks on Gaza’s Hospitals, when I promised to follow up with a second article about the Commission’s findings regarding Israel’s prisons, and this article is my fulfilment of that promise.
When the State of Israel was founded in 1948, around 80% of the Palestinian population — 750,000 people — were ethnically cleansed from their homes in what is known as the Nakba (“catastrophe”), fleeing or being forcibly expelled as refugees into the West Bank (then controlled by Jordan), the Gaza Strip (then controlled by Egypt), Jordan, Syria and Lebanon. None of them — or their descendants — have ever been allowed to return.
For a year and three weeks, all decent people around the world have been shocked and disturbed, to an extent unprecedented in our lifetimes, by the intensity of the genocidal fury unleashed by the State of Israel on the 2.3 million Palestinians living in the Gaza Strip, the Chicago-sized “reservation”, into which they were squeezed in 1948, as the nascent Israeli state, in a blood-soaked orgy of extraordinary violence, seized most of what had, for centuries, been Palestinian land.
For a year and three weeks, we have had to watch, powerlessly, as Israel has revisited the messianic genocidal intent that it first unleashed in an unfettered manner 76 years ago, when it erased Palestinian cities, towns and villages, murdering 15,000 civilians and expelling 750,000 others, based on an absurd historical and pseudo-religious claim to the land, dating back 2,000 years. Contextualizing this absurdity, some commentators have pointed out that Israel’s actions are the equivalent to the Italians laying claim to England because it was conquered by their ancestors — the Romans — 2,000 years ago.
This violent supremacism has underpinned the actions of the State of Israel ever since. Throughout the long years from 1948, Israel has refused to ever seriously consider that it should share this contested land with those who called it home. Those expelled — to refugee camps in neighbouring countries — were forbidden the right to return (despite that being a demand agreed upon by the United Nations from the very beginning), those in Israel had to struggle for years to even establish their right to exist as second-class citizens, while those in Gaza and the West Bank have been persistently targeted for marginalization, division, isolation and persistent depredation. Israel claims, risibly, to be “the only democracy in the Middle East”, whereas the objective reality is that it is a violent European settler colonial project enforcing a repulsive system of apartheid.
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
In the epidemic of disasters afflicting the world, it’s sometimes hard to even remember that, at Guantánamo Bay in Cuba, the US government is still holding 30 men, detained for between 15 and 22 years, who, for the most part, have never been charged with crimes, and are imprisoned, apparently indefinitely, without charge or trial.
With just a fortnight to go until the US Presidential Election, these men’s plight has become politically invisible, even though their treatment — outside of all norms governing the deprivation of liberty of individuals — has, from the beginning, relied on their demonization and dehumanization as Muslims, with a clear line stretching from their fundamentally lawless imprisonment to the way that demonized and dehumanized Muslims are being treated in the Gaza Strip today.
Now suffering under their fourth president, the men at Guantánamo had some hope, when Joe Biden took office, that positive changes were on the horizon. NGOs and lawyers had lobbied his transition team, urging that, at the very least, he address the plight of those specifically imprisoned indefinitely without charge or trial, as opposed to those charged in the military commissions, a broken system, first introduced after the 9/11 attacks, before Guantánamo even opened, albeit one with some tangential connection to the law.
With the death of Yahya Sinwar, Israel’s mendacity and its genocidal intent stand exposed like never before.
Sinwar, the 62-year old leader of Hamas, who never abandoned his homeland, had been portrayed by Israel as hiding deep underground, surrounded by hostages, but in the end that was just another lie, to add to the mountains of lies that Israel has pumped out over the last year. In the end, Sinwar was killed in a chance military encounter in Rafah, not hiding out at all, but engaged in combat with the enemy — in military uniform, and with an AK-47.
His death was the opposite of the humiliation meted out by the US to Saddam Hussein or Moammar Gaddafi, when they were finally seized after the illegal invasions of Iraq and Libya. Nothing could be more inspiring for a resistance movement than for their leader to be killed in active combat, having refused to hide, or to be cowed by the enemy.
On Sunday night (October 13), Palestinian civilians — including children and medical patients, and others displaced by Israel’s year-long genocide — were burned alive in a truly horrifying Israeli attack on the courtyard of Al-Aqsa Hospital, in Deir al-Balah in northern Gaza.
One of those burned alive — a young man who was also a medical patient — was captured in a video filmed by a Palestinian journalist, writhing in agony, consumed by flames, and still lying on his hospital bed with his IV drip still clearly visible.
Yesterday it was revealed that he was Sha’ban Al-Dalou, a 19-year old software engineering student at Al-Azhar University (before it was destroyed, like all of Gaza’s universities), who was on an IV drip after surviving an Israeli strike on a mosque where he was sheltering with his family a week earlier, in which 20 Palestinian civilians were killed. Handsome, kind and popular, Sha’ban loved playing the guitar, and had once had great hopes for his future, but he had been displaced five times since Israel’s genocide began. Although his father and his three younger siblings survived the attack, his mother was also killed.
Four people in total were killed in the inferno, although 70 others — mostly women and children — were wounded, with many suffering severe burns, which the hospital lacks the resources to deal with adequately.
With grimly appropriate good timing, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel issued a hugely significant report on October 10 in which it found that, as described in an accompanying press release, “Israel has perpetrated a concerted policy to destroy Gaza’s healthcare system as part of a broader assault on Gaza, committing war crimes and the crime against humanity of extermination with relentless and deliberate attacks on medical personnel and facilities.”
The timing was grimly appropriate because, although its focus on Israel’s destruction of Gaza’s hospitals only covers the period from October 7, 2023 to August 2024, a terrible, genocidal version of Groundhog Day is currently taking place yet again in the Gaza Strip, where, although its relentless slaughter has not stopped for the last year, it is currently amplifying its horrors in northern Gaza, ordering the evacuation of the last three remaining partly-functional hospitals there, as part of a new plan to ethnically cleanse the whole of the north — where an estimated 400,000 civilians remain, having refused, or been unable to comply with evacuation orders issued a year ago — with a renewed depravity plumbing previously unthinkable depths.
Because the wheels of international justice revolve so slowly, it has taken over three years for the Commission’s report to be compiled and published. It was initially commissioned by the UN Human Rights Council in May 2021, with a brief to investigate “all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021.”
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.
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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