Latest news with #1948GenocideConvention
India Today
11 hours ago
- Politics
- India Today
"Criticising Israel is not always antisemitism" says Dr Shmuel Lederman, an Israeli genocide scholar
Dr Shmuel Lederman, a prominent Israeli genocide scholar, has publicly declared that Israel's actions in Gaza constitute genocide—a striking departure from academic caution that reflects a growing shift among experts studying mass atrocities. The Tipping PointLederman's position evolved throughout 2024 as destruction in Gaza mounted. "The accumulated effect of what Israel has been doing in Gaza was basically genocide in terms of the harm done to the Gazans as a group," he Initially hesitant to apply the genocide label, his assessment changed dramatically: "Until mid-2024 it was somewhat possible not to say that what Israel is doing is genocide, but over time, Gaza was simply being destroyed." By year's end, "the continued destruction—of hospitals, schools, and cultural sites—was genocide."Challenging Legal DefinitionsLederman argues that the legal definition of genocide has become an obstacle to prevention. "Genocide scholars for a long time have been engaged in a discourse that is critical of the legal definition because it's very narrow and originated partly in the political interests of the states that formulated it."The 1948 Genocide Convention requires proof of specific intent to destroy a group. Lederman contends: "Once you have this kind of destruction of a group, it should be called genocide—regardless of intent." More troubling, he suggests: "The legal definition of genocide actually serves to block us from preventing genocide when it actually takes place—like in the case of Israel and Gaza."advertisementConfronting Antisemitism AccusationsAs an Israeli Jew criticising his own country, Lederman faces unique challenges. "We need to distinguish very sharply between criticism—however harsh—of Israel, and anti-Semitism," he emphasises. "Anti-Semitism is about certain prejudices, stereotypes, generalisation, demonisation of Jews—not criticism of a sovereign state."He notes his identity provides some protection: "Me being an Israeli Jew, it's harder to criticise me as anti-Semitic... there's a certain privilege." However, he warns: "Very often, calling people anti-Semitic is simply a way of silencing them because they criticise Israel."Societal ComplicityLederman's critique extends beyond government policy to Israeli society itself. "Much of Israeli society either participated in it actively or gave it legitimacy," he observes. Even among government critics, "the majority of Israeli politicians criticising Netanyahu are not doing so on moral grounds—they're talking about hostages or tactical failures."Most concerning is the impact on Israeli youth: "The dehumanisation and demonisation of Palestinians has been ongoing for a long time in Israel—especially when it comes to Gaza." He warns: "For many young people, mocking the suffering in Gaza is almost a form of entertainment, revenge."International InactionLederman doesn't limit criticism to Israel. "Without American support, Israel could not have done what it did," he states bluntly. Regarding international justice mechanisms, he's pessimistic: "It's very likely that the ICJ would conclude there's no proof that Israel intended to destroy the group—because of the very high legal bar."As a genocide scholar breaking ranks with more cautious colleagues, Lederman represents a growing voice calling for fundamental changes in how mass atrocities are recognised and Watch
Days of Palestine
10-05-2025
- Politics
- Days of Palestine
GMO: Israel's blockade a 'systematic crime' against 2.4 million civilians
DaysofPal- The Government Media Office (GMO) in Gaza has issued a stark warning, accusing Israel of orchestrating a systematic crime against over 2.4 million civilians in the Gaza Strip. The GMO said in a Friday statement that the deliberate obstruction of basic humanitarian needs and the all-encompassing blockade were blatant breaches of international law, especially the four Geneva Conventions. 'For more than 70 consecutive days, Israel has completely sealed off all crossings into Gaza,' the statement read. 'This has prevented the entry of approximately 39,000 humanitarian aid trucks carrying food, fuel, and medicine as part of a campaign of genocide and continuous attacks on civilians.' The media office highlighted the dire effects of the blockade, stating that all bakeries in Gaza have been shut down for 40 days, leaving Palestinians without access to bread, an essential staple. 'Over 65,000 children are now at risk of death due to severe malnutrition and lack of access to food, a direct result of Israel's starvation tactics,' the statement warned. According to the GMO, famine is spreading rapidly and fatally among tens of thousands of families in Gaza. It pointed to the collapse of healthcare services, acute shortages of medical supplies, and the growing toll on children, the elderly, and the sick. 'The use of starvation as a weapon of war is a crime of genocide under Article 2 of the 1948 Genocide Convention,' the statement asserted. The GMO held Israel and its political and military allies, including the United States, the United Kingdom, Germany, and France, fully responsible for war crimes and their catastrophic consequences on civilian life. It urged the international community, the UN, and the UN Security Council to step in immediately to end the starvation campaign, lift the Israeli blockade, and unconditionally reopen all crossings to let in food, medicine, fuel, and humanitarian aid. The statement further urged the dispatch of independent international missions to document the alleged crimes, prosecute Israeli officials in international courts, and impose binding measures to halt what it described as 'aggression and genocide.' 'The continued silence of the international community amounts to complicity,' the GMO concluded. 'It fosters a culture of impunity and emboldens Israel to persist in committing crimes against humanity against a defenseless and besieged population.' Israel has been waging a widespread war of genocide against Palestinians in the Gaza Strip since October 7, 2023, including killing, destruction, starvation, and forced displacement, ignoring all international calls and orders from the International Court of Justice to stop. This Israeli war, supported by the United States, has left more than 172,000 Palestinians dead and wounded, most of them children and women, and more than 11,000 missing. Shortlink for this post:
Sharjah 24
09-05-2025
- Politics
- Sharjah 24
Experts: ICJ dismissal of Port Sudan case v. UAE grounded in law
Article 9 of the 1948 Genocide Convention Article 9 of the 1948 Genocide Convention grants the ICJ jurisdiction over disputes between states concerning the interpretation, application, or fulfillment of the Convention. However, when the UAE acceded to the Convention, it made an explicit reservation to this article, stating that it does not accept the automatic jurisdiction of the ICJ regarding disputes arising under the Convention. This reservation constitutes a legal barrier to such proceedings, thereby undermining the legal basis and validity of the claim. The reservation reflects the UAE's approach to preserving its judicial sovereignty while reaffirming its full commitment to the objectives of the Convention in preventing genocide. The UAE is not alone in making such a reservation—15 other countries have taken similar positions for reasons related to national sovereignty. Among these countries are the United States, India, the Philippines, Bahrain, Singapore, and Malaysia. Numerous French legal experts have confirmed that the reservation aligns with the provisions of the 1969 Vienna Convention on the Law of Treaties Numerous French legal experts have confirmed that the reservation aligns with the provisions of the 1969 Vienna Convention on the Law of Treaties, which allows states to enter reservations to specific provisions of international treaties, provided these do not contradict the treaty's essential purpose. Since Article 9 does not pertain to the core provisions dealing directly with the criminalisation or prevention of genocide, the reservation is legally valid. French experts noted that the UAE 'adopted a disciplined legal approach' and that the Court 'found nothing in the SAF's filing that could override the immunity conferred by the Article 9 reservation.' Jean-Paul Leblanc, Professor of International Law at Sorbonne University, stated: "This ruling proves that legal reservations, when carefully constructed, are effective before international courts. The United Arab Emirates has been committed to adhering to international law since joining the convention." For her part, Claire Dumar, Vice President of the European Centre for Prevention of Conflicts, based in Paris, and a specialist in international conflict issues, affirmed that the ICJ decision sets an important legal precedent, affirming the principle of state sovereignty in relation to internationally recognised legal reservations. It also sends a message to states attempting to use international courts as political tools: procedural rigor and legal compliance are the keys to success in this domain." She further asserted that the ICJ's rejection of SAF's case represents 'not only a legal victory for the UAE but also an affirmation of the principle of respecting state sovereignty and rejecting the use of international justice as a tool for political pressure.' She added: "It is clear the Court intended to send a message that politically motivated allegations—no matter how legally framed—must still meet the strict procedural and jurisdictional standards required by international law. The UAE successfully dismantled the legal facade of the claim by presenting a strong case based on its reservation to Article 9 of the Genocide Convention." She noted that the Court 'effectively cleared the UAE of accusations of interference or involvement in Sudanese affairs,' explaining that 'the ICJ found nothing in the claim to prove a breach of international obligations—neither substantively nor procedurally.' She emphasised that the decision 'restores balance to the logic of using international justice,' and encourages the 'depoliticisation of international courts and discourages their use for settling diplomatic or media disputes.' She concluded that the UAE's legal victory in The Hague enhances its image as a state that 'respects international legitimacy and conducts its foreign policy within legal frameworks, even in the face of politically and legally complex accusations.' She also noted that this victory will give the UAE 'greater diplomatic and humanitarian space in the region, following the Court's confirmation that the country was not involved in supporting any acts of genocide or violating international treaties.' According to her, this strengthens 'the UAE's position as a responsible international actor that respects the law.' She reiterated that the decision sets a significant legal precedent and reinforces the principle of state sovereignty regarding internationally recognised legal reservations.
The Intercept
03-05-2025
- Politics
- The Intercept
EU President Should Be Tried for Complicity in Israel's War Crimes, Says Top UN Expert on Palestine
Support Us © THE INTERCEPT ALL RIGHTS RESERVED European Commission President Ursula von der Leyen speaks to media in Brussels, Belgium, on October 26, 2023. Photo: Nicolas Economou/NurPhoto via Getty Images As the International Court of Justice takes its next steps on investigating and prosecuting war crimes in Israel's war on Gaza, the top expert on Palestine at the United Nations is pushing for even more international accountability. In a wide-ranging exclusive interview with The Intercept, U.N. special rapporteur for the occupied Palestinian territories Francesca Albanese, called for top European Union officials — including European Commission President Ursula von der Leyen — to face charges of complicity in war crimes over their support for Israel during its 18-month assault on Gaza. 'They will have to understand that immunity cannot equate with impunity. ' 'The fact that the two highest figures of the EU continue business as usual engagements with Israel is beyond deplorable,' Albanese said. 'I'm not someone who says, 'History will judge them' — they will have to be judged before then. And they will have to understand that immunity cannot equate with impunity.' Israel has killed more than 50,000 people and destroyed almost all of Gaza's civilian infrastructure since an attack by Hamas in October 2023. Most of the dead were civilians — including tens of thousands of women and children. Israel's initial aim of returning hostages taken by Hamas morphed into a U.S.-backed vision for ethnically cleaning Palestinians from Gaza. To that end, Israel's army has intensified lethal attacks, along with a watertight embargo on food, water, electricity, and aid. 'It is impossible not to see this as an intent to exterminate,' the EU's former foreign affairs chief Josep Borrell wrote late last month. A complaint against the Leyen, the European Commission president, was filed at the International Criminal Court last May for complicity in war crimes and crimes against humanity in Gaza. Since taking office in December, the bloc's new foreign affairs chief Kaja Kallas has blamed Hamas for an Israeli decision to end its ceasefire in March, continued normal diplomatic relations, and vowed to 'stand in solidarity with Israel.' 'The 1948 Genocide Convention calls upon signatories to not only punish but also prevent genocide,' said Mouin Rabbani, a Middle East analyst and non-resident fellow at the Center for Conflict and Humanitarian Studies. 'Here we have the two senior EU officials not only refusing to take even symbolic action to prevent genocide, but actively normalizing and supporting it in the full knowledge that their backing enables the crimes they nominally oppose.' 'So of course, Special Rapporteur Albanese's points and observations are spot on and entirely correct.' A spokesperson for the European Commission, the EU's executive body, insisted that the bloc was still commited to international law, arguing that the Europeans' business and diplomatic relations with Israel allowed officials to express their 'positions and concerns.' The spokesperson, Gioia Franchellucci, said, 'The association agreement with Israel is the legal basis of our ongoing dialogue with the Israeli authorities and it provides mechanisms to discuss issues and advance our point of views.' Late last year, The Intercept revealed that an internal report by a top EU human rights official called for European countries to suspend all political relations and arms trading with Israel due to evidence of war crimes. Beyond demanding accountability from EU leaders, Albanese said she is working on a report which will expose banks, pensions funds, tech companies, and universities for complicity in Gaza's destruction. 'All those implicated and involved in the unlawful occupation, in providing it with support, are aiding and abetting violations of international law and human rights violations and a number of these amount to crimes,' she said. 'There can be individual responsibility and individual liability for those who have been aiding and abetting or enabling such crimes.' Read our complete coverage Though the International Criminal Court has issued warrants for Israeli leaders including Prime Minister Benjamin Netanyahu, Middlesex University professor of international law William Schabas, an expert on genocide, said that prosecuting a senior EU figure would break with precedent. 'It's clear that there is a case,' he said. 'Not all of Israel's supporters around the world would be 'accomplices' but she's the head of a very important intergovernmental organisation and is encouraging Israel. But I think it's unreasonable to expect the prosecutor of the ICC to take it up because he's only issued a couple of arrest warrants identifying people in the Israeli government and hasn't shown any interest in going further afield than that.' Schabas added, 'Von der Leyen is clearly reflecting a position taken by many EU governments, which is one of very unconditional support of Israel, and they're doing this flying in the face of public information suggesting that Israel is commiting terrible crimes in Gaza and the West Bank.' The latest calls for legal accountability come as the International Court of Justice public hearing continues into Israel's obligations to allow humanitarian aid — and aid agencies — access to the occupied Palestinian territories. The court has previously ruled that Israel's actions in Gaza may plausibly amount to genocide and ordered Israel to allow in more aid. The issue has triggered global political upheaval and, while playing it down, Albanese said that she and her family have been subjected to death threats since her report 'Anatomy of a Genocide' was published in March 2024. 'I come from a place that taught me that the mafia kills through silence. It kills when people don't react to it.' 'My safety has become of a less of a certainty since since I presented my 'Anatomy of a Genocide' report,' Albanese said. 'I've received calls in the middle of the night making threats to me, my family members, my children. Of course, I can't tell you that I'm 100 percent safe. Of course I'm taking precautions. Of course, where I live, I have protection — you never know! — but at the same time, I won't let myself be paralyzed because of these mafia-style techniques.' 'I come from a place that taught me that the mafia kills through silence,' she said. 'It kills when people don't react to it. This is why I'm so motivated in what I'm doing. I will continue to speak until I have no more air in my lungs.' Join The Conversation
