The Potential and Limits of International Law in Achieving Accountability in Gaza by Noura Erakat at Georgetown University Qatar

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

“So as a note, this analysis, in particular, in regard to genocide as a legal framework- in particular- as inscribed in the 1948 convention. Right? Raises some problematics for us. the primary challenge is that something that legal scholar, Rabea Eghbariah, wrote about brilliantly and published in the nation when the Harvard Law Review refused to publish it, even after its editors accepted it, when he said, namely, that the Nakba is not an internationally recognized crime in international law. The Nakba features ethnic cleansing, apartheid, and- more recently- genocide. It combines hot and cold violence as it accomplishes territorial consolidation and genocidal expansion. And failure to examine the Nakba on its own terms has created this legal and analytical challenge for us now, which is a problem of legal translation. We have to describe the Palestinian condition through analogy and through drawing on legal frameworks that come from other geographic, social, political contexts. And although genocide and apartheid are universal, they remain closely associated with the case studies that canonize them, namely the Shoa at the hands of the Nazi regime and apartheid rule in South Africa. That is why we are often distracted by comparisons to either case studies as somehow relevant, as somehow telling us that 30,000 killed is not enough to prove genocide. As somehow telling us that because 20% of the Palestinian population that wasn’t ethnically cleansed has second-class citizenship, that it’s not apartheid. But we have to examine these, as we do as legal scholars, as treaties taken to a high level of abstraction and application. And still, absent the legibility of the Nakba in criminal law and absent a racial colonial analysis of Zionism- historically enshrined in UN General Assembly resolution 3379 of 1975 that condemned Zionism as a form of racism and racial discrimination and later rescinded by the Palestinian Liberation Organization in 1991 as a precondition for entering into the Oslo sovereignty trap- we are making our arguments today in translation as genocide and apartheid.”

Continue watching at https://youtu.be/CSrCtQs1gxI?si=RLNgxu1z7ZKe7XDu&t=954