Measured Yet Damning: The ICJ’s Genocide Ruling on Israel by Michael Lynk

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  • When the ICJ delivered its remarkable judgement two weeks later, in late January, its measured tones masked a damning verdict. The Court largely accepted South Africa’s narrative about Israel’s conduct of its military operations against Gaza. It dismissed Israel’s argument that there was no “dispute” between the two countries, holding that South Africa had issued a number of both bilateral and public statements since October that Israel’s actions amounted to a violation of the Genocide Convention. In its view, this gave the Court jurisdiction to hear the merits of South Africa’s claim. More importantly, the ICJ ruled that at least some of Israel’s military operations in Gaza could plausibly amount to genocide under the Convention, opening the door for the order of provisional measures against Israel.

Continue reading at https://dawnmena.org/measured-yet-damning-the-icjs-genocide-ruling-on-israel/

Palestinian rights advocacy and international law by Alex Neve

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.

UN Experts and more than 800 international law and genocide scholars have characterized Israel’s current military assault on Gaza as giving rise to a risk of, or even amounting to an unfolding, genocide,[21] defined by the UN Convention on the Prevention and Punishment of the Crime of Genocide and Rome Statute as certain acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.”[22] Legal experts have also provided detailed opinions on this question in the context of litigation that has been commenced in the United States, alleging that US officials have breached their duty to act to prevent genocide.[23] That includes an opinion from Canadian academic William Schabas, widely recognized to be one of the world’s leading legal authorities with respect to genocide.[24].

…As stated by Richard Falk, Albert G Milbank Professor Emeritus of International Law at Princeton University and former UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967: “In the end, we are left with the imperative of protecting free speech, especially in calling genocide genocide, and with a challenge to take all responsible action to end this scourge by actions that go beyond words of lament and condemnation, and consider what forms of boycott, divestment, and sanctions can be brought to bear to stop genocide in Gaza.”[45]

The treatment of Palestinian rights advocacy as hateful, racist, discriminatory, defamatory, or otherwise wrongful inverts both fact and law. When such advocacy calls for action to address ongoing gross violations of the international protected rights of Palestinians, including with respect to apartheid and genocide, and draws attention to Canada’s continuing abdication of its international legal obligations, far from being restricted or limited, speech of that nature should be respected and protected.

Continue reading at https://www.alexneve.ca/blog/palestinian-rights-advocacy-international-law

Protecting Human Rights in Occupied Palestine: Working through the United Nations on Friends of Sabeel North America hosting UN Rapporteurs Michael Lynk, Richard A. Falk, and Francesca Albanese

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.

“What we’re experiencing now is the attempted end of the long game of the Zionist project. And by that I mean: Netanyahu’s government is, I think, not something that he would like to have be more moderate. He has these extremists given strategic positions that are necessary to do in order to sustain his coalition, so that they could do the dirty work. He could stand by and puroport to be trying to moderate what was happening and keep good relations with the US and so on. It’s a little bit hard for him to do it and be with the genocidal kinds of settler violence that has been encouraged by members of the Netanyahu government. But what we’re seeing, I think, is this last phase of a settler colonial project… I agree with Michael [Lynk] that the UN is crucial in establishing what the proper contours of behavior are in a situation of this sort. It cannot change the behavior, but it can create symbolic understanding that is extremely important for civil socioety. Because it relies on this more objective presentation of the relevance of international law, the responsibility of civil society, the need for global solidarity that imposes real cost on Israel for continuing on this path of apartheid with its genocidal implicanions. (40:17)

Continue watching at https://www.youtube.com/watch?v=htM29i2_ST4&t=2030s

Joint Submission to the United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967, Mr Michael Lynk, on Accountability by Al-Haq, Al Mezan, Addameer, The Cairo Institute, Habitat International Coalition

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“Request, through the General Assembly, an Advisory Opinion from the ICJ on the treatment of the Palestinian people and the OPT, including, inter alia, the ongoing annexation of East Jerusalem, and the imminent annexation of vast swaths of the West Bank, the ongoing and prolonged closure of the Gaza Strip, the construction and maintenance of an institutionalised regime of racial domination and oppression, amounting to the crime of genocide, over the Palestinian people as a whole, the systematic denial of the right of return of Palestinian refugees and exiles abroad, and the responsibilities of Third States of non-recognition, non-assistance, and the obligation to cooperate the bring the unlawful situation to and end;”

Continue reading at https://www.addameer.org/sites/default/files/upload/joint_submission_to_unsr_michael_lynk_on_accountability.pdf

Gaza 2020: Has the Palestinian territory reached the point of no return? by Megan O’Toole

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In 2012, a United Nations report painted a bleak picture of the Gaza Strip and the conditions facing its Palestinian inhabitants.

…It is now almost 2020. The UN’s projections about Gaza’s ballooning demands have proven largely accurate – but the delivery of essential services has failed to catch up.

…Michael Lynk, the UN’s special rapporteur on human rights in the Palestinian territories, told MEE: “The prediction of unliveability has already arrived. The common measuring stick used by the UN or any other international organisation to be able to evaluate how people live is human dignity, and Gaza has been without human dignity for years now.”

…Haidar Eid, an associate professor at Al-Aqsa University in Gaza, described Israel’s policy towards Palestinians in the enclave as “genocidal”. 

…with the continuing population growth, service reduction and soaring unemployment, Gaza may be approaching a point of no return. Sara Roy, a senior research scholar at Harvard University’s Center for Middle Eastern Studies, told MEE: “The term ‘unliveable’… is meant as an alarm bell for the international community, but that bell has been ringing for a long time.” The warning, she said, has been ignored amid international indifference and humanitarian interventions that merely serve as a substitute for human rights. “Without the unencumbered movement of people and goods,” Roy said, “Gaza will be condemned to continued ruination.” 

Continue reading at https://www.middleeasteye.net/news/what-is-gaza-2020-un-report-uninhabitable-unliveable-blockade