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council on american islamic relations
South Africa Files 750 Pages of 'Overwhelming' Evidence in ICJ Genocide Case Against Israel
"The glaring genocide in Gaza is there for all who are not blinded by prejudice to see."
Oct 28, 2024
South Africa filed 750 pages of "overwhelming" proof that Israel is committing genocide in Gaza to the International Court of Justice in The Hague, Netherlands on Monday, the deadline for submitting final evidence in the ongoing trial.
South African Ambassador to the Netherlands Vusi Madonsela delivered the legal document—known as a memorial—to the ICJ headquarters in the Dutch city. Under the court's rules, the contents of the memorial cannot be made public at this time.
According to a statement from the office of South African President Cyril Ramaphosa, the memorial is a "comprehensive presentation of the overwhelming evidence of genocide in Gaza."
The office said the document "contains evidence which shows how the government of Israel has violated the Genocide Convention by promoting the destruction of Palestinians living in Gaza, physically killing them with an assortment of destructive weapons, depriving them access to humanitarian assistance, causing conditions of life which are aimed at their physical destruction, and ignoring and defying several provisional measures of the International Court of Justice, and using starvation as a weapon of war and to further Israel's aims to depopulate Gaza through mass death and forced displacement of Palestinians."
"The evidence will show that undergirding Israel's genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself, and its failure to punish those inciting and committing acts of genocide," Ramaphosa's office added.
South Africa's filing comes amid Israel's ongoing 387-day assault on Gaza, which according to Palestinian and international agencies has killed at least 43,020 people—most of them women and children. At least 101,110 others have been wounded and over 10,000 Gazans are missing and believed dead and buried beneath the rubble of hundreds of thousands of bombed homes and other structures. Millions more Palestinians have been forcibly displaced, starved, or sickened by Israel's invasion and "complete siege" of Gaza.
The filing also comes one week after senior members of Israeli Prime Minister Benjamin Netanyahu's far-right Cabinet and national lawmakers spoke at a conference advocating the ethnic cleansing and recolonization of Gaza.
Ramaphosa's office lamented that "Israel has been granted unprecedented impunity to breach international law and norms for as long as the United Nations Charter has been in existence."
"Israel's continued shredding of international law has imperiled the institutions of global governance that were established to hold all states accountable," the presidency's statement asserted. "The glaring genocide in Gaza is there for all who are not blinded by prejudice to see."
Ramaphosa's statement continues:
The Palestinian struggle against imperialism, Israeli apartheid, and settler colonialism is the daily reality of the Palestinian people. Since 1948, they have faced various forms of colonization, often backed by historical colonial powers and, more recently, by states intent on shaping a world order in their interests. The global fight against settler colonialism persists in some parts of the world, including in occupied Palestine, both in Gaza and the West Bank. The international community cannot stand idly by while innocent civilians—including women, children, hospital workers, humanitarian aid workers, and journalists—are killed for simply being. That is a world we cannot accept.
"We reiterate our appeal for an immediate cease-fire in Palestine, in Lebanon, and entire region, and the start of a political process to ensure a just and lasting peace," Ramaphosa's office added.
South Africa also thanked the more than 30 countries and regional blocs, including the African Union and Arab League, that are supporting its case.
It could take years for the ICJ to deliver judgment in the case. In July, the tribunal issued a nonbinding advisory opinion that Israel's occupation of Palestine—including the West Bank, Eastern Jerusalem, Gaza, and Syrian Golan Heights—is an illegal form of apartheid that must end "as rapidly as possible."
South Africa's filing came on the same day that Francesca Albanese, the U.N. special rapporteur on the situation of human rights in the occupied Palestinian territories, published a report on Israeli "genocide as colonial erasure" in Palestine.
Israel vehemently denies it is committing genocide in Gaza, a position shared by the Biden administration, the country's main benefactor.
Palestine advocates welcomed Monday's filing, with Council on American-Islamic Relations national executive director Nihad Awad thanking South African leaders "for helping expose the far-right Israeli government's genocide and genocidal intent in Gaza to the world community."
"This detailed submission also further exposes the Biden administration's criminal complicity with Israel's genocide in Gaza," Awad added. "President [Joe] Biden should end his complicity with genocide by stopping arms deliveries to Israel and forcing an immediate cease-fire."
The Biden administration and Congress have provided Israel with tens of billions of dollars worth of armed aid and diplomatic cover to continue its war.
Francis Boyle, a professor of international law at the University of Illinois College of Law, noted that "Israel has violated three prior orders from the court" and "has also violated the decision on Rafah of May."
"Just after that decision, Biden put out his ridiculous statement that Israel had agreed to a cease-fire, which it obviously didn't," he continued. "The Biden administration's phony 'cease-fire negotiations' maneuvers have simply bought Israel more time to commit more crimes, including its recent annihilation of northern Gaza."
"Given Israel's lack of respect for decisions of the court, it becomes imperative that these decisions have teeth," Boyle added. "The U.S. veto at the U.N. Security Council has prevented that body from doing its job. So, the U.N. General Assembly should utilize its Uniting for Peace procedure to take control of the situation and recommend an arms embargo and economic sanctions against Israel as well as other measures. That's what was done to apartheid South Africa because of its illegal occupation of Namibia."
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14 Children From Same Family Among at Least 38 Killed by Israeli Strike on Gaza
"There is apparently no limit to the crimes against humanity that Biden administration officials will support or excuse," said one observer.
Oct 25, 2024
Dozens of Palestinians including many children from the same family were killed in an overnight Israel Defense Forces airstrike on their homes in the southern Gaza Strip following an IDF attack on a hospital in northern Gaza, where a number of children died after their oxygen was cut off.
Reutersreported Friday that Israel Defense Forces (IDF) strikes across Gaza have killed at least 72 Palestinians since Thursday night. At least 38 members of the al-Farra family, including women and 14 children, were killed when Israel bombed their residences in Khan Younis. Multiple local and international media outlets reported the children—whose bodies were intact after the strike—suffocated to death.
Some Palestine advocates slammed the Biden administration—which has approved tens of billions of dollars worth of military aid for Israel and provides diplomatic cover for its war—for unconditionally supporting the government of Israeli Prime Minister Benjamin Netanyahu.
"If the slaughter of babies in hospitals and children in their sleep does not shock the conscience of the Biden administration officials supporting the far-right Israeli government's genocide in Gaza, nothing will," Nihad Awad, the national executive director of the Council on American-Islamic Relations, said in a statement Friday.
Warning: The following video contains images of dead children.
"What crime would Israel have to commit that would end the Biden administration's complicity in genocide?" Awad added. "There is apparently no limit to the crimes against humanity that Biden administration officials will support or excuse."
Israel's 385-day assault on Gaza—which is the subject of an International Court of Justice genocide case—has left tens of thousands of children dead, maimed, missing, or orphaned and hundreds of thousands more forcibly displaced, starved, or sickened. Experts also say the war has wrought the "complete psychological destruction" of Gaza's children.
According to the United Nations Children's Fund (UNICEF), Gaza is "the world's most dangerous place to be a child." For the first time, U.N. Secretary-General António Guterres this year added Israel to his "list of shame" of countries that kill and harm children during wars and other conflicts.
Overall, nearly 43,000 Palestinians—mostly women and children—have been killed by Israeli bombs and bullets, with more than 100,000 others wounded and at least 10,000 more believed dead and buried beneath the rubble of hundreds of thousands of bombed-out homes and other buildings.
Israeli forces also attacked the Kamal Adwan Hospital in Beit Lahia, northern Gaza, on Thursday after besieging the facility for days. Eyewitnesses said IDF tanks and bulldozers repeatedly entered the hospital compound and fired on the facility, damaging the intensive care unit with sick children inside and the storage tanks that provide its water and oxygen supplies. Hospital staff and wounded patients were reportedly kidnapped by IDF troops.
According toAl Jazeera, a number of children including babies died in the hospital due to a lack of oxygen.
"All departments of the hospital are under direct shelling," director Dr. Hussam Abu Safia
toldCNN. "Instead of receiving aid, we are receiving tanks."
Kamal Adwan is one of only three minimally functional hospitals in northern Gaza, where Israeli forces have been carrying out an offensive that has left thousands of Palestinians dead or wounded in recent weeks.
On Friday, World Health Organization Director-General Tedros Adhanom Ghebreyesus said that WHO officials have "lost touch with the personnel there."
"This development is deeply disturbing given the number of patients being served and people sheltering there," Tedros added.
The IDF said in a statement Friday that its assault on Kamal Adwan Hospital is "based on intelligence information regarding the presence of terrorists and terrorist infrastructure" and claimed it has "facilitated the evacuation of patients from the area while maintaining emergency services."
However, Abu Safia said Thursday that "we lose at least one person every hour because of the lack of medical supplies and medical staff."
"Our ambulances can't transfer wounded people," he added. "Those who can arrive by themselves to the hospital receive care, but those who don't just die in the streets."
UNICEF spokesperson James Elder said Friday that "children are being medically evacuated from Gaza at a rate of fewer than one child per day."
"If this lethally slow pace continues, it would take more than seven years to evacuate the 2,500 children needing urgent medical care," he continued. "As a result, children in Gaza are dying—not just from the bombs, bullets, and shells that strike them—but because, even when 'miracles happen,' even when the bombs go off and the homes collapse and the casualties mount, but the children survive, they are then prevented from leaving Gaza to receive the urgent care that would save their lives."
"This is not a logistical problem—we have the ability to safely transport these children out of Gaza," Elder added. "It is not a capacity problem—indeed, we were evacuating children at higher numbers just months ago. It is simply a problem that is being completely disregarded."
Fikr Shalltoot, Gaza director at the U.K.-based charity Medical Aid for Palestinians, said in a statement Friday that "this assault on Kamal Adwan Hospital is yet another atrocity by Israel that is eradicating Palestinian life in Gaza."
"Patients in need of lifesaving care are now left helpless under siege," Shalltoot added. "Healthcare workers, who should be able to provide care with dignity, are now fearing for their lives."
The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory recently released a report concluding that "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."
Israel's intensified assault on Gaza comes as U.S. Secretary of State Antony Blinken vowed during a meeting with Arab leaders in London to work with "real urgency" toward a cease-fire.
Jordanian Foreign Minister Ayman Safadi, who attended the meeting, admonished Blinken: "We look at northern Gaza and we do see ethnic cleansing taking place, and that has got to stop."
Many observers including IDF participants in the war believe that Israel has implemented the so-called "General's Plan," a blueprint for the starvation and forced expulsion of Palestinians from northern Gaza. Hundreds of Israelis including senior government officials recently attended a conference geared toward ethnically cleansing and recolonizing Gaza.
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Israel's Use of Human Shields in Gaza Sparks Calls for US Probe
"The State Department and the Department of Justice must investigate these credible charges of widespread and systematic human rights abuses," the head of one Muslim American advocacy group said.
Oct 21, 2024
The Israel Defense Forces' use of Palestinians—who are often handcuffed and forced to wear IDF uniforms—as human shields prompted the leading U.S. Muslim advocacy group on Monday to call on the Biden administration to investigate what experts say is a war crime by the No. 1 recipient of American military aid.
International law prohibits the use of combatants or civilians as human shields. However, numerous reports have emerged during Israel's yearlong assault on Gaza—which has left more than 152,000 Palestinians dead, wounded, or missing and is the subject of an International Criminal Court genocide case led by South Africa—of IDF troops forcing captured Palestinians, including children, to protect Israeli forces in life-threatening situations.
"The State Department and the Department of Justice must investigate these credible charges of widespread and systematic human rights abuses by military forces that receive weapons paid for by American taxpayers and used against a civilian population," Nihad Awad, the national executive director of the Council on American-Islamic Relations, said in a statement.
"These abuses, and the obvious and open ethnic cleansing of Gaza, violate our nation's laws," Awad added. "The Biden administration's complicity with this genocide stains our national reputation and will haunt our diplomats for generations to come when they are told to 'remember Gaza' whenever they bring up the subject of human rights."
International media outlets including Al Jazeera, the Israeli newspaper Haaretz, Britain's The Guardian, and The New York Times have reported how Israel uses abducted Palestinian militants and civilians to proceed ahead of IDF troops in underground tunnels and buildings in order to protect their captors during life-threatening missions.
In May, a report published by Defense for Children International-Palestine revealed that Palestinian minors are forced to walk ahead of IDF soldiers during dangerous raids. Subsequent Al Jazeera reports of a Palestinian strapped to the hood of an Israeli combat vehicle to deter attack and Gazans being sent into buildings and tunnels to ensure the locations weren't rigged with explosives sparked international outrage and initial IDF denials.
"It's hard to recognize them. They're usually wearing Israeli army uniforms, many of them are in their 20s, and they're always with Israeli soldiers of various ranks," Haaretzreported in August. But upon closer examination, "you see that most of them are wearing sneakers, not army boots. And their hands are cuffed behind their backs and their faces are full of fear."
According to an Al Jazeeraarticle published Sunday:
By dressing Palestinian civilians in Israeli military uniforms and casting them as combatants the Israeli military purposefully conceals their vulnerability. It deploys them as shields not to deter Palestinian fighters from striking Israeli soldiers, but rather to draw their fire and thus reveal their location, allowing the Israeli troops to launch a counterattack and kill the fighters. The moment these human shields, masked as soldiers, are sent into the tunnels, they are transformed from vulnerable civilians into fodder.
One 35-year-old Palestinian man, who declined to be identified by his real name for fear of his life, told The Guardian that "the Israeli soldiers put a GPS tracker on my hand and told me: 'If you try to run away, we will shoot you. We will know where you are.'"
"I was asked to go to knock on the doors of four houses and two schools and ask people to leave—women and children first and then the men," he added. "At one of the schools, the situation was very dangerous. I shouted to everyone in the school to leave quietly, but at that moment there was heavy shooting by the Israeli army and I thought I was going to die."
Former IDF soldiers told The New York Times that IDF commanders instructed them that "the lives of terrorists were worth less than those of Israelis—even though officers often concluded their detainees did not belong to terrorist groups and later released them without charge."
Israel denies it uses Palestinian civilians as human shields, despite video evidence of IDF troops doing so in both Gaza and the illegally occupied West Bank.
"The orders and directives of the IDF prohibit the use of Gazan civilians captured in the field for military missions that endanger them," the IDF said in August. "The protocols and orders have been clarified to the troops on the ground."
However, IDF troops have confirmed the practice.
"From what we understand it was a very widely used protocol, meaning there are hundreds of Palestinians in Gaza who have been used as human shields," former IDF sniper Nadav Weiman, who is now a director at Breaking the Silence, an Israeli veterans' group that exposes war crimes, toldThe Guardian.
"Palestinians are being grabbed from humanitarian corridors inside Gaza... and then they're being brought to different units inside Gaza—regular infantry units, not special forces," Weiman said. "And then those Palestinians are being used as human shields to sweep tunnels and also houses. In some cases, they have a GoPro camera on their chest or on their head and in almost all of the cases, they are cuffed before they are taken into a tunnel or house to sweep and they are dressed in IDF uniform."
The Biden administration provides Israel with tens of billions of dollars in military aid and shields its ally from international accountability by wielding its United Nations Security Council veto power to block cease-fire resolutions. Administration spokespeople have deflected questions about the IDF's use of human shields by deferring to Israeli investigations in which perpetrators are rarely punished.
In 2002, the Israeli High Court of Justice issued a temporary injunction prohibiting the use of human shields in operations to quash the Second Intifada, or general uprising. Some IDF soldiers ignored the injunction, according to the Israeli human rights group B'Tselem.
In 2010, two staff sergeants in the Givati Brigade were convicted of forcing a 9-year-old Palestinian boy to open bags they thought might contain explosives during the 2008-09 Operation Cast Lead invasion of Gaza. The staff sergeants were slapped on the wrists with suspended sentences and demotions. Neither went to prison.
Michael Schmitt, a professor of international humanitarian law at the U.S. Military Academy at West Point, New York, toldThe New York Times last week that "in most cases," what Israel is accused of "constitutes a war crime."
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