Murder

Why This Is Plainly a Genocide in Gaza

A view of the damage while the Israeli attacks continue in Rafah, Gaza, on 14 December 2023. Photo credit: Abed Rahim Khatib

Al Jazeera are leading their news with the execution of Palestinian civilians, including women and toddlers, inside the school in Jabalia where they were sheltering. They were all shot at point blank range, with no signs of a bomb or missile strike.

On the BBC, the Daily Politics show—which consists of discussion between senior British MPs—does not discuss Palestine at all, because the British political class supports the genocide, so for them there is nothing to discuss.

Also in Jabalia, the Israelis today destroyed the last remaining bakery.

It is worth stating why this is plainly a genocide in Gaza:

1) Deliberate destruction of the infrastructure which supports the civilian population, including water treatment, electricity, sewerage systems, bakeries and fishing boats;

2) Deliberate destruction of almost all medical facilities;

3) Deliberate destruction of educational facilities, from universities to primary schools;

4) Deliberate destruction of the infrastructure of civil society, including Supreme Court, Parliament, Ministries and Council buildings and deliberate destruction of administrative records;

5) Deliberate blocking of food aid inducing mass starvation;

6) Massive and indiscriminate bombardment. In wars the general percentage of children among those killed varies from 6 to 8%. In Ukraine it is 6%. In Gaza it is 42%. This is indiscriminate destruction of an ethnic group;

7) Mass executions of civilians;

8) Acts of dehumanisation of the Palestinians, including parading prisoners naked for public and media show and humiliation, beating and sexually abusing them;

9) Forced mass movement of population;

10) Deliberate targeting of religious and cultural heritage buildings;

11) Deliberate targeting of intellectual leadership, including journalists, doctors, poets, university lecturers and senior administrators;

12) Numerous declarations of open genocidal intent from the President and Prime Minister down through almost the entire fabric of both civilian and military establishment.

This is the official definition of Genocide in international law, from the Convention on the Prevention and Punishment of the Crime of Genocide:

Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group

Yesterday I attended a session called by Palestine at the United Nations in Geneva. Over 120 states attended. While the formal session consisted of statements of national position with few surprises, I was able to discuss with a large number of delegates in the corridors why the Genocide Convention has not been activated triggering a reference to the International Court of Justice.

The answer is now clear to me. It is not that people are worried that a claim of genocide will not be successful at the International Court of Justice. It is that everybody is quite sure it will succeed. There is no respectable argument that this is not a genocide in the terms outlined above.

The problem is that once the ICJ has determined that this is a genocide, it follows that not only are Netanyahu and hundreds of senior Israeli officials and military personally liable, but it is absolutely plain that “Genocide Joe” Biden, Sunak and members of their administrations are also criminally liable for complicity, having provided military support for the genocide.

The International Criminal Court cannot ignore a judgment of genocide from the International Court of Justice and will have no choice but to issue arrest warrants.

A genocide is the worst of crimes. Just how appalling this one is has been shown to the world like never before, through the power of social media.

But to the global 1% whose interests rule the world, no number of dead Palestinians makes any real difference to their interests. On the other hand, the ramifications for the international system of wealth concentration, if western political elites start to be held accountable for their crimes, are uncertain and therefore carry more risk. This is particularly the concern of ruling classes of both Western and Arab states.

It may sound astonishing, but to the world’s diplomats the enormity of a genocide appears less troubling than the enormity of doing something about it.