Activating the Genocide Convention

There are 149 states party to the Genocide Convention. Every one of them has the right to call out the genocide in progress in Gaza and report it to the United Nations. 

In the event that another state party disputes the claim of genocide — and Israel, the United States and the United Kingdom are all states party — then the International Court of Justice is required to adjudicate on “the responsibility of a State for genocide.”

These are the relevant articles of the genocide convention:

Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.”

Note that here “parties to the dispute” means the states disputing the facts of genocide, not the parties to the genocide/conflict. Any single state party is able to invoke the convention.

There is no doubt that Israel’s actions amount to genocide. Numerous international law experts have said so and genocidal intent has been directly expressed by numerous Israeli ministers, generals and public officials.

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Israel’s Other War: Ethnic Cleansing in the South Caucasus

Over the past month, legacy and social media have been saturated with reports of the Netanyahu regime’s war on Gaza, which is being met with growing calls from the international community to invoke the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

Less known, however, is the role the Israeli government has played in another genocide that took place in West Asia only a month and a half ago. This genocide, little noted in the Western press, involved the ancient Christian community of Armenians in Nagorno-Karabakh, known within Armenia as the Republic of Artsakh, that was ethnically cleansed by the Ilham Aliyev, the Shia dictator of Azerbaijan, in late September and early October. The muted response to Azerbaijan’s crime might plausibly be chalked up to the strength of its well-funded and influential lobby in Washington which profits off of the oil and gas revenue generated by SOCAR, the State Oil Company of the Azerbaijan Republic. SOCAR has links to the Podesta Group (co-founder John Podesta currently serves as a senior adviser to President Biden), lobbying powerhouse BGR Government Affairs, LLC, as well as numerous think tanks and academics associated with, among others, The Johns Hopkins University School of Advanced International Studies (SAIS) and the American Foreign Policy Council.

Yet another reason for the subdued response by Washington is the well documented ‘special relationship’ between the 51st US state, Israel, and Azerbaijan. A discussion I had last week with the Armenian academic Dr. Benyamin Poghosyan, who serves as Chairman of the Center for Political and Economic Strategic Studies and Senior Research Fellow on Foreign Policy at the Applied Policy Research Institute (APRI) of Armenia, shed some light on the role the Israeli government and its defense industry has played in enabling Azerbaijan – and why.

The relationship between the two countries began to deepen around 15 years ago when Azerbaijan, flush with revenue from its oil and gas deposits in the Caspian basin, began looking to purchase advanced weapons systems.

According to Poghosyan, “as late as September 2023, just before the most recent Azerbaijani attackseveral cargo planes went to Israel and came back to Azerbaijan full of weapons. And there is even information that Israel continued to supply weapons to Azerbaijan even after October 7th.”

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Israel admits burning hundreds of people on 7 October

On Thursday, MSNBC host Mehdi Hasan challenged Israeli government spokesperson Mark Regev about the many lies and false claims that Israel has made to justify its genocidal bombing and invasion of Gaza.

While attempting to parry Hasan’s challenges, Regev told many more lies, trying to change the subject and shift the blame for the horrifying toll away from Israel and onto Israel’s Palestinian victims.

But Regev made one admission whose significance neither Regev nor Hasan appears to have recognized.

Regev was trying to make the point that Israel – supposedly unlike Hamas – can be trusted because when Israel makes a mistake, it admits it.

Regev gave this example: “We originally said, in the atrocious Hamas attack upon our people on October 7th, we had the number at 1,400 casualties and now we’ve revised that down to 1,200 because we understood that we’d overestimated, we made a mistake. There were actually bodies that were so badly burnt we thought they were ours, in the end apparently they were Hamas terrorists.”

Earlier this month, Israel did in fact revise down the number of Israelis it says were killed on 7 October to “around 1,200.”

Although it has offered no direct evidence, Israel has claimed that Hamas fighters burned Israeli civilians en masse, in atrocities not seen since the Holocaust.

Israel has also never explained how Palestinians fighters could have achieved this or caused the enormous damage to Israeli houses with only the light weapons they were generally seen carrying.

It simply makes no sense that 200 bodies burned beyond recognition that Israel thought were Israeli civilians could turn out to be Hamas fighters unless Israel killed people indiscriminately.

Obviously Hamas fighters did not set themselves on fire and burn themselves beyond recognition. And Israel must know the circumstances in which these people died.

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U.S. MILITARY IS SECRETLY SUPPLYING WEAPONS TO ISRAEL USING UK BASE ON CYPRUS

Respected Israeli newspaper Haaretz has reported that over 40 US transport aircraft, 20 British transport aircraft and seven heavy transport helicopters have flown to RAF Akrotiri, Britain’s vast base on Cyprus, carrying equipment, arms and forces.

RAF Akrotiri has long been the staging post for British military operations and bombing campaigns in the Middle East. It sits 180 miles from Tel Aviv with a flight time of 40 minutes. 

The planes have been loaded with cargo from strategic depots belonging to the US and NATO in Europe, Haaretz reported. Around half the US flights are said to be “delivering military aid”. 

Declassified has found these US weapons and equipment are likely being delivered to RAF Akrotiri from US bases in Turkey, Spain and Germany.

On October 18 and 24, the US flew two huge C-17A Globemaster military transport vehicles to RAF Akrotiri from its air base at Rota in southern Spain. On October 25, the US flew another C-17 to Akrotiri from Ramstein air base in Germany, the site of NATO’s air command. 

The C-17 is capable of transporting 134 personnel and many types of military equipment, including Abrams tanks and Black Hawk helicopters. The US military notes that the C-17’s role is to “rapidly project and sustain an effective combat force close to a potential battle area”.

On November 5, a US C-130J Hercules military transport aircraft flew from Adana in southern Turkey to RAF Akrotiri. Adana is home to the Incirlik air base, a major US facility with 5,000 American personnel. The Hercules can carry 128 combat troops and 19,600kg of cargo.

Declassified could find no US Air Force (USAF) planes arriving from these bases in the two months before the Gaza bombing campaign began. 

US planes landing at Nevatim Air Force Base – located in southern Israel near the Negev desert – have delivered arms for the Israel’s military, Haaretz also reported. In addition, US aircraft landing at Ben Gurion airport in Tel Aviv have carried, among other things, armoured vehicles.

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ISRAELI SPYWARE FIRM NSO DEMANDS “URGENT” MEETING WITH BLINKEN AMID GAZA WAR LOBBYING EFFORT

ON NOVEMBER 7, NSO Group, the Israeli spyware company infamous for its Pegasus phone-tapping technology, sent an urgent email and letter by UPS to request a meeting with Secretary of State Antony Blinken and officials at the U.S. State Department. 

“I am writing on behalf of NSO Group to urgently request an opportunity to engage with Secretary Blinken and the officials at the State Department regarding the importance of cyber intelligence technology in the wake of the grave security threats posed by the recent Hamas terrorist attacks in Israel and their aftermath,” wrote Timothy Dickinson, partner at the Los Angeles-based law firm Paul Hastings, headquartered in Los Angeles, on behalf of NSO. 

In the last two years NSO’s reputation has taken a beating amid revelations about its spyware’s role in human rights abuses. 

As controversy was erupting over its role in authoritarian governments’ spying, NSO Group was blacklisted by the U.S. Department of Commerce in November 2021, “to put human rights at the center of US foreign policy,” the agency said at the time. A month after the blacklisting, it was revealed that Pegasus had been used to spy on American diplomats

NSO’s letter to Blinken — publicly filed as part of Paul Hastings’s obligation under the Foreign Agents Registration Act — is part of the company’s latest attempt to reinvent its image and, most importantly, a bid to reverse the blacklisting. (Neither the State Department nor Paul Hastings responded to requests for comment.)

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U.S. WEAPONS TRANSFERS TO ISRAEL SHROUDED IN SECRECY — BUT NOT UKRAINE

ONE MONTH SINCE Hamas’s surprise attack, little is known about the weapons the U.S. has provided to Israel. Whereas the Biden administration released a three-page itemized list of weapons provided to Ukraine, down to the exact number of rounds, the information released about weapons sent to Israel could fit in a single sentence.

National Security Council spokesperson John Kirby acknowledged the secrecy in an October 23 press briefing, saying that while U.S. security assistance flows to Israel “on a near-daily basis,” he continued, “We’re being careful not to quantify or get into too much detail about what they’re getting — for their own operational security purposes, of course.”

The argument that transparency would imperil Israel’s operational security — somehow not a concern with Ukraine — is misleading, experts told The Intercept.

“The notion that it would in any way harm the Israeli military’s operational security to provide more information is a cover story for efforts to reduce information on the types of weapons being supplied to Israel and how they are being used,” William Hartung, a fellow at the Quincy Institute for Responsible Statecraft and expert on weapons sales, told The Intercept. “I think the purposeful lack of transparency over what weapons the U.S. is supplying to Israel ‘on a daily basis’ is tied to the larger administration policy of downplaying the extent to which Israel will use those weapons to commit war crimes and kill civilians in Gaza.”

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Israel’s Military Is Part of the U.S. War Machine

The governments of Israel and the United States are now in disagreement over how many Palestinian civilians it’s okay to kill. Last week — as the death toll from massive Israeli bombardment of Gaza neared 10,000 people, including several thousand children — top U.S. officials began to worry about the rising horrified outcry at home and abroad. So, they went public with muted misgivings and calls for a “humanitarian pause.” But Israel’s Prime Minister Benjamin Netanyahu made clear that he would have none of it.

Such minor tactical discord does little to chip away at the solid bedrock alliance between the two countries, which are most of the way through a 10-year deal that guarantees $38 billion in U.S. military aid to Israel. And now, as the carnage in Gaza continues, Washington is rushing to provide extra military assistance worth $14 billion.

Days ago, In These Times reported that the Biden administration is seeking congressional permission “to unilaterally blanket-approve the future sale of military equipment and weapons — like ballistic missiles and artillery ammunition — to Israel without notifying Congress.” And so, “the Israeli government would be able to purchase up to $3.5 billion in military articles and services in complete secrecy.”

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Israeli Knesset Passes Draconian Amendment to the Counter-Terrorism Law Criminalizing “Consumption of Terrorist Publications”

“One of the most intrusive and draconian legislative measures ever passed by the Israeli Knesset which invades the realm of personal thoughts and beliefs and significantly amplifies state surveillance of social media use. Adalah will petition the Supreme Court to challenge this law.”

Today, 8 November 2023, the Israeli Knesset passed an amendment to the Counter-Terrorism Law introducing a new criminal offense, namely the “consumption of terrorist materials”, with a maximum penalty of one year’s imprisonment. The amendment passed by a 13-4 majority.

The law amends Article 24 of Israel’s Counter-Terrorism Law to include a new offense, specified as the “systematic and continuous consumption of publications of a terrorist organization under circumstances that indicate identification with the terrorist organization”. This offense carries a penalty of up to one year’s imprisonment. The “specific publications” referred to in the law encompass expressions of praise, support, or encouragement of terrorist acts, direct calls to commit an act of terrorism, as well as documentation of an act of terrorism. Additionally, the bill designates Hamas and ISIS (the Islamic State) as the terrorist organizations to which this offense applies. The amendment also grants the Minister of Justice the authority to declare additional terrorist organizations for the purpose of this article, with the concurrence of the Minister of Defense and the approval of the Knesset’s Constitution, Law, and Justice Committee. The law was passed as a temporary order valid for two years.

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7 October testimonies strike major blow to Israeli narrative

New first-hand accounts from witnesses of Israel’s clashes with Hamas militants on 7 October suggest that, in their desperation to contain the surprise incursion, Israeli troops indiscriminately fired on their own citizens with heavy weaponry, resulting in potentially scores of Israeli deaths from so-called “friendly fire”.

Testimonies of eye witnesses and Israeli sources compiled by The Grayzone, contradicts the Israeli account of the events that unfolded on 7 October. The Occupation State has refused to reveal full details of the atrocities it claims to have been carried out by Hamas and, thus far, has only released selective information about the attack.

Unverified claims circulated by Israel that Hamas militants beheaded 40 babies on 7 October were widely rejected as propaganda which, critics argue, was designed to garner sympathy for Israel to carry out collective punishment of Gaza’s 2.2 million. However, a closer examination of events by The Grayzone tells a different story: one in which the Israeli military itself bears responsibility for numerous civilian deaths. The emerging details not only contradict the Israeli government’s version of events, but indicate that, in the chaos of battle, reckless Israeli fire likely led to significant casualties among the Israeli population.

According to Tuval Escapa, the security coordinator at Kibbutz Be’eri who set up a hotline between residents and the army,

Israeli commanders made “difficult decisions” including “shelling houses on their occupants in order to eliminate the terrorists along with the hostages

This was confirmed by Israeli civilian, Yasmin Porat, who survived a hostage standoff in Be’eri. She stated that, during intense clashes, Israeli Special Forces “undoubtedly” killed all remaining hostages, along with two surrendering Hamas militants using tank shells and frenzied gunfire.

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Yes, Anti-Israel Protests Are Free Speech

Last Friday, a group of college students penned a guest essay in The New York Times arguing that the wave of anti-Israel, pro-Palestine activity on many college campuses isn’tA New legitimate free expression—and that universities have a “moral responsibility” to combat it.

“Free speech, open debate and heterodox views lie at the core of academic life,” wrote Gabriel Diamond, Talia Dror, and Jillian Lederman, students at Yale, Cornell, and Brown respectively. “They are fundamental to educating future leaders to think and act morally. The reality on some college campuses today is the opposite: open intimidation of Jewish students. Mob harassment must not be confused with free speech.”

The authors point out several examples of clearly unprotected speech that have unfolded in recent weeks, such as online posts made by a Cornell student who threatened to “shoot up” a kosher dining hall, as well as several instances of physical violence against Jewish students.

However, many of the other examples the authors single out are blatantly First Amendment–protected expression.

“Masked students have chanted slogans such as ‘From the river to the sea, Palestine will be free,’ which many view as a call for the destruction of Israel. Others have shouted, ‘There is only one solution, intifada revolution,'” they write. Additionally, Diamond, Dror, and Lederman noted several examples of professors who made offensive statements about the terrorist attack, lamenting that “to the best of our knowledge, none of these professors have received meaningful discipline, much less dismissal.”

Despite their claimed commitments, the authors make a plain-faced call for censorship by invoking university speech codes.

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