Archive | Gaza

Nazi Soldiers Open Fire On Homes In Southern Gaza

NOVANEWS

gaza-fence-soldiers-e1471134740984A Palestinian child was reportedly injured on Friday evening after being struck by Nazi bullet in Beit Lahiya in the north of the Gaza Strip after Nazi forces opened live fire at homes in the area.

According to medical sources, the six-year-old girl was injured in her stomach, and described her injury as moderate.

The child was taken to al-Shifa hospital in Gaza city and was later transferred to a hospital in the north of the besieged enclave.

 

Posted in Palestine Affairs, ZIO-NAZI, Gaza, Human Rights0 Comments

PCHR Follows up with Concern Excessive Use of Force by Security Services to Disperse Demonstration in Jabalia Refugee Camp

 

NOVANEWS 

الوصف: 04f0d7f835eec0d2c2a147316b2c4b46

The Palestinian Center for Human Rights (PCHR) follows up with concern the latest incidents in Jabalia refugee camp, where Hamas security services used excessive force against civilians, including journalists. PCHR stresses the significance of adhering to the legal and international standards when dealing with civilians in all circumstances. PCHR calls upon the Attorney General to follow up the incidents and ensure compliance with legal procedures. Moreover, PCHR emphasizes that the security services’ duty is to maintain security and protect public property within the law with strict commitment to the relevant international standards, especially the 1979 Code of Conduct for Law Enforcement Officials.

According to PCHR’s investigations, at approximately 16:15 on Thursday, 12 January 2017, a peaceful demonstration was organized in the center of Jabalia refugee camp in the northern Gaza Strip, protesting the aggravating electricty crisis. The protest came upon an invitation from youth groups on “Facebook”. Around 500 protesters peacefully made their way from Jabalia refugee camp towards al-Hojha Stree and then to al-Fakhoura area and Beit Lahia housing Project. They arrived at the Gaza Electricity Distribution Corporation (GEDCO) building located behind the Engineers Syndicate in Beit Lahia. Around 5000 persons then joined the demonstration chanting slogans against GEDCO.  Hamas police officers were there, so altercations occurred between them and the protestors. A number of youngsters then threw stones at the GEDCO building and police officers, who in response fired live bullets in the air and attacked civilians with batons. As a result, 7 civilians sustained bruises and were taken to Kamal ‘Odwan Hospital and the Indonesian Hospital.

Moreover, Hamas police officers attacked journalists while covering the protest. Journalist Mohamed Abed al-Razeq Abdullah al-Baba (48), a photojournalist at the AFP, sustained an incised wound to the head after being beaten by the Hamas police. They also confiscated his camera and the memory card. Iyad al-Buzom, Spokesperson of the Interior Security, then came to the hospital to officially apologize for al-Baba and returned the camera

During the protest, a number of civilians were arrested by the police officers. PCHR’s fieldworker said that following the protest, security officers raided many houses and arrested activists. Some of them are so far under arrest.

PCHR stresses that security services’ duty is to maintain security and protect civilians and public and private property from any riot or violence acts during peaceful demonstrations and protests. PCHR also underscores that security services should comply with the principles of proportionality and legality of using force and condemns any random or excessive use of force. PCHR also stresses that use of force is not the solution and further complicates matters.  PCHR also emphasizes the right to freedom of expression and opinion and right to peaceful assembly, but also protestors should abide by law and maintain the peaceful nature of the demonstration in addition to not attacking the police or property.  In light of the above-mentioned, PCHR:

1-      Calls upon the Attorney General to investigate the yesterday incidents in Jabalia refugee camp, including beating civilians and a journalist and the security officers’ violations, and hold those responsible accountable;

2-      Calls upon the security services in Gaza to respect law and human’s dignity, take all necessary procedures to stop those violations and respect civilians’ public freedoms and press freedoms guaranteed under the international human rights standards and

3-      Calls upon the security services to release all civilians arrested on grounds of the protest.

 

 

 

Posted in Palestine Affairs, Gaza, Human Rights0 Comments

Nazi Forces Execute Palestinian Civilian at Point-Blank Range in al-Far’ah Refugee Camp

NOVANEWS

 Image result for Israeli Forces Execute Palestinian PHOTO

In an extra-judicial execution crime, on Tuesday dawn, 10 January 2017, Nazi forces shot dead in cold blood a Palestinian civilian in al-Far’ah refugee camp, south of Tubas, in front of his mother.  The Palestinian Center for Human Rights (PCHR) stresses that this crime was committed after the Nazi political and military leaders gave the Nazi soldiers the green light to shed the Palestinian blood and tolerated the soldiers for their crimes against Palestinian civilians.

According to PCHR’s investigations and the mother’s testimony, Fawziyah Mahmoud Khamis Salhi (67) said to PCHR’s fieldworker that at approximately 02:00 on the above mentioned day, Nazi forces moved into al-Far’ah refugee camp, south of Tubas.  They surrounded the family house of Mohammed Subhi Ahmed Khamis Salhi (33) near an UNRWA School for Girls and the camp sports club, seemingly in order to arrest him.

A number of Nazi soldiers jumped from the outer wall of the 1-storey house. Mohammed and his mother then heard noise in the corridor and went out of their bedroom.  When his mother saw the soldiers, she stood between them and her son.  An Nazi soldier then ordered her to sit on a plastic chair there, but when she refused, the soldier forcefully seated her. She then twice stood between the soldiers and her son.

However in the third time she stood, the Nazi soldier forcefully pushed her and seated her on the chair.  The Nazi soldier then pulled out a gun with a silencer and directly fired 5 bullets at Mohammed at point-blank range.  As a result, the bullets penetrated his neck, chest, hand, armpit, pelvis and thigh from the left side of his body and killed him in front of his elderly mother.

The mother said that she did not hear any sound of shooting, but saw sparkles coming from the gun.  After that, her son swayed and fell on the ground.  His body was put on a litter and then taken by an ambulance belonging to the Palestinian Red Crescent Society (PRCS) to Tubas Turkish Governmental Hospital in Tubas, where medical sources announced him dead.  It should be mentioned that the Mohammed previously served a 3-year sentence in the Nazi camp.

PCHR strongly condemns this new crime, coinciding with the trial of Nazi soldier Elor Azaria, who killed a Palestinian young man namely ‘Abdel Fattah al-Sharif (20) in Hebron on 24 March 2016 when the latter was wounded and immobilised and with calls from Nazi leaders, including Naziyahu, to pardon the soldier if being convicted.  As these calls encourage the Nazi soldiers to shed the Palestinian blood, PCHR hereby:

  1. Demands the United Nations to provide international protection for Palestinians in the occupied Palestinian territories (oPt) and ensure guarantees to protect civilians in the oPt;
  2. Calls upon the High Contracting Parties to the Geneva Conventions to oblige the Nazi regime to apply the Geneva Conventions in the oPt in its capacity as a Member State to these conventions;
  3. Demands the states signing the Geneva Conventions to fulfill their obligations by exercising their Universal Jurisdiction to hold the Nazi regime war criminals to account regardless of the criminals’ nationalities and the place where the crimes were committed and put an end to their impunity and
  4. Appeals the abovementioned states to extend their Jurisdiction to account war criminals regardless of their origins, not to be obedient to the Nazi regime pressure that aims to limit the states’ jurisdiction in order to keep the Nazi regime war criminals’ impunity.

Posted in Palestine Affairs, ZIO-NAZI, Gaza, Human Rights, UK, West Bank0 Comments

Gaza Fisherman Missing After Nazi Navy Capsized A Palestinian Fishing Boat

NOVANEWS

boats-gaza-e1472109353609Nazi navy ships attacked, several Palestinian fishing boats in the Sudaniyya Sea, northwest of Gaza city, on Thursday morning, causing one boat to capsize while a fisherman went missing in the aftermath of the assault.

The Palestinian Health Ministry in Gaza said the fisherman, identified as Mohammad Ahmad al-Hassi, went missing after the navy sank his boat, and that Palestinian search and rescue teams are trying to locate him.

The ministry added that Nazi navy fired live rounds at the boats, then flooded them with high-pressure water cannons.

One of the fishers said several Nazi navy ships attacked the Palestinian boats less than four nautical miles from the Gaza shore, causing excessive damage to several boats, including the boat that sank.

The attack is part of repeated Nazi violations against the fishers on Palestinian territorial waters, in the besieged and impoverished coastal region, and have led to many abductions of fishers, and scores of casualties, including several fatalities.

Posted in Palestine Affairs, ZIO-NAZI, Gaza, Human Rights0 Comments

Hamas lauds cessation of hostilities in war-torn Syria

NOVANEWS

Image result for Hamas FIGHTERS IN SYRIA PHOTO

Palestine Information Center 

GAZA – Hamas on Friday lauded the ceasefire accord struck between the warring parties in embattled Syria, calling for boosting political solutions to the conflict.

“We’ve been keeping tabs with deep satisfaction on agreements to cease fire in Syria,” said Hamas.

“Hamas welcomes the ceasefire and calls for a political solution to the Syrian crisis,” a statement by the group read.

“The Syrians can well avoid more bloodshed, uphold territorial integrity, and preserve their rights and sovereignty over the land. Such a bloody page should be turned once and for all,” Hamas added.

“The Palestinian people is looking forward to reaching a long-term agreement and to healing all the differences plaguing the nation’s body. The Palestinians are longing for an end to bloodshed,” Hamas further stated.

“The Palestinians hope that our ill nation would get well soon, restore its strength and unity, and stand up for the Palestinian cause,” the group concluded.

War-ravaged Syria was living Friday through the first day of a nationwide ceasefire as the Syrian government battalions and opposition outfits have agreed to terms for a truce brokered by Turkey and Russia in the country’s long-running hostilities.

Military operations by the regime army were reportedly halted at midnight, except against ISIS and other terror groups, state-run news agency SANA reported.

Posted in Gaza, Syria0 Comments

Nazi Gestapo to Spray Pesticides Along Gaza Border

NOVANEWS
20160518_Israel-damages-gaza-crops-agriculture-9

The Palestinian ministry of agriculture has warned local people that the Nazi Gestapo occupation are going to spray pesticides along the Gaza border between 25 December and 5 January. The ministry’s statement was reported by a number of media outlets.

“This is an annual Israeli activity which takes place at the end of the year to get rid of unneeded grass in this farming strip along the border,” the General Director of the Ministry of Agriculture in Gaza, Younis Al-Zaytouniyeh, told Quds Press.

He noted that the Nazi pesticides have a negative effect on Palestinian crops. This sometimes causes huge losses for Palestinian farmers in the besieged territory. Last year, he explained, most of the crops near the border were damaged.

The office of the International Committee of the Red Cross in the Gaza Strip informed the ministry of agriculture about the Nazi plan to spray the pesticides.

Posted in Palestine Affairs, ZIO-NAZI, Gaza, Health0 Comments

The Genocide of the Palestinian People: An International Law and Human Rights Perspective

NOVANEWS
Image result for The Genocide of the Palestinian People PHOTO
Center for Constitutional Rights 

While there has been recent criticism of those taking the position that Israel is committing genocide against Palestinians, there is a long history of human rights scholarship and legal analysis that supports the assertion. Prominent scholars of the international law crime of genocide and human rights authorities take the position that Israel’s policies toward the Palestinian people could constitute a form of genocide. Those policies range from the 1948 mass killing and displacement of Palestinians to a half-century of military occupation and, correspondingly, the discriminatory legal regime governing Palestinians, repeated military assaults on Gaza, and official Israeli statements expressly favoring the elimination of Palestinians.

Genocide is a term that has both sociological and legal meaning. The term genocide was coined in 1944 by a Jewish Polish legal scholar, Raphael Lemkin. For Lemkin, “the term does not necessarily signify mass killings.” He explained:

More often [genocide] refers to a coordinated plan aimed at destruction of the essential foundations of the life of national groups so that these groups wither and die like plants that have suffered a blight. The end may be accomplished by the forced disintegration of political and social institutions, of the culture of the people, of their language, their national feelings and their religion. It may be accomplished by wiping out all basis of personal security, liberty, health and dignity. When these means fail the machine gun can always be utilized as a last resort. Genocide is directed against a national group as an entity and the attack on individuals is only secondary to the annihilation of the national group to which they belong.[1]

Since Lemkin’s first invocation of the term, it has gained political, social, and legal meaning. For political scientists, historians, and sociologists, genocide is “understood as a major type of collective violence, with a distinctive place in the spectrum of political violence, armed conflict, and war, of which it is usually seen as a part.”[2]

From a legal perspective, genocide, like the crime against humanity of persecution, is an international crime distinguished by the specific intent to discriminate against a group on recognized grounds through a series of acts or omissions often reflected in and achieved through State policies. While different in degree, both genocide and persecution “[reduce] a person to their identification with or membership in a group,” but also “[attack] the group itself.”[3]  Persecution criminalizes the denial of fundamental rights for members of the group, and genocide criminalizes the most extreme stage of discrimination: efforts to actually destroy the group.

According to the Convention on the Prevention and Punishment of the Crime of Genocide,[4] genocide includes various acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group” as such, including:

(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; and

(d) Imposing measures intended to prevent births within the group.[5]

This definition is reflected in Article 6 of the Statute of the International Criminal Court (ICC), which has jurisdiction over crimes occurring on the territory of the State of Palestine since June 13, 2014.[6]

The Genocide Convention was written in the aftermath of World War II and the horrors of the Holocaust, especially to deter and prevent such horrors in the future and, failing that, to punish those responsible. The Convention thus provided a legal framework that clearly identifies the essence of the crime of genocide, regardless of the political, social, or cultural permutations in which the crime may be attempted or carried out and regardless of the specific qualities, stage, or scale of the genocidal process. The Holocaust set the terms by which a form of general or pervasive violence against a group might be legitimately termed “genocide” as a general sociological concept as it need not “imply a comparison to any other specific case.”[7]

Scholars of genocide have distinguished it as a crime different from other forms of war, killing, violence, discrimination, and repression. “Genocidal action aims not just to contain, control, or subordinate a population, but to shatter and break up its social existence. Thus genocide is defined, not by a particular form of violence, but by general and pervasive violence.”[8] They note that settler colonial regimes are structurally prone to genocide, and may indulge in “genocidal moments” when they become frustrated by the resistance of a colonized or occupied people.[9]

The term “genocide” has been used to describe the mass murder of Armenians by the Ottomans, Stalin’s expulsion of Chechens, Ingush Tartars, and Jews from the U.S.S.R., the removal of Jews and Hungarians from Romania, and Italy’s efforts to clear Slovenes and Croats from the Dalmatian coast.[10] There have been successful prosecutions of individuals for genocide arising out of efforts to destroy the Tutsi population in Rwanda in 1994[11] and Srebrenica in Bosnia-Herzegovina in 1995.[12]

Numerous prominent human rights authorities, advocates, and scholars have claimed that Israel’s policies and actions with respect to the Palestinian people have amounted to a form of genocide.

Expulsion and Killing of Palestinians in 1948

With respect to the creation of the Israeli state in 1948, there has been a robust scholarly debate about whether the settlement of Jews and the expulsion of Palestinians in Mandate Palestine could be described as genocide. Sociologist Martin Shaw, one of the most distinguished modern scholars of genocide, has written, “We can conclude that pre-war Zionism included the development of an incipiently genocidal mentality towards Arab society.”[13] “Israel entered without an overarching plan, so that its specific genocidal thrusts developed situationally and incrementally, through local as well as national decisions. On this account, this was a partly decentred, networked genocide, developing in interaction with the Palestinian and Arab enemy, in the context of war.”[14]

In 2010, the Journal of Genocide Studies hosted a conversation between Martin Shaw and another prominent scholar of genocide, Omer Bartov, on whether the term “genocide” could be reasonably applied to the Israeli treatment of Palestinians, particularly the expulsion and killing of Arabs in 1948.[15] The two scholars took very different positions on the question, but the journal rejected complaints from some quarters that it was an illegitimate, or worse, a bigoted question to pose and debate at all.[16]

Francis Boyle, a professor of international law, testified in 2013 that “The Palestinians have been the victims of genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.”[17] He argued that:

For over the past six and one-half decades, the Israeli government and its predecessors in law – the Zionist agencies, forces, and terrorist gangs – have ruthlessly implemented a systematic and comprehensive military, political, religious, economic, and cultural campaign with the intent to destroy in substantial part the national, ethnical, racial, and different religious group (Jews versus Muslims and Christians) constituting the Palestinian people.[18]

Long-Term Military Occupation of Palestinian People

When the international community ratified legal rules that would regulate the actions of occupying powers while also protecting the rights of occupied peoples and nations/states, it was understood that military occupation would be a short-lived necessity attendant to armed conflict, and that occupying forces would be withdrawn at the end of the conflict.[19] Israel’s prolonged belligerent occupation of the West Bank, including East Jerusalem, and Gaza for 50 years far exceeds the kind of occupation that animated the creation of legal rules of occupation contained in international law. Given the seemingly permanent nature of the Israeli occupation of the West Bank and Gaza, some human rights experts, including Israeli historian Ilan Pappé, have warned of an “incremental genocide” of Palestinians and the ultimate destruction of Palestinians as a national group.[20] This “incremental genocide” through the policies and practices that have both sustained and served as the hallmarks of Israel’s occupation is accomplished, they argue, by a normalization of the Israeli annexation of Palestinian territory and the exile or absorption of the national group of people who identify as Palestinian. International law is clear that an occupying power may not annex the people or territory it occupies.[21]

The late human rights lawyer and Center for Constitutional Rights Board President Michael Ratner also charged Israel with committing “incremental genocide” against the Palestinian people: “There’s no doubt again here this is ‘incremental genocide,’ as Ilan Pappé says. It’s been going on for a long time, the killings, the incredibly awful conditions of life, the expulsions that have gone on from Lydda in 1947 and ‘48, when 700 or more villages in Palestine were destroyed, and in the expulsions that continued from that time until today. It’s correct and important to label it for what it is.”[22] He argued further, “I want to emphasize today [that] these killings are part of a broader set of inhuman acts by Israel constituting international crimes, carried out by Israel over many years, going back to at least 1947 and 1948. They include crimes that aren’t talked about that much in the media or the press, the crimes of genocide, crimes against humanity, and apartheid. These crimes can be prosecuted in the International Criminal Court and are defined there.”[23]

The Russell Tribunal on Palestine, a nongovernmental “people’s body” made up of prominent international human rights experts and advocates, convened between November 2010 and September 2014 to investigate the question of human rights violations in the context of the Israeli occupation of the West Bank, including East Jerusalem, and Gaza.[24] It took testimony and deliberated specifically on the question of whether Israel may have committed genocide in relation to the Palestinian people. The jury concluded that some Israeli citizens and leaders may have been guilty in several instances of the separate crime of incitement to genocide, which is specified in Article 3(c) of the Genocide Convention. “The cumulative effect of the long-standing regime of collective punishment in Gaza appears to inflict conditions of life calculated to bring about the incremental destruction of the Palestinians as a group in Gaza. The Tribunal emphasises the potential for a regime of persecution to become genocidal in effect.”[25]

Military Assaults on Gazan Population

With respect to Israel’s most recent military offensive, the so-called “Operation Protective Edge” launched against Gaza in the summer of 2014, prominent human rights authorities expressed concern that the campaign constituted a violation of international humanitarian law as contained in the Geneva Conventions:

  • Amnesty International issued a statement proclaiming “an International Criminal Court (ICC) investigation is essential to break the culture of impunity which perpetuates the commission of war crimes and crimes against humanity in Israel and the Occupied Palestinian Territories. The case for such action is made all the more compelling in the light of the ongoing serious violations of international humanitarian law being committed by all parties to the current hostilities in the Gaza Strip and Israel.”[26]
  • The ICC has jurisdiction over genocide, and the U.N. Special Advisers on the Prevention of Genocide issued a statement two weeks into the 2014 offensive that they were “disturbed by the flagrant use of hate speech in the social media, particularly against the Palestinian population,” finding that “individuals have disseminated messages that could be dehumanising to the Palestinians and have called for the killing of members of this group,” while “remind[ing] all that incitement to commit atrocity crimes is prohibited under international law.”[27]
  • Al-Haq, the oldest Palestinian Human Rights organization, found that serious violations of international law were committed in the course of the 2014 Israeli offensive against Gaza.[28] Al-Haq, along with other Palestinian human rights organizations the Palestinian Center for Human Rights, Al-Mezan, and Aldameer, submitted a legal file to the International Criminal Court urging it to open an investigation and prosecution into the crimes against humanity and war crimes committed during the course of Israel’s 2014 Gaza offensive.[29] The crimes suggested for prosecution by these human rights organizations include genocide.
  • Dozens of Holocaust survivors, together with hundreds of descendants of Holocaust survivors and victims, accused Israel of “genocide” for the deaths of more than 2,000 Palestinians in Gaza during the 2014 Israeli military offensive against Gaza, “Operation Protective Edge”. [30]
  • Others who have charged that Israel committed genocide during Operation Cast Lead include Bolivian President Evo Morales, who recalled that country’s ambassador from Israel. He stated, “What is happening in Palestine is genocide.”[31]
  • Author and activist Naomi Wolf wrote, “I mourn genocide in Gaza because I am the granddaughter of a family half wiped out in a holocaust and I know genocide when I see it.”[32]

Israeli Government Statements Targeting Palestinians

Finally, prominent Israeli politicians have publicly called for action against the Palestinian people that unequivocally meets the definition of genocide under the 1948 Convention. For instance, in February 2008, Matan Vilnai, Israel’s deputy defense minister, declared that increasing tensions between the Israelis and Palestinians in the Gaza Strip could bring on themselves what he called a shoah, or holocaust, “The more Qassam [rocket] fire intensifies and the rockets reach a longer range, they will bring upon themselves a bigger shoah because we will use all our might to defend ourselves.”[33]

Israeli Justice Minister Ayelet Shaked posted a statement on Facebook in June 2014 claiming that “the entire Palestinian people is the enemy” and called for the destruction of Palestine, “including its elderly and its women, its cities and its villages, its property and its infrastructure.” Her post also called for the killing of Palestinian mothers who give birth to “little snakes.”[34]

In August 2014, Moshe Feiglin, then-deputy speaker of the Israeli Knesset and member of Prime Minister Benjamin Netanyahu’s ruling Likud Party, called for the destruction of Palestinian life in Gaza and offered a detailed plan for shipping Palestinians living in Gaza across the world. Specifically, he envisioned a scenario where the Israeli Defense Forces (IDF) would find areas on the Sinai border to establish “tent encampments… until relevant emigration destinations are determined.” He further suggested that the IDF would then “exterminate nests of resistance, in the event that any should remain.”[35] He subsequently wrote in an op-ed, “After the IDF completes the ‘softening’ of the targets with its fire-power, the IDF will conquer the entire Gaza, using all the means necessary to minimize any harm to our soldiers, with no other considerations.”[36] He continued, “Gaza is part of our Land and we will remain there forever. Liberation of parts of our land forever is the only thing that justifies endangering our soldiers in battle to capture land. Subsequent to the elimination of terror from Gaza, it will become part of sovereign Israel and will be populated by Jews. This will also serve to ease the housing crisis in Israel. The coastal train line will be extended, as soon as possible, to reach the entire length of Gaza.”

Conclusion

Prominent human rights advocates and scholars have argued that the killings of Palestinians and their forceful expulsion from mandate Palestine in 1948, the Israeli occupation of the West Bank, East Jerusalem, and Gaza, and the violence and discrimination directed at Palestinians by the Israeli government have violated a number of human rights protections contained in international human rights law, genocide being among them.

Download a PDF of this document here.


[1] Raphael Lemkin, Genocide – A Modern Crime, 4 Free World 39 (1945), available at: http://www.preventgenocide.org/lemkin/freeworld1945.htm (emphasis added).

[2] Martin Shaw, Genocide, Oxford Bibliography, September 30, 2013, available at: http://www.oxfordbibliographies.com/view/document/obo-9780199756384/obo-9780199756384-0029.xml.

[3] Helen Brady and Ryan Liss. Historical Origins of International Law Vol. 3, “The Evolution of Persecution as a Crime Against Humanity,”FICHL Publication Series No. 22 (2015) p. 554, available at https://www.fichl.org/fileadmin/fichl/FICHL_PS_22_web.pdf. Notably, “some scholars suggest[ ] that any distinction [between genocide and persecution] has effectively disappeared,” with the two crimes “offer[ing] two different but related visions of the same harm: in short, a crime against the individual as a member of a group (persecution) or a crime against the group itself (genocide).” Id. at 491.

[4] Convention on the Prevention and Punishment of the Crime of Genocide, Adopted by the General Assembly of the United Nations on December 9, 1948 as General Assembly Resolution 260, and entered into force on 12 January 1951, available at: https://treaties.un.org/doc/Publication/UNTS/Volume%2078/volume-78-I-1021-English.pdf The Genocide Convention has 147 signatories, including the United States, Israel and Palestine.

[5] Genocide Convention, Article II.

[6] Declaration Accepting the Jurisdiction of the International Criminal Court, Mahmoud Abbas, President of the State of Palestine, Dec. 31, 2014, available at http://www.icc-cpi.int/iccdocs/PIDS/press/Palestine_A_12-3.pdf. On January 6, 2015, the United Nations Secretary General, acting in his capacity as depository for the Rome Statute, accepted Palestine’s accession to the Rome Statute. United Nations, Depository Notification, Ref: C.N.13.2015.TREATIES-XVIII.10, 6 Jan. 2015, available at https://treaties.un.org/doc/Publication/CN/2015/CN.13.2015-Eng.pdf. On January 16, 2015, the Prosecutor of the ICC, Mrs. Fatou Bensouda, opened a preliminary examination into the situation of Palestine.

[7] Martin Shaw in Martin Shaw & Omer Bartov, The Question Of Genocide In Palestine, 1948: An Exchange Between Martin Shaw And Omer Bartov, 12 Journal of Genocide Research 243, 244 (2010).

[8] Martin Shaw, Palestine In An International Historical Perspective On Genocide, 9 Holy Land Studies 1, 5 (2010).

[9] A. Dirk Moses, An Antipodean Genocide? The Origins Of The Genocidal Moment In The Colonization Of Australia, 2 J. of Genocide Research 89, 90 (2010).

[10] Martin Shaw, Palestine In An International Historical Perspective On Genocide, 9 Holy Land Studies 1, 9 (2010).

[11] See, e.g., Prosecutor v. Jean-Paul Akayesu, ICTR, http://www.icty.org/x/cases/karadzic/tjug/en/160324_judgement.pdf.

[12] See, e.g., Prosecutor v. Radovan Karadžić, ICTY, http://www.icty.org/x/cases/karadzic/tjug/en/160324_judgement.pdf.

[13] Martin Shaw, Palestine In An International Historical Perspective On Genocide, 9 Holy Land Studies 1, 13 (2010), noting the comments of the President of the Zionist Organization Chaim Weizmann’s comment in 1941 “if half a million Arabs could be transferred, two million Jews could be put in their place.”

[14] Id. at 19.

[15] Martin Shaw in Martin Shaw & Omer Bartov, The Question Of Genocide In Palestine, 1948: An Exchange Between Martin Shaw And Omer Bartov, 12 Journal of Genocide Research 243, 244 (2010).

[16] See Gal Beckerman, Top Genocide Scholars Battle Over How To Characterize Israel’s Actions, Forward, February 16, 2011, available at: http://forward.com/news/135484/top-genocide-scholars-battle-over-how-to-character/.

[17] Professor Francis A. Boyle, The Palestinian Genocide by Israel Before

The Kuala Lumpur War Crimes Tribunal, August 21-24, 2013, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2339254.

[18] Id. at 3.

[19] See Geneva Convention III: Articles 1-4; Geneva Convention IV 1907: Section Three – Occupied Territories – Articles 47-56; Geneva Convention IV 1949: Section Three – Occupied Territories – Articles 47-78; Additional Protocols I and II.

[20] Ilan Pappé, A Brief History of Israel’s Incremental Genocide, in ON PALESTINE (Noam Chompsky and Ilan Pappé ed.; Haymarket 2015) pp. 147-154.  See also, Steve Lendman, Israel’s Slow-Motion Genocide in Occupied Palestine, in THE PLIGHT OF THE PALESTINIANS (William A. Cook ed., Palgrave 2010)

[21]  Article 2(4) of the United Nations Charter states that “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”  See also: Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949 Section III, Art. 47, “Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.”

[22] Michael Ratner, UN’s Investigation of Israel Should Go Beyond War Crimes to Genocide, The Real News, July 27, 2013, available at: http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=12155.

[23] IdSee also Saree Makdisi, Palestine Inside Out: An Everyday Occupation (Norton 2010) for the notion of a “slow motion” extension and consolidation of the genocidal aspects of 1948.

[24] Russell Tribunal On Palestine, “About,” http://www.russelltribunalonpalestine.com/en/about-rtop.

[25] http://www.russfound.org/RToP/RToP.htm.

[26] Israel and Occupied Palestinian Territories: The International Criminal Court must investigate war crimes, August 1, 2014 http://www.amnesty.org/en/documents/MDE15/019/2014/en/.

[27] UN, Department of Public Information, Statement by the Special Advisers of the Secretary-General on the Prevention of Genocide, Mr. Adama Dieng, and on the Responsibility to Protect, Ms. Jennifer Welsh, on the Situation in Israel and in the Palestinian Occupied Territory of Gaza Strip, July 24, 2014, available at

www.un.org/en/preventgenocide/adviser/pdf/24.07.2014%20Special%20Advisers’%20Statement%20on%20the%20situation%20in%20Israel%20and%20the%20occupied%20Gaza%20strip.pdf.

[28] See, Divide and Conquer: A Legal Analysis of Israel’s 2014 Military Offensive Against the Gaza Strip, 2015, available at: http://www.alhaq.org/publications/publications-index/item/divide-and-conquer.

[29] Palestinian Human Rights Organisations Deliver Submission to the International Criminal Court on Alleged Israeli War Crimes and Crimes against Humanity during 2014 Gaza offensive, Nov. 23, 2015, available at: http://www.alhaq.org/advocacy/targets/international-criminal-court-icc/998-palestinian-human-rights-organisations-deliver-submission-to-the-international-criminal-court-on-alleged-israeli-war-crimes-and-crimes-against-humanity-during-2014-gaza-offensive.

[30] Zachary Davies Boren, Holocaust survivors and their descendants accuse Israel of ‘genocide’, The Independent, August 24, 2014, http://www.independent.co.uk/news/world/middle-east/holocaust-survivors-and-their-descendants-accuse-israel-of-genocide-9687994.html.

[31] Bolivian president: Israel air strikes on Gaza is ‘genocide’, July 16, 2014, http://www.itv.com/news/update/2014-07-16/bolivian-president-israel-air-strikes-of-gaza-is-genocide.

[32] Naomi Wolf walked out of synagogue when they had nothing to say about Gaza massacre, July 22, 2014, http://mondoweiss.net/2014/07/synagogue-nothing-massacre.html.

[33] Israeli minister warns of Palestinian ‘holocaust’, The Guardian, February 29, 2008, https://www.theguardian.com/world/2008/feb/29/israelandthepalestinians1.

[34] Text of Shaked’s Facebook post (in Hebrew), since deleted, is available here: https://electronicintifada.net/sites/default/files/styles/original_800w/public/2014-07/ayelet-shaked-facebook-post-30-june-2014-genocide.jpg?itok=k5yvVqQp&timestamp=1448949295.

[35] Jill Reilly, Israeli official calls for concentration camps in Gaza and ‘the conquest of the entire Gaza Strip, and annihilation of all fighting forces and their supporters’, Daily Mail, August 4, 2014, available at: http://www.dailymail.co.uk/news/article-2715466/Israeli-official-calls-concentration-camps-Gaza-conquest-entire-Gaza-Strip-annihilation-fighting-forces-supporters.html.

[36] Moshe Feiglin, My Outline for a Solution in Gaza, Arutz Sheve, August 15, 2014, available here: http://www.israelnationalnews.com/Articles/Article.aspx/15326#.VCLljPldXTo.

Attachments

PDF icon Background on the term genocide in Israel Palestine Context.pdf

Posted in Palestine Affairs, ZIO-NAZI, Gaza0 Comments

Gaza: Nazi Crime against Humanity

NOVANEWS

Israeli Closure of the Gaza Strip: A Crime against Humanity

Investigate Persecution Arising out of Ongoing Gaza Closure, Palestinian Human Rights Organizations Urge ICC Prosecutor

145984587373

Today, Palestinian human rights groups urged the Prosecutor of the International Criminal Court (ICC) to examine the Israeli closure of the Gaza Strip, which has denied two million Palestinians a panoply of fundamental rights for nearly a decade, as the crime against humanity of persecution under the Rome Statute. The Palestinian Centre for Human Rights (PCHR), Al Mezan Center for Human Rights, Al-Haq, and Aldameer submitted a 145-page file to the ICC Prosecutor setting out the factual and legal basis for the case.

Since June 2007, Israel has instituted a comprehensive closure on the Gaza Strip in which it has denied the free movement of people and goods into and out of Gaza, amounting to collective punishment. The Gaza Strip, a constituent part of the State of Palestine, is frequently described as the world’s largest open-air prison.

“The siege on Gaza is unprecedented and is a form of collective punishment. The aim of the closure and the occupation is to de-develop Gaza, to strip Palestinians of their dignity and send Gazan society back to the Middle Ages,” said Raji Sourani, Director of PCHR.

“Israel’s absolute control over Gaza’s borders and population has set back generations of Palestinians who cannot travel, access education, receive medical treatment, or engage with the outside world. The ICC must urgently proceed to investigate the crimes against the Palestinian population in Gaza.”

Issam Younis, Director of Al Mezan, further stated that “efforts to ease the closure – which is cruel by design and amounts to a crisis of dignity – have been woefully unsuccessful, as evidenced by the ineffectiveness of the Gaza Reconstruction Mechanism. A full lifting of the closure is required and the protection of civilians must be ensured.”

The four Palestinian human rights organizations maintain that the closure of the Gaza Strip has been disproportionate, discriminatory and not justified by military or security purposes. In fact, the current restrictions on the movement of goods and persons into and out of the Gaza Strip are imposed as punitive and persecutory measures. The organizations conclude that a reasonable basis exists to believe that the crime against humanity of persecution is being committed. Persecution entails the denial of fundamental rights on the basis of identity of a group. In this case, the organizations assert that Palestinians are being denied their rights to life and physical security, to work, to education, to health, to adequate food, water and housing, to family life, to travel, to freedom from discrimination, and ultimately the right to dignity.

“The closure, which is the result of a comprehensive package of suffocating restrictions, deliberately fragments the Palestinian territory and severely violates fundamental human rights of the Palestinian population. The ICC Prosecutor has a golden opportunity to bring an end to the suffering of the entire Palestinian population,” said Shawan Jabarin, Director of Al-Haq.

The Prosecutor is currently engaged in a preliminary examination on the Situation in Palestine in order to determine whether or not to proceed into investigations of alleged crimes committed on the territory of the State of Palestine. Palestine became a State Party to the Rome Statute of the ICC on 1 April 2015, which vested the ICC with jurisdiction over crimes committed since 13 June 2014. The ICC has jurisdiction over genocide, crimes against humanity and war crimes.

To coincide with the submission to the ICC, the Palestinian human rights organizations have prepared an executive summary of the submission and a short documentary video illustrating the impact of the closure on daily life in Gaza.

Posted in Palestine Affairs, ZIO-NAZI, Gaza, Human Rights0 Comments

Five years on: The Wafa al-Ahrar agreement and prisoner exchange

NOVANEWS

Image result for Wafa al-Ahrar CARTOON

Samidoun Palestinian Prisoner Solidarity Network

On 18 October 2011, 477 Palestinian prisoners were released from Israeli occupation prisons in the Wafa al-Ahrar (“Dedication to the Free”) prisoner exchange with the Israeli occupation. One week prior, hundreds of Palestinian prisoners were engaged in an open-ended hunger strike against the solitary confinement and isolation of Palestinian leaders, especially Ahmad Sa’adat, the imprisoned General Secretary of the Popular Front for the Liberation of Palestine.

The strike was suddenly interrupted with stunning news: a prisoner exchange agreement had been released between the Palestinian resistance and the Israeli occupation, for the release of 1,027 Palestinian prisoners in exchange for the release of captured occupation soldier Gilad Shalit. The exchange was completed with the release of 550 fellow Palestinian prisoners in December 2011. In the agreement, among the first set of 477 prisoners released, 131 were released to Gaza and 110 to the West Bank, as well as six Palestinians holding Israeli citizenship returning to Palestine ’48. 203 more were deported from Palestine. This group were the prisoners with lengthy sentences.

This was, of course, not the first time that the Palestinian resistance secured the release of Palestinian prisoners through prisoner exchanges. Throughout Palestinian history, large numbers of Palestinian prisoners in Israeli jails with lengthy sentences have found freedom in prisoner exchanges negotiated by Palestinian resistance organizations.

Since the 2011 Wafa al-Ahrar exchange, dozens of released prisoners have been re-arrested, many with their original sentences reimposed. 57 former prisoners have been re-imprisoned by the Israeli occupation, out of 74 who have been arrested; 50 prisoners have had their original sentences re-imposed on allegations of “violating their terms of release” through “association or support for” prohibited organizations, including all major Palestinian political parties. Three more re-arrested prisoners are serving sentences lower than their original sentences, including Nael Barghouthi (30 months), Nayef Shawamreh (4 years), and Bassam Natsheh (3 years). Israeli Military Order 1651 allows the re-imprisonment of former Palestinian prisoners on prior charges for arbitrary re-arrests, on the basis of secret evidence.

Palestinian prisoners re-arrested include Samer Issawi, who was previously re-arrested and freed after a 265-day partial hunger strike and then re-arrested once more in the raids in June and July 2014 alongside the Israeli assault on Gaza; Samer Mahroum, originally a co-defendant of Omar Nayef Zayed; and Nasser Abed Rabbo, a Jersualemite ex-prisoner prevented from seeing his newborn son by the re-arrest.

Historical precedents for the release of prisoners through resistance actions have been noted on multiple occasions, including exchanges between the Israeli state and Arab states, Hezbollah, the Palestine Liberation Organization and other Palestinian resistance organizations.

On 23 July 1968, the first exchange was successfully completed between the Palestinian revolution and the Israeli occupation. The Popular Front for the Liberation of Palestine hijacked a plane from Rome to Tel Aviv, releasing the passengers in exchange for 37 Palestinian prisoners, some with high sentences imprisoned before 1967.

On 28 February 1971, Palestinian prisoner Mahmoud Bakr Hijazi was exchanged for an Israeli soldier in an exchange agreement between Fateh and the Israeli occupation.

On 14 March 1979, the Popular Front for the Liberation of Palestine – General Command conducted an exchange agreement with the Israeli occupation for the release of 76 Palestinian prisoners, including 12 women prisoners.

In 1980, Palestinian prisoner Mehdi Bseiso was released in exchange for a collaborator captured by the Fateh movement.

On 23 November 1983, 4560 Palestinian detained Palestinian and Lebanese prisoners in southern Lebanon, including 65 Palestinian women prisoners were exchanged for six Israeli occupation soldiers arrested in southern Lebanon, in an exchange with the Palestine Liberation Organization.

In June 1984, 291 Syrians imprisoned by the Israeli state and 72 Syrians’ remains, as well as 20 Palestinian prisoners, were exchanged for six captive Israeli soldiers and five soldiers’ remains in an exchange with Syria.

On 20 May 1985, 1155 Palestinian prisoners were released in an exchange for three Israeli soldiers captured by the PFLP-GC. Many of the Palestinian prisoners released later became leaders in the intifada that arose in 1987.

In September 1997, the Mossad attempted to assassinate Hamas leader Khaled Meshaal in Jordan with a poisonous injection. Two Mossad agents were arrested in Jordan and in exchange for those agents, the Israeli state released Sheikh Ahmed Yassin, the founder and leader of the Hamas movement, then serving a life sentence in Israeli prisons. (Yassin had been previously released in the 1985 prisoner exchange.)

In January 2004, the Israeli occupation released 436 prisoners, including 400 Palestinians, 23 Lebanese, two Syrians, three Moroccans, three Sudanese, one Libyan and one German prisoner, and returned the remains of 59 soldiers in exchange for the remains of three Israeli occupation soldiers and the release of drug dealer, businessman and potential intelligence agent Elhanan Tannenbaum, in an exchange with Hezbollah in Lebanon.

In 2008, Samir Kuntar of the Palestine Liberation Front and four Hezbollah fighters were released in exchange for the remains of two Israeli occupation soldiers in southern Lebnon, in an exchange with Hezbollah in Lebanon.

Today, there are four Israelis, including two Israeli soldiers missing in action, held by the Palestinian resistance. The two soldiers, Hadar Goldin and Oron Shaul, were captured by the Palestinian resistance during the massive Israeli assault on Palestinians in Gaza in 2014, when over 2,300 Palestinians were killed, tens of thousands wounded, and hundreds of thousands displaced by the massive occupation assault on the besieged Palestinian strip.

The Israeli media originally declared them killed in action after a massive bombardment under the so-called “Hannibal directive” mandating the massive bombardment of the Palestinian civilian population in order to kill any captured soldier; however, Shaul’s status has been changed to “missing in action.” Also captured by Palestinian resistance organizations are Avera Mengistu and Hashem al-Sayyed, who entered Gaza without permission.

In total, over 8,000 Palestinian prisoners have been released through exchanges, which is why the capture of Israelis and especially Israeli soldiers or settlers has been such a high priority for the Palestinian resistance in the past and at present. Palestinian resistance organizations, including Hamas, have demanded the release of the 57 re-arrestees of the Wafa al-Ahrar agreement as a condition to begin negotiations for an exchange of the four Israelis they currently hold.

Palestinian prisoners’ organizations and human rights groups have been urging the release of the 57 prisoners since their re-arrest, including calling on Egypt, which served as a mediator in the exchange, to pressure the Israeli state for their release as part of its commitments to Egypt as part of the exchange agreement.

The 57 re-arrestees have been identified as follows:

1. Nidal Zaloum
2. Abd El-Men’em Othman To’meh
3. Majdi Atieh Suleiman ‘Ajouli
4. Ayed Khalil
5. Samer El-Mahroum
6. Alaa El-Bazyan
7. Adnan Maragha
8. Nasser Abedrabbo
9. Safwan Oweiwi
10. Rabee’ Barghouthi
11. Suleiman Abu Eid
12. Ibrahim Shalash
13. Ibrahim Al-Masri
14. Zuheir Sakafi
15. Ahmad Al-‘awawdeh
16. Bassam Na’im Al-Natsheh Abu Eid
17. Mahmoud Al-Swaiti
18. Mu’amar Al-Ja’bari
19. Khaled Makhamra
20. Abbas Shabaneh
21. Rasmi Maharik
22. Nayef Shawamreh
23. Na’eem Masalmeh
24. Mu’az Abu Rmouz
25. Amer Moqbel
26. Ashraf Al-Wawi
27. Muhamad Barakat
28. Ya’koub Al-Kilani
29. Aref Fakhouri
30. Waheeb Abu Al-Rob
31. Muhamad Saleh El-Rishek
32. Mu’amar Ghawadra
33. Imad Mussa
34. Abdelrahman Salah
35. Ashraf Abu El-Rob
36. Wael Jalboush
37. Nidal Abdelhaq
38. Taha Al-Shakhsheer
39. Zaher Khatatbeh
40. Hamza Abu Arkoub
41. Mahdi El-Assi
42. Shadi Zayed Odeh
43. Jamal Abu Saleh
44. Ismail Hijazi
45. Rajab Tahan
46. Samer Issawi
47. Khader Radee
48. Imad Fatouni
49. Muhamad Issa Awad
50. Suleiman Abu Seif
51. Ahmad Hamad
52. Khaled Ghizan
53. Ismail Musalam
54. Yousri Joulani
55. Nael Barghouthi
56. Imad Abdul-Rahim
57. Fahd Sharaya

Samidoun Palestinian Prisoner Solidarity Network salutes the freed prisoners on the fifth anniversary of their liberation, and joins in the call for pressure and action to free the 57 re-arrested prisoners of Wafa al-Ahrar, and for the liberation of all 7,000 Palestinian prisoners in Israeli jails.

Posted in Palestine Affairs, Gaza0 Comments

Nazi regime worsening Palestinian plight, Middle East tensions

NOVANEWS

Image result for DAVID STAT AS NAZI LOGO CARTOON

Israel worsening Palestinian plight, Middle East tensions
Press TV

Iran’s ambassador and permanent representative to the United Nations has held the Israel regime responsible for the desperate plight of the Palestinian nation and exacerbation of tensions in the Middle East.

“The illegal and brutal Israeli occupation continues and causes so much anguish to the Palestinian people, and dangerously inflames tensions on the volatile situation in the region. The Israeli regime continues to breach international law, including humanitarian and human rights. By doing so, it inflicts widespread suffering to civilians and deliberately destabilizes the situation, with far–reaching and serious consequences for peace and security in the Middle East and beyond,” Gholam Ali Khoshroo stated at a Security Council Open Debate on “Situation in the Middle East, including the Palestinian Question” on Wednesday.

He further lambasted the Tel Aviv regime’s systematic violations of Palestinians’ rights and international law, including house demolitions, forced displacement of civilians, detentions of minors, and incessant provocations by illegal settlers and extremists at revered sites, particularly al-Aqsa Mosque compound in the occupied East Jerusalem al-Quds.

Khoshroo said the Israeli regime has continually intensified its illegal and oppressive measures against the defenseless Palestinian population over the past years, killed and injured many civilians, and deprived Palestinians of their right to protection.

The Iranian diplomat then pointed to Israel’s settlement expansion activities in the occupied West Bank, stating that they are in clear breach of the Fourth Geneva Convention, constitute war crimes under Rome Statute of the International Criminal Court, and demonstrate that Israel has never had any interest in peace with the Palestinians and its participation in the so-called peace process has only been aimed at covering up its policy of aggression.

Turning to Israel’s blockade on the impoverished Gaza Strip, the Iranian UN ambassador said the siege “is causing massive deprivation, hopelessness and a grave humanitarian crisis. The destructive impact of such Israeli violations is immense as reflected in rising tensions, deteriorating socio-economic conditions, and deepening among the Palestinian civilian population.”

Khoshroo also blamed illegal foreign intervention, extremism and violence for the ongoing conflicts in Libya, Iraq, Syria and Yemen.

“These problems have persisted and deepened because the international community has failed to do its part in dealing with the root causes, and naive trans-regional players have done erroneous actions,”  he pointed out.

Saudi Arabia’s military aggression on Yemen

Elsewhere in his remarks, Khoshroo referred to Riyadh’s aerial bombardment campaign against its crisis-hit southern neighbor, stressing that the airstrikes have killed or permanently maimed thousands of civilians, including women and children, displaced millions of people, and turned Yemen from a disadvantaged country into a devastated one.

“All these horrendous and heinous attacks, which display total disregard for human life and international law are happening under the watch of Security Council, which has failed to take any action to stop them,” the Iranian diplomat said.

Saudi Arabia has been engaged in an atrocious campaign against Yemen since March 2015. The United Nations puts the death toll from the onslaught at about 10,000.

 

Posted in Palestine Affairs, ZIO-NAZI, Gaza0 Comments

Shoah’s pages

www.shoah.org.uk

KEEP SHOAH UP AND RUNNING

January 2017
M T W T F S S
« Dec    
 1
2345678
9101112131415
16171819202122
23242526272829
3031