Thursday, March 28, 2024

Definition of Genocide and Israel Found to be Committing Genocide in Gaza

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition.

Article 2 of the Convention defines genocide as:

'Genocide, as the denial of the right of a people to exist and the subsequent attempt or success in annihilating them, entails various modes of elimination. Raphael Lemkin, who coined the term “genocide”, observed that genocide is “a composite of different acts of persecution or destruction”, ranging from physical elimination to the “forced disintegration” of a people’s political and social institutions, culture, language, national sentiments and religion. Genocide is a process, not an act.' Francesca Albanese, the Special Rapporteur on the human rights situation in the occupied West Bank and Gaza

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... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such:

(a) Killing members of the group; (32,000+ killed)
(b) Causing serious bodily or mental harm to members of the group; (destruction of homes)
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (withholding aid and food)
(d) Imposing measures intended to prevent births within the group; (destruction of hospitals neonatal facilities)
(e) Forcibly transferring children of the group to another group.(NAKBA pier?)
— Convention on the Prevention and Punishment of the Crime of Genocide, Article 2[7]

Article 3 defines the crimes that can be punished under the convention:

(a) Genocide; (Israel)
(b) Conspiracy to commit genocide; (war cabinet Israel, United States)
(c) Direct and public incitement to commit genocide; (Israeli and US press)
(d) Attempt to commit genocide; (Israel)
(e) Complicity in genocide. (United States)
— Convention on the Prevention and Punishment of the Crime of Genocide, Article 3[7]

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“...I want to be clear in reiterating what I have said many times in the last few months," he said, adding, "What we are seeing in Gaza now, represents the blatant violation of international humanitarian law on a mass scale.”

He pointed to the withholding of aid, targeting of civilians and infrastructure, the "indiscriminate use of explosive weapons in populated areas" and the "collective punishment of an entire population."

"The list goes on," said Martin. "It has to stop. The view of the international community is clear. Enough is enough." Press TV

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'The overwhelming nature and scale of Israel's assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group. This report finds that there are reasonable grounds to believe that the threshold indicating the commission of the following acts of genocide against Palestinians in Gaza has been met: killing members of the group; causing serious bodily or mental harm to groups’ members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. Genocidal acts were approved and given effect following statements of genocidal intent issued by senior military and government officials.' Anatomy of a Genocide (pdf)

 

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