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The jury of the Russell Tribunal on Palestine's Emergency Session on
Israel's Operation Protective Edge which included Michael Mansfield QC, John
Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach,
Paul Laverty, Roger Waters, Ronnie Kasrils, Radhia Nasraoui and Miguel Angel
Estrella. (Photo: Russell Tribunal on Palestine)
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The Russell
Tribunal on Palestine’s Emergency Session on Israel’s Operation Protective Edge
held yesterday in Brussels has found evidence of war crimes, crimes against
humanity, crimes of murder, extermination and persecution and also incitement
to genocide.
The Jury reported:
‘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, In light of the clear escalation in the physical and rhetorical
violence deployed in respect of Gaza in the summer of 2014, the Tribunal
emphasises the obligation of all state parties to the 1948 Genocide Convention
‘to take such action under the Charter of the United Nations as they consider
appropriate for the prevention and suppression of acts of genocide.’
The Jury heard
evidence from eyewitnesses to Israeli attacks during the Gaza war 2014
including journalists Mohammed Omer, Max Blumenthal, David Sheen, Martin
Lejeune, Eran Efrati and Paul Mason, as well as surgeons Mads Gilbert, Mohammed
Abou Arab, Genocide Expert Paul Behrens, Col Desmond Travers and Ivan
Karakashian, Head of Advocacy and Defence for Children International.
In terms of the
crime of incitement to genocide, the tribunal received evidence ‘demonstrating
a vitriolic upswing in racist rhetoric and incitement’ during the summer of
2014. ‘The evidence shows that such incitement manifested across many levels of
Israeli society, on both social and traditional media, from football fans,
police officers, media commentators, religious leaders, legislators, and
government ministers.’
The Tribunal also
found evidence of the following war crimes:
o
Willful killing
o
Extensive destruction of property not justified by military necessity
o
Intentionally directing attacks against a civilian population and
civilian objects
o
Disproportionate use of force
o
Attacks against buildings dedicated to religion and education
o
The use of Palestinians as human shields
o
Employing weapons, projectiles, and material and methods of warfare
which are of a nature to cause superfluous injury or unnecessary suffering
which are inherently indiscriminate
o
The use of violence to spread terror among the civilian population
The Tribunal
further stated: ‘It is recognised that in a situation where patterns of crimes
against humanity are perpetrated with impunity, and where direct and public
incitement to genocide is manifest throughout society, it is very conceivable
that individuals or the state may choose to exploit the conditions in order to
perpetrate the crime of genocide.
It further noted:
‘We have have a genuine fear that in an environment of impunity and an absence
of sanction for serious and repeated criminality, the lessons from Rwanda and
other mass atrocities may once again go unheeded’.
The Tribunal calls
on Israel to fulfill its’ obligations under international law and for the state
of Palestine to accede without further delay to the Rome Statute of the
International Criminal Court, fully cooperate with the human Rights Council
Commission of Inquiry and fully engage the mechanisms of international justice.
The Tribunal also reminds
all states to cooperate to bring to an end the illegal situation arising from
Israel’s occupation, siege and crimes in the Gaza Strip. In light of the
obligation not to render aid or assistance, all states must consider
appropriate measures to exert sufficient pressure on Israel, including the
imposition of sanctions, the severing of diplomatic relations collectively
through international organisations, or in the absence of consensus,
individually by breaking bilateral relations with Israel.
It calls upon All
states to fulfill their duty ‘to take such action under the Charter of the
United Nations as they consider appropriate for the prevention and suppression
of acts of genocide’.
The Full and
detailed findings and recommendations of the Russell Tribunal on Palestine can
be found at the Russell Tribunal website: www.russelltribunalonpalestine.com
The Tribunal will
present its’ findings to the European Parliament today.
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