As Israel defies UNSC demand for Gaza Ceasefire, UN Human Rights Body slams
ongoing “Genocide”
by Juan Cole, Informed Comment, March 26
https://www.juancole.com/2024/03/ceasefire-ongoing-genocide.html

The UN Security Council has finally passed a ceasefire resolution for Gaza,
from which the US abstained, so it was passed by the other 14 members.
Although UNSC resolutions are binding, and countries like Iraq and Iran
have been severely punished for disobeying them, the US is running
interference for the Netanyahu government by insisting that the resolution
is “non-binding.”
  .  .  .
In a further blow to Israeli policy, Francesca Albanese, the Special
Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967 of the UN Human Rights Council, issued a report Monday
entitled *“Anatomy of a Genocide*
<https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session55/advance-versions/a-hrc-55-73-auv.pdf>."

  .  .  .
Her report begins, “After five months of military operations, Israel has
destroyed Gaza.” She points out that the Israeli military has killed over
30,000 Palestinians, included over 13,000 children, and has wounded 71,000.
She says that not only has 80% of the population been made refugees but 70%
of the areas where people lived have been destroyed. So they have no place
to return to. Corpses have decayed “in homes, in the street or under the
rubble.”

The report concludes that Israel’s policies in Gaza give “reasonable
grounds to believe that the threshold indicating Israel’s commission of
genocide is met.”
  .  .  .
Finally, the Israeli military has subverted basic principles of
international humanitarian law, which makes a key distinction between
combatants and noncombatants. In essence, Israel’s government has treated
all Palestinians in Gaza as combatants. Moreover, the Israeli military has
declared all civilian institutions to be Hamas “power centers,”
obliterating the distinction between hospitals and military garrisons.
While such “objects” can be legitimate targets if they are used by the
enemy for military purposes, they are only targets while they are so being
used. Israel’s army is treating them as legitimate targets if they ever
were or potentially might be used by Hamas. It is thus ignoring the
distinction between military and civilian objects.
   #   #   #


Ex-U.N. Official Craig Mokhiber: Israel Must Be Held Accountable for
Violating Ceasefire Resolution
DemocracyNow!, March 26, 2024
https://www.democracynow.org/2024/3/26/un_ceasefire_resolution_israel_gaza

*We speak with former top U.N. human rights official Craig Mokhiber after
the Security Council voted Monday on a resolution calling for an immediate
ceasefire in Gaza and the release of all remaining hostages. The United
States abstained from the vote, allowing it to pass after nearly six months
of obstructing similar efforts at the Security Council. Mokhiber, who
resigned in October over the U.N.'s failure to address rights violations in
Israel-Palestine, says “Israel has the world record” for violating U.N.
resolutions and is certain to violate this ceasefire resolution, as well,
even though it expressed “the very broad consensus across the global
community against Israel's onslaught on Gaza.” Israel continued bombing
Gaza after Monday’s vote, and top Israeli leaders have vowed to continue
the war that has killed over 32,000 Palestinians so far. “What this
genocide has done is it has revealed the weaknesses, the political
compromises, the moral failings of the United Nations and other
international institutions,” says Mokhiber, who adds that continued
pressure from civil society is needed to end the bloodshed.*
  .  .  .
Craig Mokhiber:  So, despite all of this talk about tensions in
U.S.-Israeli relations and this rare instance of the U.S. not vetoing a
resolution on Israel’s behalf, the U.S. is clearly continuing to run
interference on behalf of Israel at the U.N. And as you say, this is made
all the more clear by the statements of the U.S. immediately after the
adoption of the resolution, in which the U.S. has claimed — entirely
falsely, by the way — that the ceasefire demand is conditional on the
release of hostages and, secondly, that the resolution itself is
nonbinding. Linda Thomas-Greenfield, the U.S. ambassador to the U.N., made
these claims in the session of the Security Council after the adoption of
the resolution. Both of these claims are completely false and have no legal
grounding. The U.N. Charter in its Article 25, subsequent decisions of the
International Court of Justice have made this undisputable. Security
Council resolutions are binding on all member states. And this is
black-letter law in the Charter that says that all members of the United
Nations are bound to accept and carry out the decisions of the Security
Council, as I say, subsequently affirmed by the International Court of
Justice.
  .  .  .
And in the end, I have to say, we also know that Israel is unlikely to
respect any of the terms of this resolution. They’ve already declared that
they will not do so. And they have continued all of their military
offensives and genocidal assaults on the Gaza Strip since the adoption of
the resolution. We also know that the United States is very unlikely to use
any leverage to compel Israel to comply with the resolution. And their
language now on trying to claim that it’s nonbinding is evidence that that
is their intent. So, the killing continues. Forced starvation continues.
Genocide continues unabated.
  .  .  .
Craig Mokhiber:  ...  In this case, because the U.S. has not vetoed it,
they have, in effect, blocked action in the General Assembly under the
Uniting for Peace resolution, where you could have seen some real
meaningful action. You could have seen a resolution with teeth, with
substance, resolution that included diplomatic, military, political,
economic sanctions — not the enforcement of those sanctions, but the call
for those sanctions — the deployment of a protection force, the
establishment of a tribunal, the establishment of permanent mechanisms, as
was the case within the United Nations during apartheid in South Africa.
So, there are actions that could be taken here, but the nonveto has slowed
action in the General Assembly, while at the same time allowing the United
States to claim that, yes, the resolution passed, but somehow it’s not
binding.
  .  .  .
Craig Mokhiber: ... this is the challenge of enforcement. It’s clear that
as long as Israel’s principal sponsor — I’d say its co-belligerent — the
United States of America, is not committed to reining in Israel’s assaults,
those assaults are going to continue, regardless of what the International
Court of Justice or the Security Council or other legal mechanisms at the
international level rule. ...
  .  .  .


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