Category: Justice

Democracy Now!

NERMEEN SHAIKH: Israel’s deadly siege on northern Gaza has entered a 30th day. Early week, the World Health Organisation managed to deliver some medical supplies to the Kamal Adwan Hospital, but on Thursday, Israeli fighter jets bombed the hospital’s third floor, where the supplies were being stored.

Al Jazeera reports Israeli forces are continuing to shell Beit Lahia, the scene of multiple massacres last week. On Wednesday, an Israeli attack on a market in Beit Lahia killed at least 10 Palestinians. Earlier in the week, Israel struck a five-story residential building, killing at least 93 people, including 25 children.

Meanwhile, at the United Nations, the UN Special Rapporteur on the Occupied Palestinian Territory, Francesca Albanese, has released a major report accusing Israel of committing genocide.

Albanese concludes that Israel’s war on Gaza is part of a campaign of, “long-term intentional, systematic, state-organised forced displacement and replacement of the Palestinians” . The report is titled Genocide as Colonial Erasure.

AMY GOODMAN: Francesca Albanese is now facing intensifying personal attacks from Israeli and US officials. She was set to brief Congress earlier last week, but the briefing was cancelled. On Tuesday, the US Ambassador to the United Nations, Linda Thomas-Greenfield, wrote on social media, “As UN Special Rapporteur Albanese visits New York, I want to reiterate the US belief she is unfit for her role. The United Nations should not tolerate antisemitism from a UN-affiliated official hired to promote human rights.”

On Wednesday, Francesca Albanese spoke at the United Nations and responded to the US attacks.

FRANCESCA ALBANESE: I have the same shock that you have, looking at how the United States is behaving in this context, in the context of the genocide that is unfolding in Gaza. I’m not — I’m not surprised that they attack anyone who speaks to the facts that are, frankly, on our watch in Gaza. And they do that so brutally because they feel called out, because it’s not that it’s that the United States is simply an observer. The United States is being an enabler in what Israel has been doing.

AMY GOODMAN: That was UN Special Rapporteur Francesca Albanese speaking at the United Nations on Wednesday. She joins us here in our studio.

Welcome back to Democracy Now! Thanks so much for joining us.

Well, before we get you to further respond to what the US and Israel is saying, can you lay out the findings of your report?

Colonial Erasure’: UN expert Francesca Albanese on Israel’s “intent to destroy” Gaza Video: Democracy Now!

FRANCESCA ALBANESE: Absolutely. First of all, thank you for having me.

I have to say that this report is the second I write on — and I present to the United Nations on the topic of genocide. And it has been very reluctantly that I’ve taken on the responsibility to be the chronicler of — the chronicler of an unfolding genocide in Gaza.

In March this year, I concluded that there were reasonable grounds to believe that Israel had committed at least three acts of genocide in Gaza, like killing members of the protected group, Palestinians; inflicting severe bodily and mental harm; and creating conditions of life that would lead to the destruction of the group. And the reason why I identified these were not just war crimes and crimes against humanity is because I identified an intent to destroy.

And I understand that even in this country, people are quite confused about what is genocidal intent, because it’s not a motive. One can have many motives to commit a crime. And I understand genocide is a very insidious one, and it’s difficult to identify what’s a motive. But this is not about the motives. The intent to commit genocide is the determination to destroy, which is fully evident in — especially in the Gaza Strip, as I identified in — as argued in March already.

The reason why I continue to write about genocide — and, in fact, this report walks on the heels of the previous one — is in order to better explain the intent, especially state intent, because there is another misunderstanding that there should be a trial of the alleged perpetrators in order to have — to attribute responsibility to a state.

No, because not only you have had acts committed that should have been prevented by the — in a rule of law, in a proclaimed rule of law system like Israel, where there is the government, the Parliament, the judiciary, working as checks and balances, genocide has not only been not prevented, [it] has been enabled through the various organs of the state.

And I explain what has happened as of October 7, which has provided the opportunity to escalate violence, to build on the rage and on the fury of many Israelis, turning the soldiers into willful executioners, is that there was already a plan, hatred.

I mean, the Palestinians, like Ilan Pappé says, are victims not of war, but of a political ideology that has been unleashed. Palestinians have always been an unwanted encumbrance in the Israeli mindset, because they are an obstacle both as an identity and as legal status to the realisation of Greater Israel as a state for Jewish Israelis only.

NERMEEN SHAIKH: So, we’ll go back to — because I do want to ask about the Israeli state institutions that you name and the branches of the Israeli state that have been involved in forming this state’s intent. But if you could elaborate on the point that you make, the difference between intent and motive, and in particular what you say in the report about how it’s critical to determine genocidal intent, “by way of inference”?

You know, that’s a different phrasing than one has heard in all of this conversation about genocide so far. If you explain what you mean by that and what such a determination makes possible? So, rather than just looking at genocidal intent in other forms, what it means to infer genocidal intent?

FRANCESCA ALBANESE: So, first of all, what constitutes genocide is established by Article II of the Genocide Convention, which creates a twofold obligation for member states, to prevent genocide so genocide doesn’t have to complete itself. When there is a manifestation of intent, even genocidal intent, there is already an obligation to intervene, because a crime is unfolding.

And then there is an obligation to punish. How the jurisprudence, especially after Rwanda and after former Yugoslavia, there have been cases both for criminal proceedings, where individual perpetrators have been investigated and tried, and [the] responsibility of the state, litigated before the International Court of Justice. This is how the jurisprudence on genocide has developed.

And the intent has been further elaborated upon what the Genocide Convention says. And while it might be difficult to have direct intent, meaning to have — it’s difficult but not impossible, in fact, to have a state official say, “Yes, let’s go and destroy everyone” — although I do believe that there is direct intent in this genocide in Gaza.

But the court also established that genocide can be inferred from the scale of the attack on the people, the nature of the attack, the general conduct. And what it says is that normally there should be a holistic approach in order to identify intent, which is exactly what I’ve done.

And indeed, this is why I proposed in this report what I called the triple lens approach. We need to look at the conduct, like the totality of the conduct, instead of studying with a microscope each and every crime. We need to look at the whole, against the totality of the people, the Palestinians as such, in the totality of the land, that Israel has slated as its own by divine design.

NERMEEN SHAIKH: No, absolutely. And then, if you could — the other precedent you’ve just spoken about — of course, Rwanda and former Yugoslavia — another case that you cite in the International Court of Justice is The Gambia v. Myanmar. So, how is that comparable to what we see happening in Gaza? Why is that a relevant example and different from both Rwanda and former Yugoslavia?

FRANCESCA ALBANESE: Let me tell you what I see as the major differences in the case of Israel, because it’s a very complex discussion. But in all four cases, there is a toxic combination of hatred, ideological hatred, which has informed political doctrines. And this is true in all the various contexts we are mentioning. The other common element is that there is [a] combination of crimes. Like, forced displacement is not an act of genocide per se, but the jurisprudence says that it can contribute to corroborate the intent.

But, again, mass killing or mass destruction of property, torture and other crimes against a person, which translate into an infliction of physical and mental harm to the group, not individuals as such, but individuals as part of the group, these are common elements to all genocides.

What I find characteristic in this one is, first of all, this is not — I mean, the state of Israel is not Myanmar and is not Rwanda 30 years ago. This is not war-torn former Yugoslavia. This is a state which has a separation of powers, different organs, as I said, checks and balances. And let me give you a specific example, because you asked me to comment on the state functions.

In January this year, the International Court of Justice issued a set of preliminary measures in the context of its identification, before even looking at the merits of the case initiated by South Africa for Israel’s breach, alleged breach, of the Genocide Convention, which identified the plausibility of risk for the rights protected — of the rights of the Palestinians protected under the Genocide Convention, which means plausibility — it’s semantics, but it’s plausibility that genocide might be committed against the Palestinians in Gaza.

And the provisional measures included an obligation to investigate and prosecute the various cases of incitement, genocidal incitement, that the court had already identified. And it mentions leaders, senior leaders, of the Israeli state. Has there been any investigation? Has there been any prosecution?

But I’m telling you more. The genocidal statements didn’t resonate as shocking in the Israeli public, not only because there was rage, an enormous rage and animosity, of course. I mean, this is understandable, that the facts of October 7 were brutal and traumatized the people.

But at the same time, hatred against the Palestinians and hate speech, it’s not something that started on October 7. I do remember, and I do remember the shock I felt because no one was reacting, and years ago, there were Israeli ministers talking of — freely, of killing, justifying the killing of Palestinians’ mothers and children because they would turn into terrorists.

AMY GOODMAN: Francesca Albanese, talk about the title of your report, Genocide as Colonial Erasure.

FRANCESCA ALBANESE: This is another element which I think — and, in fact, it’s the most important, where we see the difference between this genocide and others, because there is a settler-colonial component. And again, if you look at what the International Court of Justice in July this year concluded, when it decided that the — when it found that Israel’s 57 years of occupation in Gaza, the West Bank and East Jerusalem is unlawful and needs to be withdrawn totally and unconditionally, as rapidly as possibly, which the General Assembly says by September 2025.

The court said that it amounts to — that the colonies amount to — have led to a process of annexation and racial segregation and apartheid. And these are the features of settler colonialism, the taking of the land, the taking of the resources, displacing the local population and replacing it. This has been a feature.

Now, it is in this context that we need to analyse what is happening today. And by the way, don’t believe, don’t listen only to Francesca Albanese. Listen to what these Israeli leaders and ministers are saying — reoccupying Gaza, retaking Gaza, recolonising Gaza, reconquesting Gaza. This is what they are saying.

And there are settlers on expeditions, not only to Gaza but also to Lebanon. So, this is why I say that the main difference, the main feature of this genocide, apart all the horrible aspects of it, is that this is the first settler-colonial genocide to be ever litigated before a court, an international court.

And this is why coming to this country, which is a country birthed from a genocide, when I meet the Native Americans, for example, I feel the pain of these people. And I say if we manage to build on the intersectionality of Indigenous struggle, the cry for justice behind this case for Palestine will resonate even louder, because it will somewhat be an act of atonement from the settler-colonial endeavor, which has sprouted out of Europe, toward Indigenous peoples. So there is a lot of symbolism behind it.

NERMEEN SHAIKH: And, you know, the analogy — first of all, you talked about the case brought by South Africa, so what they share, apart from South Africa and Israel-Palestine, is both the fact that they were colonial-settler states, as well as the fact that apartheid has been established as having occurred in both places.

Now, in the case of South Africa, it was a decision that was taken by the United Nations at the time of apartheid, was unseating South Africa from the General Assembly. There have been calls now to do the same with Israel. So, if you could — if you could comment on that?

And then, I just want to quote another short sentence from your report, in which you say, “As the world watches the first live-streamed settler-colonial genocide, only justice can heal the wounds that political expedience has allowed to fester.” So, if you could talk about the International Court of Justice’s case in that context, what role you think they can play, South Africa’s case, in resolving or addressing — seeing and addressing this wound?

FRANCESCA ALBANESE: First of all, let me unpack the question of the unseating Israel, because this is one of the recommendations I made in my report. Under Article 6 of the UN Charter, a member state can be suspended of its credentials or its membership by the General Assembly upon recommendation of the UN Security Council. And the first criticism I got is that we cannot do that, because every states commit international law violations. Absolutely. Absolutely.

But there are two striking features here. First, Israel is quite unique in maintaining an unlawful occupation, which has deemed such by — in at least one full occasion, but again, there was already a case brought before the ICJ in 2004, so there have been two ICJ advisory opinions.

There is a pending case for genocide. There has been the violations of hundreds of resolutions by the — on Israel — over occupied Palestinian territory, by the Security Council, the General Assembly, the Human Rights Council, and steady violation of international humanitarian law, human rights law, the Apartheid Convention, the Genocide Convention. So this is quite unique.

But all the more, this year alone, Israel has conducted an attack, an unprecedented attack, against the United Nations. It has attacked physically, through artillery, weapons, bombs, UN premises. Seventy percent of UNRWA offices and UNRWA buildings, clinics, distribution centers have been hit and shelled by the Israeli army.

Two hundred and thirty UN staff members have been killed by Israel in Gaza alone. UN peacekeepers in Lebanon have been attacked. And this doesn’t even take into account the smear, the defamation against senior UN officials, the declaration of the secretary-general as persona non grata, the referring to the General Assembly as a “cloak of antisemites”.

Again, this has mounted to a level — the hubris against the United Nations and international law has been unchecked and unbounded forever, but now, especially after the Knesset passed a law outlawing UNRWA, declaring UNRWA a terrorist organisation, and therefore disabling it from its capacity to deliver aid and assistance especially in Gaza and the West Bank and East Jerusalem, this is the nail in the coffin of the UN Charter.

And it can also contribute to that sense of colonial erasure, because here it’s not just at stake the function of a UN body — and UNRWA is a subsidiary body of the General Assembly, so it’s even more serious. But there is the capacity of UNRWA to deliver humanitarian aid in a desperate situation, and also the fact that UNRWA is seen by Israel as the symbol of Palestinian identity, especially the Palestinian refugees. So there is an attempt to erase Palestinianness, including by hitting UNRWA.

AMY GOODMAN: I want to ask you about your trip here, as we begin to wrap up. The US Ambassador to the United Nations, Linda Thomas-Greenfield, quoted on — tweeted on Tuesday, “As UN Special Rapporteur Albanese visits New York, I want to reiterate the US belief she is unfit for her role. The United Nations should not tolerate antisemitism from a UN-affiliated official hired to promote human rights.” If you can further address their charge of antisemitism against you?

FRANCESCA ALBANESE: Yeah.

AMY GOODMAN: And talk about what happened. You were supposed to come to Congress and speak and brief them, but that was cancelled this week.

FRANCESCA ALBANESE: Yes, it was canceled. But let me — first of all, I’m very embarrassed to read this, because a senior US official who writes this, I mean, it shows a little bit of desperation. I’m sorry, but, you know, I’m very candid.

And let me unpack my antisemitism for the audience. So, what I’ve been accused of — the reason why I’ve been accused of antisemitism — is because I’ve allegedly compared the Jews to the Nazis. Never done. Never done.

What I’ve said, what I’ve done is saying, and I keep on saying, that history is repeating itself. I’ve never done such a comparison where I draw the parallel. It’s on the behaviour of member states who have the legal and moral obligation to prevent atrocities, including an unfolding genocide.

In the past, they have done nothing — nothing — until the end of the Second World War, to prevent the genocide of the Jews and the Roma and Sinti. And they’ve done nothing to prevent the genocide of the Bosnians.

And they’ve done nothing to prevent the genocide of the Rwandans. And they are doing the same today. This is where I insist that now, compared to when there was the Holocaust, now we have a human rights framework that should prevent this. The Genocide Convention to prevent this. So, this is one of the points.

The second point, — which leads to portray me as an antisemite, which is really offensive — is that I’ve said that October 7 was not — I’ve contested, I’ve challenged the argument that October 7 was an antisemitic attack. October 7 was a crime, was heinous. And again, I’ve condemned the acts that were directed against the Israeli civilians, and expressed solidarity with the victims, with the families. I’ve been in contact with the families of the hostages.

But I’ve also said the hatred that led that attack, that prompted that attack, to the extent it hit civilians, not the military, but it was prompted not by the fact that the Israelis are Jews, but the fact that the Israelis — I mean, the Israelis are part of that endeavor that has kept the Palestinians in a cage for 17 years and, before, under martial law for 37 years. And Palestinians have tried — it’s true they have used violence, but before violence, they have tried dialogue. They have tried collaboration. They have tried a number of means to access justice, and they have gone nowhere.

I can — I mean, let me relate just this case, because last year I worked with children. And someone who was 17 years old before October 7 last year had never set foot out of Gaza. This is the reality. And I spoke with children while I was writing my report on “unchilding”, the experience of Palestinians under Israeli occupation. And one of them — I mean, there were these two girls fighting, because one of them had been able to go to Israel and the West Bank because she had cancer and could be treated, and the other was jealous, because, she said, “At least she was sick, and she could go, she could travel. I’ve never seen the mountains.”

And again, this doesn’t justify violence, but, please, please, put things in context. And even Israeli scholars have said claiming that October 7 was prompted by antisemitism is a way to decontextualize history and to deresponsibilise Israel.

I condemn Israel not because it’s a Jewish state. It’s not about that, but because it’s in breach of international law through and through. And were the majority of Israelis Buddhists, Christians, atheists, it would be the same. I would be as vocal as I am now.

NERMEEN SHAIKH: Francesca, just one last question, and we only have a minute. Your recent book, J’Accuse, you take the title, of course, from the letter Émile Zola wrote during the Dreyfus Affair to the French president. You came under severe criticism for the choice of that title. Could you explain why you chose it and what it means in this context?

FRANCESCA ALBANESE: Absolutely. I have the sense that whatever I say comes under scrutiny and criticism. But J’Accuse is — first of all, it’s the title that was proposed by the editor, the publisher. And I was against it until October 7.

When I saw the narrative, the dehumanization of the Palestinians after October 7, and what it was legitimising, I said, “This is the title. We need to use it,” because I draw the parallel between what is happening to the Palestinians and what has happened to other groups, particularly the Jewish people in Europe.

I say the Holocaust was not just about the concentration camps. The Holocaust was a culmination of centuries of discrimination, and the previous decades had led the Jewish people in Europe to be kicked out of jobs, professions, to be treated like subhumans, as animals. And it’s this dehumanisation that we need to look at in the face today, in the eyes today, and recognise as leading to atrocity crimes.

AMY GOODMAN: We want to thank you for being with us, Francesca Albanese, UN Special Rapporteur on the Occupied Palestinian Territory.

The text of this programme was first published by Democracy Now! here and is  republished under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States Licence.