Report on Situation of Human Rights in Palestinian Territories


Destruction left by Israeli massacre carried out in Beit Lahiya in Northern Gaza,
October 28-29, 2024.

Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, announced on social media that her report titled "Genocide as colonial erasure" is now publicly available in all UN official languages.

The report is comprehensive, detailed and thoroughly documented. It contains eight sections, 93 articles supported by 321 references, and makes 12 recommendations for action by all UN member states.

"Genocide," Albanese writes on social media, "is a complex and insidious crime; proving destructive intent is an onerous task -- yet not when it is so ostentatious, sustained by a political doctrine of ideological hatred and articulated through institutional structures and policies."

Below are the conclusions and recommendations:

Conclusions 
(begin at paragraph 83)

83. The Gaza genocide is a tragedy foretold, and one that risks expanding to other Palestinians under Israeli rule. Since its establishment, Israel has treated the occupied people as a hated encumbrance and threat to be eradicated, subjecting millions of Palestinians, for generations, to everyday indignities, mass killing, mass incarceration, forced displacement, racial segregation and apartheid. Advancing its goal of "Greater Israel" threatens to erase the Indigenous Palestinian population.

84. Obscured by false Israeli narratives of a war waged in "self-defence," the genocidal conduct of Israel must be viewed within a broader context, as numerous actions (totality of conduct) jointly targeting the Palestinians as such (totality of a people) across the entire territory where they reside (totality of the land), in furtherance of the political ambitions of Israel for sovereignty over the whole of former Mandatory Palestine.

Today, the genocide of the Palestinians appears to be the means to an end: the complete removal or eradication of Palestinians from the land so integral to their identity, and which is illegally and openly coveted by Israel.

85. Statements and actions by Israeli leaders reflect a genocidal intent and conduct; they have often used the Biblical story of Amalek to justify the extermination of "the Gazans," erasing Gaza and violently displacing Palestinians, thereby casting Palestinians as a whole as legitimate targets.

86. Individuals clearly identifiable as perpetrators should be prosecuted. However, it is the entire State apparatus that has engineered, articulated and executed genocidal violence, through acts which in their totality may lead to the destruction of the Palestinian people. This must stop; urgent action is required to ensure the full application of the Genocide Convention and full protection of the Palestinians.

87. This ongoing genocide is doubtlessly the consequence of the exceptional status and protracted impunity that has been afforded to Israel. Israel has systematically and flagrantly violated international law, including Security Council resolutions and ICJ [International Court of Justice] orders. This has emboldened the hubris of Israel and its defiance of international law. As the ICC [International Criminal Court] Prosecutor has warned, "if we do not demonstrate our willingness to apply the law equally, if it is seen as applied selectively, we will be creating the conditions of its complete collapse. This is the true risk we face at this perilous moment."

88. As the world watches the first live-streamed settler-colonial genocide, only justice can heal the wounds that political expedience has allowed to fester. The devastation of so many lives is an outrage to humanity and all that international law stands for.

Recommendations
(begin at paragraph 89)

89. The current genocide is part of a century-long project of eliminatory settler-colonialism in Palestine, a stain on the international system and humanity, which must be ended, investigated and prosecuted.

90. The Special Rapporteur reminds all States of their legal obligation to act on their due diligence duties given the clearly serious risk of continuous breach of the Genocide Convention and Geneva Conventions, and urges States to consider and reach an urgent public determination as to what levers and tools each State has at its disposal to ameliorate that risk, whether acting alone or with other States, including at the United Nations; and to explain to the public and the international community the steps which it has taken and why.

91. Whether in compliance with the above due diligence duties or otherwise, the Special Rapporteur urges Member States to:

(a) Use all their political leverage -– commencing with a full arms embargo and sanctions -– so that Israel stops the assault against the Palestinians, accepts a ceasefire and fully withdraws from the occupied Palestinian territory in line with the ICJ Advisory Opinion of 19 July 2024;

(b) Formally recognize Israel as an apartheid State and persistent violator of international law, reactivating the Special Committee Against Apartheid to comprehensively address the situation in Palestine, and warn Israel of possible suspension of its membership under Article 6 of the Charter of the United Nations;

(c) Support the deployment of an international protective presence throughout the occupied Palestinian territory;

(d) Develop a protective framework for Palestinians displaced outside Gaza, in line with international human rights and refugee law, while fully preserving their right to return;

(e) Support independent and thorough investigation(s) of criminal conduct, including genocide and apartheid, including through the application in national courts of universal jurisdiction over those suspected of such criminal conduct, including all relevant ancillary offences;

(f) Investigate and prosecute corporate entities and dual citizens involved in crimes in the occupied Palestinian territory, including soldiers, mercenaries and settlers;

(g) Ensure unhindered humanitarian assistance to Gaza and full financing and protection of UNRWA [UN Relief and Works Agency for Palestine Refugees in the Near East], including from attacks on its premises and personnel and from libelous smear campaigns, and ensure the continuity of its mandate in all fields.

92. The Special Rapporteur urges the ICC Prosecutor to investigate the commission of the crimes of genocide and apartheid by Israel, and investigate other prominent individuals mentioned in the present report.

93. The Special Rapporteur urges the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel to investigate the broader context of eliminatory intent and practices of Israel against all Palestinians (triple lens test), including those with Israeli citizenship and the refugees, and recent acts of genocide.

To view the report in full, click here.



This article was published in
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Wednesday, October 30, 2024

Article Link:
https://cpcml.ca/ITN2024/Articles/TI54424.HTM


    

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