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On December 21, 2023, Alrowwad Cultural and Arts Society conducted a webinar, titled “Genocide and Human Rights Violations in Gaza,” through the Investment in Human Rights Program. The webinar took place on Zoom platform in collaboration with Palestine Ahliya University, the Independent Commission for Human Rights, and the Palestinian Bar Association. The hour-and-a-half-long virtual event engaged more than 65 participants, including legal experts, representatives from local and international institutions, and law students in Palestine.
Legal and human rights experts participated in the webinar to address the issues of genocide and human rights violations in Gaza, focusing particularly on legal aspects and the role of the International Criminal Court (ICC) in addressing these crimes. Discussions included the ICC’s role, challenges in bringing charges against leaders of powerful nations, and the potential political exploitation of the court.
The webinar highlighted statements from the Israeli Minister of War regarding the complete blockade and deprivation of essential resources in Gaza as evidence of deliberate and widespread crimes against the people of Gaza. Emphasis was placed on the impact of Israeli colonial occupation, including intentional killings, on civilians in Gaza, resulting in a significant number of casualties and injuries.
International agreements, including the Geneva Conventions, were discussed as a basis for identifying war crimes and violations committed in Gaza, shedding light on the intentional targeting of protected individuals and properties. The legal and ethical implications of planned and systematic actions by the Israeli occupation were clarified, emphasizing the need for accountability and justice for the atrocities committed against the people of Gaza.
The Webinar opened with a statement from Dr. Abdelfattah Abusrour, the General Director of Alrowwad Society, expressing condolences for the martyrs, wishing healing for the wounded, and demanding freedom for all prisoners and the return of deportees and displaced persons. Dr. Abusrour highlighted the ongoing Zionist colonization and aggression in all occupied Palestinian territories, reflecting on the 107 years since the Balfour and Sykes-Picot agreements, 75 years of Zionist colonial occupation, and the continuous aggression lasting over 77 days, including genocide, ethnic cleansing, and war crimes in Gaza.
During the Webinar , Dr. Tamer Sarsour, an expert in international law and international relations at Palestine Ahliya University, discussed genocide in international law. Subsequent speakers included Dr. Emilio Dabed, a Palestinian-Chilean professor of law at the University of New York in Toronto, Dr. Mohammed Abu al-Rub, a law professor at An-Najah University in Nablus, Dr. Amar Dweik, the Director-General of the Independent Commission for Human Rights, and Mr. Amjad Al-Shalal, a member of the Palestinian Bar Association. They covered topics such as the legal adaptation to crimes and violations in Gaza, the Palestinian role in facing genocide, war crimes, and crimes against humanity, and the international and local roles in confronting genocide and war crimes.
During the webinar:
Professor Dr. Tamer Sarsour stated that the discussion of genocide today is of great importance due to the controversy it raises regarding the establishment of the principle of international responsibility. The significance of this topic lies in its severity and its presence in international agreements or even within the framework of international courts. Genocide, as defined by international law, is considered the mother of crimes against humanity, involving the intentional mass killing of a group of individuals bound by religious, ethnic, or linguistic ties. International law explicitly prohibits the targeting of civilians and intentional killing, including the genocide of wounded, sick, and war captives. Thus, according to international law, genocide is considered a serious crime.
Dr. Emilio Dabed spoke about the role of the International Criminal Court (ICC), providing a brief history of its establishment in 1998 and its operational commencement in 2002. He discussed the general historical context of international criminal courts, particularly the Nuremberg and Tokyo trials after World War II. The need for a permanent international criminal court was emphasized, and the challenges faced by the ICC were highlighted, especially regarding the political exploitation by powerful nations.
The discussion delved into the legal aspects of genocide, with Dr. Tamer Sarsour mentioning that many elements defining genocide were observed in the context of the Israeli war on Gaza, emphasizing the legal implications of these actions. Dr. Emilio Dabed explained the historical background of the ICC and its role in addressing international crimes.
The political aspect of the ICC was also addressed, with Dr. Emilio Dabed pointing out that powerful nations have used the ICC to serve their political interests. He criticized the ICC for allegedly being selective in targeting African, Arab, and certain Asian countries while avoiding cases involving leaders of industrialized nations, particularly the five permanent members of the United Nations Security Council.
In summary, the webinar discussed the legal and historical aspects of genocide, emphasizing its relevance in the contemporary context, and examined the role and challenges faced by the International Criminal Court in addressing crimes against humanity
Professor Dr. Mohammed Abu Al-Rub stated, “At the beginning of the war, the Zionist Minister of War, Yoav Gallant, used words and statements in a press conference outlining a comprehensive blockade plan on the Gaza Strip. He announced the intention to cut off electricity, and water, impose a blockade on the arrival of food and humanitarian aid, and explicitly stated the intention to starve the population. This statement drew widespread criticism from human rights defenders, especially supporters of Palestinian rights, who deemed it a violation of human dignity, particularly Palestinian dignity. According to international institutions such as Human Rights Watch, this statement was considered a war crime, as Israeli actions surpassed mere war crimes and constituted compound crimes.
It was affirmed that the comprehensive blockade and starvation constitute war crimes, and these actions were linked to the diversity of crimes, extending beyond affecting daily life to include health, social, and environmental impacts. International trials indicate the involvement of the Israeli colonial state in committing war crimes, including intentional and wilful attacks according to international law. This statement reflects a pre-planned strategy promoted in October, aiming to achieve specific goals. Through this statement, the impact of the blockade and starvation on the population is evident, deliberately directed to achieve political objectives. Of course, we are by no means suggesting that the killing of civilians is justified. We are talking about civilians protected under the Fourth Geneva Convention.
Dr. Ammar Al-Dweik added, “We began hearing statements like the one issued by the Israeli Minister of Defense and the Israeli Army Minister. The infamous phrase was uttered: ‘We are fighting human animals, not electricity. No food, no fuel, and no aid.’ Therefore, it was clear to us from the first day that we were facing unprecedented signs and an Israeli assault that could escalate to genocide. So, we almost considered the third day of the war as being in a pre-genocidal stage. This means, according to Palestinian human rights discourse, that in the first week of the war, what was happening in Gaza included elements of genocide and strong indications of the possibility of it occurring.
He addressed the question of the Palestinian response, emphasizing the role of the Independent Commission for Human Rights, a national institution primarily committed to the human rights obligations of Palestinians. However, since October 7th, an emergency response plan has been developed, focusing on seven key issues: stopping the war, preventing genocide, exposing war crimes, supporting Palestinian resilience, engaging the international community, activating legal mechanisms, and promoting Palestinian unity. These initiatives align with the efforts of other Palestinian human rights organizations.
The primary focus was on stopping the war, emphasizing that the protection of civilians is impossible without an end to the aggression. The second major issue discussed more forcefully in the second week of the war, was the prevention of genocide. The term genocide was initially introduced by Palestinians and later internationally adopted, with significant support from various organizations, including the U.S.-based Constitutional Rights Center. They conducted a legal study emphasizing the potential for genocide, with over 25 special rapporteurs issuing warnings of the possibility of genocide.”
Mr. Amjad Al-Shella stated, “The crime against the Gaza Strip is an ongoing atrocity, as Gaza has been considered ‘besieged’ for nearly 17 years, remaining completely and comprehensively blockaded. We have always regarded it as a large open prison. Today, we fear, and fear greatly, that Gaza may become a mass grave, and everyone is witnessing this, whether through the media, social media, or all screens. The discussion now revolves around numbers and statistics of martyrs and the missing who are still under the rubble. Everyone fully realises the magnitude of the heinous crime committed in the Gaza Strip by the Israel colonization, which continues to this day.”
“I want to point out that we, as Palestinians, now view the international system as complicit in this crime. The governments of the United States, Germany, France, and Britain represent international legitimacy. All these governments are partners, and if we want to prosecute Israeli colonisation and hold it accountable for its crimes. The recent U.S. veto in the Security Council was clear, and we may be close to another veto, likely another U.S. veto.”
For decades, Israeli colonial regime has tried to present its narrative about the Holocaust to the world. Today, we believe that the Palestinian people are suffering massacres similar to the Holocaust. Therefore, when we talk about the International Criminal Court and its role, we do not mean to speak from a perspective of frustration or despair. Dr. Tamer pointed out that the Prosecutor of the International Criminal Court, Mr. Fatou Bensouda, came and visited the Rafah crossing from the Egyptian side, only entering Palestinian territory after urging and pressure, as part of the efforts of the Palestinian Independent Commission.”
“We are working collaboratively with all Palestinian national institutions, documenting the crimes of Israeli occupation in the Gaza Strip. We have many partners, from Arabs and various countries worldwide. There are lawyer unions working with us daily and continuously preparing reports for the International Criminal Court. In the last international meeting held in Algeria, we worked on documenting the crimes of the Israeli occupation in the Gaza Strip.”
“In conclusion, the participants in the online Webinar raised a series of human rights and legal questions addressing war crimes, the legal formulation of arresting war criminals, stopping genocide, protecting civilians, health workers, doctors, civil defense, and the role of UNRWA and the United Nations in stopping these crimes and protecting Palestinian refugees and internally displaced persons in the sector. This online Webinar is an urgent need to shed light on the reality of the suffering and genocide faced by the people of Gaza for more than 75 days and the necessity to convey messages to the international community to take immediate action to stop this genocide, investigate the crimes committed by the Israeli occupation, and prosecute war criminals while lifting the blockade on the Gaza Strip.”
