The unacceptable must be fought by all means
On 9 November [2023] at 11 am in The Hague, a denunciation for genocide and other crimes (art.15.1) concerning Palestine in particular will be presented to the International Criminal Court. The underlying inspiration is “justice is the answer to violence”. The initiative was taken by an international group of lawyers coordinated by Gilles Devers (Lyon). Various associations (100), including the Agora of the Inhabitants of the Earth, acted as witnesses.
It is well known that, in the current context, the use of international legal bodies does not have the weight it should have. Among the states that bear the greatest responsibility in the case in question, the United States and Israel have not recognized the legitimacy of the ICC and prevented inspectors from entering their territory. Additionally, the United Nations passed a series of motions calling for a ceasefire, but the United States vetoed and blocked them.
Despite this, the presentation of the denunciation is of great importance because it involves defending the law, the international law, and the rights of peoples [by fighting] tooth and nail! It is about safeguarding the primacy of law and justice over any other political, economic, cultural, technological or religious emergency or opportunist “imperative”.
Our societies have become (again) very violent towards life because they have made violence one of the “legitimized” ways of their behavior. Think of the destruction of nature (ecocide) on the altar of economic growth and of the enrichment of the rich. Think about the violence in stadiums and in other environments, including political ones.
We must not remain silent in the face of the barbarity of those in the world of politics who are responsible for this violence. We must not remain silent in the face of the barbarity of those leaders who, in the case of the war in Ukraine for example, have preached and continue to preach, with widespread consensus among the population, “war until victory”.
Never remain silent in the face of preachers of violence and hatred. It is not possible to remain silent when, as the promoters of the denunciation point out: “In June 1967, Israel carried out a military operation which led it to take control of the entire territory of Mandatory Palestine, under the military occupation regime, the West Bank, Gaza and East Jerusalem” and, subsequently, “annexed the eastern part of the territory of Jerusalem and 38 neighboring municipalities, violating the principle of the prohibition on the acquisition of territory by armed force.(….). Since 1967, Israel has maintained the status of occupying military power throughout the Occupied Palestinian Territory, including Gaza. The United Nations has denounced the illegal nature of its settlements, but no measures have been taken either for the settlements or for Jerusalem(….). In 2008, 2012, 2014, and 2021, Israel launched military operations that caused significant loss of life and destruction. These actions have been well documented by the United Nations, but despite efforts made, no legal proceedings have been initiated.”
Is it possible that the international community continues to fail to respect international law and United Nations resolutions? How can we expect our [states] to be considered “states of law”?
Furthermore, in the name of humanity, we must protest against the statements cited in the complaint:
“On October 9, 2023, [Israeli] Defense Minister Yoav Gallant ordered the complete siege of the Gaza Strip: ‘There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals and we behave accordingly.” He also threatened to “bomb anyone who tries to provide aid to the Gaza Strip.” Today in Gaza there is no more water, oil, or electricity… even the hospitals have been bombed or are functioning in desperate conditions.
Reservist General Giora Eiland [of the Israel Defense Forces] wrote in Yedioth Ahronoth: “Creating a serious humanitarian crisis in Gaza is a necessary means to achieve the goal. Gaza will become a place where no human being can exist. “Objective almost achieved.
According to Energy Minister [of Israel] Israel Katz: “The entire civilian population of Gaza was ordered to leave immediately. We will win. They won’t get a drop of water or a single battery until they leave the world.” Indeed, many have already left it…
The UN Secretary-General was absolutely right when he reaffirmed on 13 October that “international humanitarian law is not an à la carte menu to be applied selectively. All parties must respect it, including the principles of precaution, proportionality and distinction.”
Justice is the only answer to violence. The ongoing actions are leading to the deconstruction of humanity and we are already in the abyss. It is criminal not to listen and follow the dramatic cries to stop the massacres. We do not have to propose realistic solutions to get the ceasefire approved. The search for solutions can only begin with a ceasefire.
The denunciation presented by the lawyers is a praise to justice.