Legal Experts Propose the Genocide Convention against Israel

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  • World leaders accuse Israel of “war crimes and genocide,” prompting concerns of a crisis with far-reaching consequences.
  • Calls for legal action under The Convention on the Prevention and Punishment of the Crime of Genocide gain traction, emphasising the need for immediate measures against acts of genocide, while acknowledging the complex challenges of international opposition.

In a chorus of grave concerns, prominent figures across the globe have levied an outcry against Israel, stating it to be engaged in egregious actions that extend to the harrowing realms of “war crimes and genocide.” Iran, in a striking social media post, issued a stern warning, cautioning that if Israel’s conduct remains unchecked, the situation could escalate into an unprecedented crisis with far-reaching implications.

Notably, Venezuela’s President Nicolas Maduro referred to Israel’s actions as genocide against the Palestinian people.

President of Venezuela, Nicolás Maduro Moros

While South African President Cyril Ramaphosa expressed his profound apprehension that Israel’s planned actions could culminate in a situation closely resembling genocide, referred to Israel as an Oppressor and an apartheid.

Furthermore, respected legal experts such as Noura Erakat and the late Michael Ratner, have expressed that genocide, as defined under international conventions, transcends mere mass casualties; it can also encompass the intent to harm a distinct segment of the population. Consequently, discussions have arisen regarding the utilisation of legal mechanisms, most notably The Convention on the Prevention and Punishment of the Crime of Genocide.

Professor Francis Boyle, affiliated with the University of Illinois, stands as a prominent advocate for the nuanced application of the Genocide Convention. His distinguished work draws inspiration from his prior role as the legal representative of the Republic of Bosnia and Herzegovina in their genocide case against Yugoslavia, presented before the International Court of Justice. In his analysis, he asserts:

Immediately institute legal proceedings against Israel before the International Court of Justice in The Hague on the basis of the 1948 Genocide Convention, request an Emergency Hearing by the Court, and obtain an Order by the Court against Israel to cease and desist from committing all acts of genocide against the Palestinians. This Order will then be transmitted by the Court to the United Nations Security Council for enforcement as required by the United Nations Charter. In the event the United States were to exercise a veto at the Security Council against the enforcement of this World Court Cease-and-Desist Order against Israel, you can then invoke the General Assembly’s Uniting for Peace Resolution of 1950 in order to have the World Court Order turned over to the United Nations General Assembly for enforcement against Israel. Under the terms of the Uniting for Peace Resolution, the General Assembly can recommend enforcement measures against Israel to every state in the world that would be lawful for them to carry out. In addition, the U.N. General Assembly could also admit Palestine as a full-fledged U.N. Member State. 

Voices have echoed calls to initiate immediate legal proceedings before the International Court of Justice in The Hague, seeking a court order that would compel Israel to desist from acts tantamount to genocide against the Palestinian people. Yet, the prospect of garnering international consensus for the enforcement of such orders faces political obstacles, including potential vetoes within the United Nations Security Council. Nevertheless, the urgency of the situation has ignited calls for collective action, urging nations aligned with the Palestinian cause such as Bolivia, Brazil (the current head of the Security Council), Chile, Paraguay, Peru, Russia, Uganda and of course thr Muslim world, to actively employ the complete spectrum of legal mechanisms at their disposal, which encompass the Genocide Convention and the Uniting for Peace mechanism.

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