Stopping Genocide

CRAIG MURRAY

All states in the world have a positive duty to intervene to prevent genocide in Gaza now, not after a court has determined the existence of genocide. This is abundantly clear in paragraph 431 of the judgment of the International Court of Justice in Bosnia v. Serbia:

Obviously, this does not mean that the obligation to prevent genocide only arises when the perpetration of genocide begins; that would be absurd, since the objective of the obligation is to prevent, or attempt to prevent, the act from occurring. In fact, a State's obligation to prevent, and the corresponding duty to act, arise at the moment when the State is aware, or normally should have been aware, of the existence of a serious risk of genocide being committed. From that moment on, if the State has means that could have a deterrent effect on those suspected of preparing a genocide, or who are reasonably suspected of harboring a specific intention (dolus specialis), it has the duty to make use of those means to the extent circumstances permit.

This case concerned specifically the application of the Genocide Convention. The fact that the ICJ has ruled that there is a positive duty on states to act to prevent genocide makes it even more surprising to me that no state has invoked the Genocide Convention in relation to the blatant genocide committed by Israel in Gaza. No less disconcerting is that this action has not been undertaken by Palestine itself, which is a party to the Convention and has the capacity to invoke it.

On Monday I attended a surreal event at the United Nations in Geneva. It was part of the celebrations of the 75th anniversary of the Genocide Convention. It had been organized before the start of the current phase of the genocide of the Palestinians, and the topic was the suppression of incitement to genocide in the media and social networks. Formally, it was a meeting of the UN Human Rights Council, but other states also had the right to attend and intervene.

Delegates came and went, but throughout the day about 60 states were present in the room. Not everyone spoke, but enough to get an idea of ​​the diplomatic dynamics.

I think the best way to sum it up is to tell the story of two striking-looking women who spoke up. The first was the delegate from Palestine, with long black hair, who spoke movingly of the current genocide in Gaza and the terrible destruction caused to tens of thousands of completely innocent people, especially women and children.

Palestine was followed by the delegate representing Denmark, with equally long hair, but this time very blonde, who said that the Danish government was taking important concrete steps to prevent incitement to genocide, including legislation to combat anti-Semitism in social networks. Two nations that spoke without taking the other into account.

And so the debate went. Arab, African and South American states insisted on the urgent need to stop the current genocide; Developed nations insisted on the need for states to control social media and counter “disinformation” and anti-Semitism. The experts invited to participate in the debate focused largely on Palestine; in fact, that's where I got the reference to the specific passage of the ICJ ruling mentioned above.

None of which yet explains why none of the pro-Palestinian states have done their duty and denounced Israel under the Genocide Convention, thus triggering a determination by the International Court of Justice. This is especially strange, since several states have denounced Israel before the International Criminal Court for war crimes.

However, I have not found a single diplomat from any nation who disagrees with me when I say that this is a waste of time, since the ICC is a Western tool and will do nothing. I have not found a single diplomat who disagrees with me when I say that the ICJ is much better and that a reference under the Genocide Convention is a much better route.

However, no political leader has taken it.

Fatah is influenced by two negative factors. The first is that he is so immersed in the management of the Palestinian Authority that he feels incapacitated by responsibility. Israel has already cut off the flow of funds to the Palestinian Authority that go to Gaza to pay 60.000 public sector workers there. The Palestinian Authority is concerned that funding for the West Bank could also be cut.

The ICJ already has a Palestinian case before it. On February 19, oral hearings are held on an advisory opinion for the UN General Assembly on the status of the Occupied Territories. It is being argued that it would not be useful to introduce another case.

It is always possible to find arguments not to shake the status quo. There is no doubt that the United States will put strong pressure on the Palestinian Authority not to activate the Genocide Convention, not least because “genocidal Joe” Biden should, by any rational standard, be charged with conspiracy or at least complicity.

I myself do not believe that Fatah leaders consciously desire Israel's destruction of Hamas, and certainly not at the cost of so many civilian lives. But old resentments - and remember that Hamas killed many Fatah people - can fuel the process by which undue weight is given to frankly spurious arguments against the activation of the Genocide Convention. Many other nations that support Palestinian supporters are not acting because it appears that Abbas does not want them to.

But there is something much deeper than that. It seems like such a shocking moment that the entire world is dumbfounded, not really knowing how to act. A huge gap has opened in international affairs. Previously, developed nations paid lip service to the values ​​of international organizations and the basic concepts that drive the UN, such as decolonization, human rights and conflict resolution.

Suddenly, not only is a genocide taking place with a scale and speed that is simply astonishing - in six weeks ten times more children have died in Gaza than in two years of war in Ukraine - but Western nations are embarking on racial extermination. that dehumanizes its victims. The Western political class systematically silences internal opposition and promotes blatant White Power marches, thinly disguised as the fight against anti-Semitism.

All of the Arab and developing countries that spoke at Monday's UN session described Israel in terms of colonial occupation. This is a real shift towards openness.

The world has suffered a sudden shock. The masks have been torn off. Almost the entire political class of the West has revealed itself to be enthusiastic defenders of racial supremacism, willing to actively help a genocide of indigenous peoples.

There is really no way to confront the Gaza genocide without confronting the active support of Biden, von der Leyen, Sunak and most Western political leaders, including Labor and the UK Conservatives. We also have to confront the complicity of Karim Khan and other Western puppets operating at high levels in international institutions. It is very difficult for people to see where the world is going from here, given the naked racial hatred and enthusiasm for baby murder displayed by those in power.

I know we have been through this before, with the invasion of Iraq and many other cases of brutal abuse of power on the world stage. But this has a different feel. I'm trying to understand why. Possibly because the balance of power in the world has changed considerably. Possibly because social media allows more people, especially young people, to see the truth. I don't really understand why, but this seems very different to me, transcendental.

Almost all of the nations that have been completely dismayed by the actions of the United States, the United Kingdom and the European Union in Gaza depend to some extent on “aid” flows from these sources. Also worth noting, at this crucial moment, is China's failure to provide any kind of leadership. I have previously praised China's singular lack of interest in expanding or meddling abroad, compared to the fading and ultra-aggressive American hegemon. But China's narrow definition of its interests is not helpful when there is an overwhelming need for China to weigh in for the good of humanity.

Everyone is failing the Palestinians. Even you and me. None of us do enough. I have struggled to get this article right, and there are maybe six hours of work in it, plus probably another eighteen hours in various meetings on the subject trying to move things forward diplomatically. In those hours, 140 Palestinian children will have died at the hands of Israel and 300 will have been maimed. Is there anyone reading this who is really doing enough to stop such a great evil? How can we avoid feeling trapped by frustration, helplessness, and overwhelming grief?

I'm sorry I couldn't immediately find more answers. But let us all strive, wherever we are, to contribute our grain of sand to peace.

Craig murray is a British historian and human rights activist. He was ambassador of the United Kingdom to Uzbekistan between 2002 and 2004 and Rector of the University of Dundee (Scotland). His work can be followed here.