Israel and the US drag other countries into their fight against international law protections in Gaza

Last Friday, the same day that the International Court of Justice – the highest court of the United Nations – established that it is credible to investigate Israel for genocide, an Israeli complaint was made public in which twelve workers of the United Nations Agency for Palestine Refugees (UNRWA) Was accused. For participating in the Hamas attacks of October 7. The Commissioner General of the said agency issued a statement the same Friday indicating that the twelve accused had already been expelled and that the United Nations was conducting a detailed investigation into these alleged incidents. UNRWA has a total of 30,000 staff, of whom 13,000 are in Gaza.

The United States immediately publicly announced its complete withdrawal of funding to UNRWA, which has only happened once in history with Donald Trump’s order. Washington was soon joined by other countries: Italy, Finland, the Netherlands, the United Kingdom, Japan, Canada, Switzerland, and Australia. Israel’s accusations had been known for days, but the reactions occurred precisely on Friday. With this, the fact that Israel was going to be investigated for genocide for the first time and that the International Court of Justice had ordered that Tel Aviv take all measures at its disposal to prevent the deaths of more Palestinians was in many cases relegated to the background. . of world media.

Israel’s allegations against UNRWA have been known for several days, but the reactions occurred precisely on Friday

“Israel has been making the case against UNRWA for a long time. “Regardless of the veracity of the allegation, the decision to accept this news last night (last Friday) seems to be an attempt to divert attention from the International Court of Justice’s decision on the genocide in Gaza,” said senior Israeli analyst for the International Crisis Group, Mairav ​​Zonszen. .

This is not the first time that Israel has leveled allegations against UNRWA. In the past, he had justified the bombings of several UN agency schools by claiming that there were weapons or Hamas terrorists hidden inside, which could not be proven in any way. Civilians were killed in those attacks. During these months, the United Nations has called on Israel to stop indiscriminate bombing against schools and hospitals, which the Netanyahu government has rejected.

Israel has taken no steps to comply with the demands of the International Court of Justice and the US responds to them to the contrary.

Yes to funding Israel, no to UNRWA

The White House’s readiness to suspend funding to the UN humanitarian aid agency in Gaza stands in contrast to its refusal to halt its military funding and diplomatic support for Israel. This is even more astonishing if we take into account the magnitude of the genocide caused by the Israeli attack and the unprecedented acceptance of a genocide complaint against Israel by the International Court of Justice (ICJ).

In its attacks in recent months, Israel has killed more than 130 UN workers and bombed UNRWA schools, shelters, offices and food stores. Added to this is evidence of war crimes that the Israeli state commits not only in Gaza, but also in the West Bank, including by transferring populations from the occupying state to the occupied territory.

In this sense, American lawyer Kenneth Roth, director of Human Rights Watch until 2022, has said: “Why not sufficient evidence of Israeli war crimes in Gaza or a response equivalent to a decision of the International Court of Justice?” Justice over possible genocide?”

Freezing funding to UNRWA contributes to collective punishment in Gaza and hinders compliance with International Court of Justice orders

Washington’s double standards are worrying, because precautionary measures established by the International Court of Justice require, among other things, the protection of the Palestinian population and essential humanitarian assistance. However, this will become even more difficult to guarantee from now on with the suspension of funding to UNRWA. The step taken by the US and six other countries contributes to the collective punishment of the Strip’s population and represents an additional obstacle to compliance with the order of the highest international court of the United Nations (ICJ).

Indeed, UNRWA’s Commissioner General, Philippe Lazzarini, has warned that this suspension of funding will mean “a decline in the ability to deliver life-saving assistance in Gaza”, which will begin to be felt this February, and He has said that “It is shocking that such decisions are made based on the alleged behavior of a few individuals and that as the war continues, needs worsen and famine looms. Palestinians will be subjected to this additional collective punishment.” There was no need. “This is a stigma on all of us.”

contrary to the genocide convention

If not addressed, this risk of collapse will lead to a major humanitarian crisis. Plans being considered by the Israeli government for the expulsion of the Palestinian population from Gaza to Egypt and other Arab countries might thus be more easily achieved, since they would condemn to flight hundreds of thousands of people who would otherwise support themselves. Are. UNRWA.

The UN envoy for Palestine, Francesca Albanese, indicated that the withdrawal of funds to UNRWA from several countries a day after the International Court of Justice “deemed it plausible that Israel is committing genocide in Gaza” would be “a threat to millions of Palestinians”. Represents punishment. “The most critical moment and, most likely, a breach of its obligations under the Genocide Convention.”

Francis Boyle, the American lawyer and international law professor who was the first person to win a genocide protection case before a court in Bosnia, has also expressed himself in this sense. Boyle warned that countries that support Israel by sending weapons could be “aiding and abetting genocide against Palestinians, in violation of Article 3e of the Genocide Convention, which criminalizes complicity.” He also points out that this now adds, along with the suspension of funding to UNRWA, “a direct violation of Article 2C of the Genocide Convention: ‘deliberately impairing the living conditions of a group causing its total or partial physical destruction'”. .

Countries that support Israel by sending weapons may violate Article 3e of the Genocide Convention, which criminalizes complicity.

Also former Attorney General and founder of the International Criminal Court, Luis Moreno Ocampo, has highlighted complicity in genocide, which could henceforth be considered for the US if it supported “the displacement and famine of Palestinians in Gaza”. Is.

For his part, genocide expert Professor Raz Segal has indicated that with the UN court’s decision “all universities, companies and countries in the world will now have to consider very carefully their commitment to Israel and its institutions.” “The links could now lead to complicity in genocide.”

Following the International Court of Justice’s announcement, the United States filed suit in federal court in San Francisco against President Biden and other US officials for failing to comply with UN legal obligations to stop the genocide in Gaza. Has gone. and for complicity in genocide through its continued military and diplomatic support for Israel. The plaintiff is the Washington DC Center for Constitutional Rights, which represents Palestinian organizations and individuals.

At the legal level these movements can be replicated in all countries that have signed the Genocide Convention.

Israel’s tensions with the United Nations

Aggressive actions against UNRWA are part of the Israeli government’s strategy to criminalize the entire Palestinian population and, therefore, all organizations that seek to defend their rights. This new episode does not relieve the growing tension that Israel has maintained with the United Nations since representatives of this organization warned of human rights violations being recorded in Gaza.

On 25 October, the Netanyahu government declared the UN ‘non grata’ after its Secretary-General Antonio Guterres said that the “horrific attacks” carried out by Hamas could not justify “collective punishment of the Palestinian people”, and “clear Said of violations. “International humanitarian law is what we are seeing in Gaza.”

Tensions with the United Nations have been increasing in the last few weeks. Statements by officials from various agencies have been criticized and tarnished by Israeli representatives and most recently the UN humanitarian coordinator had to leave the Palestinian territories after Israel did not renew his visa, to which he attributed his decision. Attributed to “UN bias”.

This now includes the landmark decision of the International Court of Justice (ICJ) demanding Israel take precautionary measures and sanctioning a genocide complaint. The response of the US and other allies is to ignore the ICJ order and punish the most important UN agency supporting the life of the Palestinian population. With this closing of ranks, Washington shows its solid support for the country investigated for genocide and its rejection of international law. This poses a grave threat not only to the Palestinians, but also to the meaning and foundation of the current world order.

Within a month, Israel must provide evidence to the International Court that it is doing everything possible to protect the lives of Palestinians and get them the necessary assistance. With the support of the United States and the position of six other countries, its first steps have gone in the opposite direction. This increases the risk of collapse of the planet’s only instrument to protect peace and human rights. “We can imagine what a world would be like in which Israel convinces the West that UN institutions and bodies are weapons of global terrorist networks,” warned Alonso Gurmendi, a university professor at King’s College London.