[On Monday, October 28, 2024, The Alwaleed Center for Muslim-Christian Understanding, in partnership with the Center for Contemporary Arab Studies, the African Studies Program, Georgetown University Qatar, and the Institute for the Study of International Migration hosted a lecture by Francesca Albanese, international legal scholar and the UN Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967. The following are our takeaways of high points of that lecture and is not intended as a verbatim transcript]:
Dr. Albanese began by acknowledging that we meet on land of which the Nacotchtank and Piscataway Indians were and remain the legitimate stewards. She also acknowledged her association with the Institute for the Study of International Migration that led to her book Palestinian Refugees in International Law (OUP, June 2020).
UN special rapporteurs are independent scholars distinguished for their human rights commitments. There are now about 55 covering an issue mandate and a small handful with a country mandate. One criticism is that the mandate is one sided, but the mandate was issued when the Palestinian territory was all occupied by Israel. It is the only place in the world with “Juvenile military justice.” But military courts are unfit to try civilians at all, let alone children. This is a profound violation of international law. The occupied territories are the 22% of land that was historical Palestine which had for over a thousand years been lived in by a Muslim majority and Christian and Jewish minorities that had lived together in relative harmony. For 57 years, Israel as a state has defended and supported the construction of Jews-only colonies. This is the backbone of the apartheid system. The Palestinian Authority controls very little, and the population is under military rule. Israeli armed settlers escorted and supported by Israeli soldiers have engaged in pogroms against the native people. The word “war” is misleading because this is not a conflict between two state powers but between an illegal occupier and the occupied population. For 57 years there have been mass displacements: 350,000 Palestinians have been displaced.
There is no way to deny that many of the things that occurred on October 7 were war crimes. The right of resistance does not include a right to attack civilians. Crimes are to be investigated and prosecuted. Dr. Albanase was completely taken aback by the reaction of the international community. Political leaders and most of the mainstream media has continued the mantra that “Israel has the right to defend itself.” Israel successfully confuses the right to protect its border from another state with a right to illegal occupation.
The destruction of Gaza is nearly complete. 90% of the people have been displaced. Israeli soldiers post pictures of the homes destroyed on social media, dedicating the destruction to a friend of fiancée. Gazans were extraordinarily well-educated because, having been denied everything else, education is the one thing that cannot be taken away except (as has been happening) by taking away your life. Wells, homes, mosques, and churches have been destroyed. Never in history has the UN itself been under such violent attack. Many genocide scholars have concluded that what Israel has done is genocide on three grounds: killing members of the group, inflicting harm on members of the group, and seeking to destroy the group totally or in part. It is not just the words (e.g., idenifying the Palestinians with “Amalek” whom the ancient Israelis were told to kill including their women and babies) but the practice documented by copious evidence such as that submitted by South Africa. Steps to stop the genocide have been violated through and through. Israel does not deny it has killed people in “safe zones,” but rather argues that there were terrorists present. Massacres from March to September were conducted against civilian populations at an accelerated pace. Government officials have engaged in criminal activity, the Knesset passed laws to promote and facilitate the crimes, and the judiciary did nothing.
Q. [This one asked by me.] You urge Israeli withdrawal as the solution. How do you respond to Israel’s objection, “We did withdraw from Gaza and look what happened.”
A. In 2005, the state of Israel dismantled the colonies in Gaza, which had a huge impact on the radicalization of the secular movement. The colonies are evidence of colonization, not of military occupation, which was maintained. Borders were sealed, currency controlled, along with natural resources, energy, water, and food. 19% of the children before Oct. 7 exhibited depression-like symptoms. Israel retained the right to carry out what it called “preventive strikes” (what they called “mowing the lawn”). It was a ghetto. Hamas was born with the support of Israel to divide the Palestinians, but it started as a welfare organization and was turned into its present state by the military occupation. The Israelis often referred to Israeli as an asset and the PA as a liability. The idea that of people are left free they will turn into barbarians is a racist idea. If you read the proceedings from Nuremberg you will see the Nazis killed Jewish children because they were seen as a security threat.
Q What of the role of media?
A. The media often takes sides with the ruling power and become a tool of genocide. The shock is that this is not Israeli media; we know of many of the crimes in part because of the Israeli media. What much of the media is doing is providing camouflage for the violations of international law. There were no “beheaded babies.” Why this propensity to magnify the brutality? Why is there no outrage over the systematic abuse and torture of Palestinians mostly exposed by Israeli media? Our societies have a huge problem with racism, of which actual antisemitism is but one example. Anti-Palestinian racism goes completely unreported. If half the things said about the Palestinians were said about the Israelis, people would be put in jail.
Q. What would an investigation into genocide look like?
A. There are two types of investigations with different thresholds: domestic and international. The goal is to prevent, prosecute, and punish. The duty to prevent arises as soon as there is a “risk” of genocide, which has already been established in this case. Under the Montevideo convention recognition by other states is not the founding criterion, but rather the existence of a government that can establish contact with other states. The PA has observer status at the UN. In 1974 they revoked their claim to all of Palestine, but the Oslo accords achieved their objective of preventing the sovereignty of the Palestinian state.
Q. How do explain the lack of action by UN Security Council and General Assembly?
A. The UN is a reflection of the world order designed in the immediate aftermath of WWII and has evolved from a group of colonial powers to one that includes recently decolonized states, but there is a clear imbalance of power.
Q. Abbas was a welcome guest at BRICS; how do we establish a development program that addresses the needs of both sides?
A. This is question is beyond the ability of any single person in this room to answer. It requires great study. We cannot deal with this without poking our colonial amnesia. We will miss human rights when we don’t have it any more. There is value to a political system based on freedom. This is where Western societies have failed. We can still come back. We are suspended on the edge of an abyss, but hope comes from those Israelis who resist and from the youth. What young Jewish Americans have done is impressive.
Q. Who or what can be the catalyst for change?
A. Join forces with those already working to change the system. Challenge politicians and the media. BDS helped end apartheid in South Africa, and it can here.
Q. Comment on death toll in Gaza.
A. No one has the capacity to establish the death toll. It is easier to say how many buildings are destroyed, where you have satellite images. How do you count people blasted to pieces, so no trace of them is left? Among UN and other organizations looking into this question 42,000 is considered a conservative estimate. The Lancet estimates that all deaths attributable to the conflict (direct and indirect, such as people whose illnesses cannot be treated because of the destruction of hospitals) is around 86,000. There no real hospitals, only field hospitals. It will take years to count.
Q. Why do resolutions matter when they don’t achieve their ends?
A. They matter because every life counts. No society is above the law. If we condone this activity, it will be used again. Was not the exploding phones in Lebanon an act of terrorism? As says, this system is collapsing.
Q. What will it take to change the conversation about US military aid to Israel in this country?
A. It is not just the U.S. When it comes to Palestine no one has clean hands, but still we can do better.
Q. What can we Palestinians do to get our voices heard.
A. Palestinians have a voice. The rest of us must support them and show compassion and wisdom towards both people.
Q What do you say to Christians who say the Bible says this land belongs to the Jews.
A. Ask them to show you where in the Bible it says this.
Imad-ad-Dean Ahmad, Ph.D.
Minaret of Freedom Institute
minaret.org
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