The Palestinian Genocide By Israel

By Professor Francis A. Boyle

SkullsThe Palestinians have been the victims of genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

I say that because of my practical experience: On 8 April 1993 and 13 September 1993 I single-handedly won two World Court Orders on the basis of the 1948 Genocide Convention that were overwhelmingly in favor of the Republic of Bosnia and Herzegovina against Yugoslavia to cease and desist from committing all acts of genocide against the Bosnians in violation of the 1948 Genocide Convention.

This was the first time ever that any Government had won two such Orders in one case since the World Court was founded in 1921. On 5August 1993 I also won a so-called Article 74(4) World Court Order for Bosnia against Yugoslavia for genocide. According to I.C.J. Statute Article 74(4), when the full World Court is not in session in The Hague, the President of the Court exercises the full powers of the Court and can issue an Order to the parties in a lawsuit that is legally binding upon them.

Article II of the Genocide Convention defines the international crime of genocide in relevant part as follows:

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group such as:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

As documented by Israeli historian Ilan Pappe in his seminal book The Ethnic Cleansing of Palestine (2006), Israel’s genocidal policy against the Palestinians has been unremitting, extending from before the very foundation of the State of Israel in 1948, and is ongoing and even now intensifying against the 1.75 million Palestinians living in Gaza as this Tribunal convenes here today. As Pappe’s analysis established, Zionism’s “final solution” to Israel’s much-touted and racist “demographic threat” allegedly posed by the very existence of the Palestinians has always been genocide, whether slow-motion or in blood-thirsty spurts of violence.

Indeed, the very essence of Zionism requires ethnic cleansing and acts of genocide against the Palestinians. For example, concerning the 2008-2009 Israeli slaughter of Palestinians in Gaza – so-called Operation Cast-lead — U.N. General Assembly President Miguel d’Escoto Brockmann, the former Foreign Minister of Nicaragua during the Reagan administration’s contra-terror war of aggression against that country which was condemned by the World Court, condemned it as “genocide.”

Certainly, Israel and its predecessors-in-law—the Zionist agencies, forces, and terrorist gangs—have committed genocide against the Palestinian people that actually started on or about 1948 and has continued apace until today in violation of Genocide Convention Articles II(a), (b), and (c).

For over the past six and one-half decades, the Israeli government and its predecessors-in-law—the Zionist agencies, forces, and terrorist gangs—have ruthlessly implemented a systematic and comprehensive military, political, religious, economic, and cultural campaign with the intent to destroy in substantial part the national, ethnical, racial, and different religious group (Jews versus Muslims and Christians) constituting the Palestinian people.

This Zionist/Israeli campaign has consisted of killing members of the Palestinian people in violation of Genocide Convention Article II(a). This Zionist/Israeli campaign has also caused serious bodily and mental harm to the Palestinian people in violation of Genocide Convention Article II(b). This Zionist/Israeli campaign has also deliberately inflicted on the Palestinian people conditions of life calculated to bring about their physical destruction in substantial part in violation of Article II(c) of the Genocide Convention.

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