On 28 March, Association Ma’onah for Human Rights and Immigration, International-Lawyers.Org, Law for Palestine, International Organization For the Elimination of All Forms of Racial Discrimination and Geneva International Centre for Justice (GICJ) hosted a side event at the 55th session of the UN Human Rights Council (HRC) featuring Dr Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian Territories occupied since 1967. The event was also joined by Ms. Rula Shadeed, a human rights defender coming to Geneva from Palestine. Both speakers addressed the devastation brought by Israel’s war on Gaza, specifically in regard to its terrible impact on women and children. The event was moderated by Mr Gautier Boyrie, a Senior Human Rights Officer at GICJ.Women Children Gaza Genocide

Rula Shadeed’s Intervention: Exposing the Tragic Realities and Denouncing Silence on Palestinian Women’s Suffering

Ms. Shadeed’s intervention began with an acknowledgement of the tragic deaths of 14,880 children and 9,340 women in this genocide at the time of the event, followed by a minute of silence in their honor. She further noted that around 32,000 people in Gaza lost their lives at the hands of the occupation forces – the equivalent of an entire city disappearing in Switzerland – in addition 7,000 more lost under the rubble, whose fate remains unknown. In the context of Israel’s man-made famine, which has forced tens of thousands of children to the point of starvation, Ms. Shadeed noted that “social death is the first step to a group’s physical annihilation.” In her view, the focus on women in particular is crucial at this critical moment: “She is the carrier of the family, she is where a family starts, so no wonder in any colonisation situation, women and children are being attacked because of their reproduction, and their role in mothering the Palestinian children”.

Ms. Shadeed highlighted the horrific stories of over 80 women who have suffered sexual violence and abuse while in Israeli military prisons. The deplorable extent of these violations has brought her and many others to question Western feminism and its purpose. In 2016, the Western feminist movement took to the streets in protest of Donald Trump’s misogynistic remarks and stances, yet today, when Palestinian women suffer from extreme levels of abuse and gender-based violence, that same movement has said nothing. The deadly silence of all parties, organisations and states at this time is an unfortunate but true reflection of what they stand for, and what they have not been willing to do and sacrifice to create a much better world. Women Children Gaza Genocide violence

Francesca Albanese Urges Action: Confronting the Grim Reality for Children in Gaza

Special Rapporteur Albanese furthered the discussion by speaking of her experiences working with children in Gaza. She noted that, when viewing videos of children from around the world expressing their desires and expectations of the future, those children often expressed material wishes, including wanting an iPhone or trying certain foods.  The same could not be said for the children of Gaza. Their dreams were largely concerned with their immediate survival – to stay alive amidst the violence, or to have their siblings, friends and family back – a dark reminder of the tragedies they have experienced in recent months. Such statements were unfortunately not shocking to Ms. Albanese, who has witnessed firsthand the brutality of the occupation’s onslaught. They should, however, move the global community to ensure that these children can wish for more from life than mere survival, a low standard that thus far has not been met either.

Ms. Albanese noted that the ICJ’s standard of proof in discerning the genocidal intent of a state is very high, and that no state has been held fully accountable to it to date. She explained that to ascertain it, one needs to look at the patterns of conduct of the assailing state, as well as their scale. While fellow practitioners of international law have widely agreed that the drastic actions of the State of Israel amount to war crimes, Ms. Albanese pushed the international community to consider their evidently genocidal nature as well. Not only are the violations systematic, they are also committed with clear genocidal intent at multiple levels of the Israeli military apparatus. This goes beyond the mere failure to prevent genocide, an obligation of all state parties signatory to the 1948 Genocide Convention including Israel. As she noted in the conclusion of her remarks, “genocide should have been prevented, but it has now been committed”.

Questions and Answers

After the interventions, audience members posed questions to the speakers, including inquiries about the measures the international community can take now, such as breaking all trade and diplomatic relations with Israel, concerns about the Swiss government withdrawing its funding from NGOs, and the path forward for a realistic and just solution for Palestine.

Ms. Shadeed was the first to respond, emphasizing the importance of an immediate and permanent ceasefire, as well as a military embargo on Israel. She called for international pressure on Israel to release the roughly 10,000 political prisoners detained since October 7th. Ms. Shadeed further highlighted the cancellation of all free trade agreements with Israel, states’ official support of South Africa’s case against Israel, assistance to the ICC in gathering evidence for its investigation, and the use of judicial mechanisms within countries to hold perpetrators of war crimes accountable. Finally, she called for Israel’s deactivation or revocation of membership in international events such as Eurovision, FIFA, and the upcoming 2024 Olympics. Women Children Gaza Genocide

On a different note, Shadeed noted that “what is happening in Palestine has suddenly had an immediate effect on the liberties of Europeans.” Israel’s bans on people demonstrating or using certain colors or slogans should warrant concern across the Western world and have direct implications for people’s right to freedom of expression worldwide. Furthermore, while she acknowledged that she cannot speak on behalf of the Palestinian people in claiming their desired outcome, whether it be a one-state, two-state, or multiple-state solution, what Ms. Shadeed cares about most is their self-determination. Palestinians have been deprived of the healthy political life to which they are entitled for the past 75 years. They should be granted their rights to hold elections and determine their own political structures, rights which the occupation has systematically denied them.

Special Rapporteur Albanese emphasized that the delay in international judicial mechanisms, particularly the ICC, should not deter states from taking independent action. She stated that domestic courts are viable and effective avenues to initiate proceedings, especially against many Israelis who hold dual nationalities and are known to be working with the Israeli military. She also asserted the need to extend support to the Independent International Commission of Inquiry on Israel and the occupied Palestinian territory, which contributed to the process of triggering the ICJ’s advisory opinion.

Ms. Albanese also noted that during negotiations toward a two-state solution, Palestinians accepted the segregation of their people in their search for a peaceful resolution to their plight. Yet, Israel has continued to impose upon them a system of oppression that enshrines superiority of its citizens, which is unacceptable. It should come as no surprise that resistance would arise from this condition. Ms. Albanese emphasized that Palestinians have pursued peaceful means of resistance for decades, but having suffered violence and discrimination for so long, one should not expect them to simply accept their oppression. Like any people, Palestinians are entitled to the right of resistance under international law. The fact that certain acts committed in that process have been unlawful does not invalidate that right. In terms of what the future holds for them, it is important to underscore that it is the international community’s responsibility not to speak on behalf of the Palestinian people as to what state they deem acceptable. Rather, their voices must be uplifted through that process, in which the rights of everyone on the land must be accepted.

Before the session concluded, Ms. Heba, a Palestinian refugee who recently arrived in Geneva after being evacuated from the assault on Gaza via Egypt, shared her ordeal. She spoke of her severe injuries and recounted how, while in the hospital, she was abruptly forced to leave by the occupation’s raid teams. Despite her spinal injury, she had to walk for many kilometers amidst corpses scattered around, with soldiers callously laughing at the dire situation.

Ms. Heba expressed her disappointment with NGOs that claimed to provide support but failed to deliver the basic necessities she and others in similar conditions desperately needed. For eight days, she searched for water or milk for her daughter, resorting to drinking whatever “dark liquid” she could find while saving clean water for her child.

Speakers emphasized the imperative for the international community to take decisive action to end the ongoing suffering. This includes demanding a permanent ceasefire and compelling Israel, the occupying power, to comply with the International Court of Justice’s (ICJ) provisional measures and to terminate the illegal occupation of Palestine.

Source: Geneva International Centre for Justice

Women Children Gaza Genocide