- "Not in Our Name": 400 Arrested at Jewish-Led Sit-in at NYC's Grand Central Demanding Gaza Ceasefire:
We bring you the voices of Jewish Voice for Peace and their allies who shut down the main terminal of Grand Central Station during rush hour Friday in one of New York's largest acts of civil disobedience in 20 years to demand a ceasefire in Gaza. The multiracial, intergenerational movement says about 400 people were arrested, including rabbis, famous actors and elected officials from the New York State Assembly and Senate and the City Council.
- "This Is Your Money": Palestinian Father Pleads with Americans to Stop Funding Israeli Assault on Gaza:
As the overall death toll from Israel’s 27-day bombardment tops 9,000, we speak with Just Vision’s Fadi Abu Shammalah in Gaza about his family’s experiences on the ground as the besieged territory runs out of water, food and fuel. “We have only one thing: that we are being killed,” says Shammalah, who calls for Americans to “keep going” in demonstrations for Palestinian rights. “We are being killed by your taxes.”
NERMEEN SHAIKH: We turn now to Gaza.
PALESTINIAN CHILD: [screaming]
NERMEEN SHAIKH: A Palestinian child screams out, “We did nothing wrong! We did nothing wrong!” as Israel bombs the Jabaliya refugee camp for a third day in a row, this time hitting a school run UNRWA, the U.N. agency for Palestinian refugees. At least 195 Palestinians have been killed in Gaza’s largest refugee camp in a series of devastating Israeli airstrikes in recent days. The U.N. Human Rights Office said in a statement, quote, “we have serious concerns that these are disproportionate attacks that could amount to war crimes.”
The overall death toll from Israel’s 27-day bombardment has topped 9,000, including 3,700 children. UNICEF is warning children are paying the heaviest price in Gaza.
AMY GOODMAN: We go now to Khan Younis, where we’re joined by Fadi Abu Shammalah. He is Just Vision’s outreach associate in Gaza and the executive director of Gaza’s General Union of Cultural Centers. His recent op-ed for The New York Times is headlined “What More Must the Children of Gaza Suffer?”
Fadi, if you can talk to us about the last few weeks through the eyes of your three children — Ali, 13; Karam, 10; and Adam, 5?
FADI ABU SHAMMALAH: Thank you so much, Amy and Nermeen, for having me in this interview in a very critical situation.
I start from, from the heavy airstrike and the shelling over all of Gaza Strip every single minute that we have been bombed. The numbers talked about, 10,000 rockets have been launched over Gaza Strip. More than 12,000 of civilian people have been killed. Hundreds of people, civilian people, are still under rubbles, and [inaudible] are not able to rescue them and pull them out from under the rubbles.
Or should I talk about the entire neighborhoods that’s flattened, the road that is cut off, the water, the severe shortage of water, the severe shortage of food, fuel? We don’t have electricity for more than 20 days now or more. I don’t know, to talk about the UNRWA shelters, that it has around more than half-million of displaced people.
Israel asked us to evacuate the Gaza City and the north, because in there — and they killed, they assassinated, they targeted the convoy of cars while they were traveling and evacuating to the south of Gaza Strip. Should I talk about the live video that’s recorded by and broadcasted by a journalist, Palestinian local journalist? His name is Hassan Saifi. He filmed and recorded a video while the tank launched and bombed a civilian car while they were evacuating to the south.
What should I talk about? That we don’t have bread? That we don’t have water? We don’t have fuel. Nothing. We have only one thing: that we are being killed. There is — and, of course, with a green light with the international community, with the U.S. administration. This is the situation. People are scared. From what? For being killed. Really, we are having now a second Nakba, if you know it. The first one happened in 1948. We feel that it’s another Nakba that we are going through, to go through it.
The most horrible thing for us, that’s the officials. The Israeli officials say that we are human animals. Human animals? Animal humans? I don’t remember exactly. Like, we are treated like animals. You know what happen to animals? They’re slaughtered. So, we are slaughtered now by the Israeli genocide government. This is what’s happening now. Like, they now [inaudible]. This is what is going on here, a genocide. A real genocide and massacre is happening now. Like, in previous wars, we used to have like 10 persons of a family is killed. Now the whole building, the entire neighborhoods is bombed, flattened. It’s happening in Jabaliya for three days, in Nuseirat, in Khan Younis city, in every single mid-Gaza Strip cities. This is what is happening here now.
I’m a father of three kids, as you have mentioned. They think that I’m a hero. I’m not. I’m scared exactly like them. I’m scared of the bombing. I’m scared of not having water. We were lucky that we had yesterday, before yesterday, drinking water. We have been without drinking water for around a day. Like, we don’t have electricity here. Like, we are also lucky that we have two solar panels at the roof of my family. I’m evacuated, by the way. I’m originally living in Gaza City, but I’m already evacuated to my parents. So I’m so lucky that my parents’ home — are living in Khan Younis refugees camp.
NERMEEN SHAIKH: Fadi —
FADI ABU SHAMMALAH: I can’t imagine that there’s millions — millions — [inaudible] evacuated their homes. Yeah.
NERMEEN SHAIKH: Fadi, you’re speaking now — as you said, the international community, led by the United States, has been supporting Israel absolutely in its operation in Gaza. If you could say, what is your message to Americans as Gaza is under this systemic — systematic military assault that is ongoing? And you’re describing the devastating conditions under which you and all these children, your own, of course, three children — but we’ve just said 3,700 children have been killed in Gaza. What is your message to Americans?
FADI ABU SHAMMALAH: I would say that I’m so, so, so proud of the hundred thousands of Americans who went to demonstrate for us. We are here in Gaza Strip. Believe us, we are following the news, and we feel, like, more comfortable when we’re watching in TVs, like, thousands and hundreds of thousands of American peoples who went to the streets in order to support us, to express the sympathy and in solidarity with the Palestinian people here in Gaza Strip. That makes us more relaxed and comfortable that we are not alone, that there is a lot of people who they still have a live heart. That’s my message to you: Please keep going. We are listening to you. We are following you. I’m sure that no one can stop our voice, our voices for justice. Please keep doing what you’re doing now, because at the end, I’m sure that the U.S. administration will listen to you and stop, or at least [inaudible] the green light that it’s giving to the Israeli government of killing us.
But, please, this is your money. This is the taxes money that you are paying to the American administration. It’s used by buying bombs and rockets and providing it to [inaudible] government. We are being killed by your taxes now. Please say no to your administration, that’s [inaudible] this unlimited, unlimited and ongoing support. The Israeli occupation are checking the humanitarian aid that’s entered Gaza Strip. It’s milk for kids. It’s a medicine. It’s white flour for making bread. So, can you at least make double check this support by the American administration, where it goes, what it’s used for? It would be like our main priority for you guys in the U.S.
I will say it again, and I have mentioned it before, that I was in the U.S. in March, and I met tens of Americans, of people. I was so lucky that I have met them in March. I saw these people who have live hearts, who still have conscience, and they believe in justice. We are depending on these kind of people, who can stay the truth, and they can tell the truth, and they have the courages, and they are brave enough to say to their administration, that “Stop of standing with the massacre’s implementers, with the occupation.”
It’s not about Gaza. It’s not a war between Israel and Hamas anymore. It’s a war between the Israelis, in the most strong forces in the Middle East, against a civilian people. Like, look at West Bank. They don’t have Hamas there. How many one is killed since October 10 — 7? Sorry.
As Palestinians, we are off of the double standards by the international community. And I’m talking about the politicians, about the governments, not the people, because we also followed the great demonstration in the street in the European Union, also hundreds of thousands of people. Also in London, like half-million of British people were in the streets.
Come on, people all over the world know the truth. You can’t hide it. It happened in the past that a lot of media were hiding the truth. But now we have social media. We have Zoom. We have WhatsApp. We have a lot of applications that people in Gaza Strip and in Palestine that can use, and that we can keep telling the truth for what is going on now here in Gaza Strip. No one will stop us. We have a lot of English speakers. We will keep telling the truth loudly. We will not stop. We will keep speaking up, until the international community will respect our willing and self-determination and, of course, stop the horrific genocide that is happening now.
The numbers, again, the numbers of the killed people, it’s not the truth. Yeah, that’s right. It’s not the real number, of course, because we have a lot of missed people. We have a lot of killed people who are still under rubble, the rubbles. Another horrific number, by the way, it didn’t happen before, that the number of the injured people is double of the killed people. It’s horrible. Like, the bombing, they meant to kill the people while they are bombing the civilian peoples here. You can see. Of course, millions and billions of people over the TVs, they can watch. They can judge what is going on here. You can see. Like, come on! It’s entire neighborhoods. Entire neighborhoods, they bombed it. Like, it’s crazy. And, of course, if Israel has no one to tell them that they have to stop, they will keep killing us.
NERMEEN SHAIKH: And, Fadi, I want to ask —
FADI ABU SHAMMALAH: They only — yes.
NERMEEN SHAIKH: I want to ask, Fadi, you — I mean, these attacks are taking place in response to the Hamas attack on October 7th. Obviously, as you’ve said, it’s a genocide that’s taking place. But I want to ask you about the response that Israel has had to nonviolent resistance by Palestinians. You wrote in 2018 a piece called “Why I March in Gaza.” Explain what the response was of Israel to this nonviolent resistance, the Great March of Return.
FADI ABU SHAMMALAH: Oh, that’s [inaudible], by the way. In fact, the Israeli provision is very [inaudible] in killing the Palestinians, even if they are struggling with nonviolence, even if they are staying at their homes, even if they are in West Bank. For example, they kept invading and invading the West Bank cities and towns, and they killed a lot of Palestinians there. And there is — by the way, like couple of months ago or few months ago, there is American old man. He had been detained under hard circumstances until he died. I mean, what this 67-years-old, that man, has done for the Israeli occupation?
Even when Palestinian — and, by the way, the nonviolent struggle, it didn’t happen and started in the 2018 in what we have named and called the Great March. The Palestinians were creative in starting the anniversary [inaudible] in the 1987, when the First Intifada happened, started. What happened there? Even so, the Israeli occupation were killing us, arresting us, shooting at us, demolishing homes. This is the policy of the — an apartheid country. That’s the — I’m so surprised sometimes when someone — as I watch an interview that’s like it’s defending on the Israeli occupation.
Like, we did it in 2018. We were marching. I was there. I participated there, and I was one of the witnesses of the Great Return March. What happened? Snipers. They were, like, [inaudible], if he will shoot the knee of the kids. I know many kids that they have been — their legs were amputated by the snipers. They killed more than 350 in this nonviolent resistance, and also what happened by the U.S. administration at that time. I mean, this [inaudible] eliminate, or I would love, of course, to be stopped. So, whenever and whatever the Palestinians will do, we will — I mean, Israel will keep killing us. It started before 1948, and it will keep going until they have the support from the European, with the U.S. administrations. They will keep killing us, until one day the entire world will believe, like, [inaudible] —
AMY GOODMAN: Fadi Abu Shammalah, we want to thank you so much for being with us. Fadi is Just Vision’s outreach associate in Gaza, executive director of Gaza’s General Union of Cultural Centers, speaking to us from Khan Younis, which has also been bombed repeatedly. We’ll link to your New York Times piece, “What More Must the Children of Gaza Suffer?”
--o-O-o--
SINCERE QUESTION:
When it is 100% proven that ISRAEL commited
War Crimes have they EVER been brought to justice via
UN or other means? Ever?
The UN also said that Israel may be committing the war crime of collective punishment through its siege of the Gaza territory.
The International Committee of the Red Cross agreed.
“The instructions issued by the Israeli authorities for the population of Gaza City to immediately leave their homes, coupled with the complete siege, explicitly denying them food, water and electricity are not compatible with international humanitarian law,” it said.
Amnesty International said it has “documented unlawful Israeli attacks, including indiscriminate attacks, which caused mass civilian casualties and must be investigated as war crimes”.
Human Rights Watch said that “multiple war crimes have been and continue to be committed in Israel and Palestine, with grave concerns that Israeli forces and Palestinian armed groups are carrying out unlawful indiscriminate attacks harming civilians”.
The Palestinian health ministry in Gaza, which is run by Hamas, said more than 8,000 people have been killed in the Israeli assault, including more than 3,000 children.
Some groups have gone further and accused Israel of
genocide, although lawyers said that is a harder crime to prove under international law.
The international criminal court (ICC) in The Hague, the permanent court with jurisdiction over war crimes and other crimes against humanity such as genocide, steps in when local jurisdictions fail to prosecute.
The ICC recognised Palestine as a member in 2015. The Palestinians then asked the court to investigate Israel’s assault on Gaza the previous year, and the continued construction of Israeli settlements in the occupied West Bank and East Jerusalem.
The Palestinians have argued that the presence of about 750,000 settlers is in breach of a Geneva conventions requirement that “the occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies”.
Israeli legal and human rights groups also said that Israel is committing the “crime of apartheid” in the occupied territories in breach of international laws specifically barring the practice.
Israel has said it is not subject to the ICC’s authority because it did not sign the Rome statute that established the court and came into force in 2002. The US has backed this position, saying that it “
firmly opposes” any investigation on the grounds that “Israel is not a party to the ICC” and that “the Palestinians do not qualify as a sovereign state”.
In response, Fatou Bensouda, then the ICC’s prosecutor, asked the court’s chamber of judges to rule on the issue. The chamber
decided that the ICC does have jurisdiction in the West Bank, Gaza and occupied East Jerusalem.
Bensouda
then launched a formal investigation after conducting a “painstaking preliminary examination” lasting five years.
“I am satisfied that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip,”
she said.
But after Bensouda left office in June 2021, the ICC went quiet on the investigation.
- What is the international criminal court’s stance now?
Karim Khan, the British barrister who is the current ICC prosecutor, visited Gaza’s Rafah border crossing with Egypt on Sunday and said “we have active investigations ongoing in relation to the crimes allegedly committed in Israel on the 7 of October and also in relation to Gaza and the West Bank in our jurisdiction going back to 2014”.
Khan invoked the image of “the terrible gas chambers and the Holocaust, the razing of cities” to argue that governments need to stand behind the international legal architecture that was “built on the rubble of the second world war”.
Khan specifically warned that “there should not be any impediment to humanitarian relief supplies going to children, to women and men – civilians”.
“These rights are part of the Geneva conventions, and they give rise to even criminal responsibility when these rights are curtailed under the Rome statute,” he said.
Khan said the ICC would pursue its investigations with “determination” in the face of Israel’s refusal to cooperate with the court and its block on ICC investigators travelling to the country or the occupied territories.
Khan said he would also investigate “current events in the West Bank”, adding that he was “very concerned also by the spike of the number of reported incidents of
attack by settlers against Palestinian civilians”.
- Are other countries backing the court’s prosecutor?
Only three countries have formally called for the ICC to become involved: South Africa, Switzerland and Liechtenstein. Micheál Martin, Ireland’s deputy prime minister and foreign minister, said in a radio interview that it was for the ICC
to determine if war crimes are being committed.
Human Rights Watch noted that the silence from other countries is in contrast to the wide demands from European governments for the ICC to investigate Russian war crimes in Ukraine.
- Does Israel appear worried by talk of an investigation?
Yes, very. When the ICC launched its full investigation in 2021, the prime minister, Benjamin Netanyahu, said Israel was “under attack”.
“The ICC, which was established to prevent a repeat of the horrors the Nazis instigated again the Jewish people, now turns against the state of the Jewish people,” he said. “I promise you we will fight for the truth until we will annul this scandalous decision.”
Israel is worried that its military officials and politicians could be detained under international arrest warrants if they travel abroad and face trial at The Hague.
Israel has typically relied on the US’s protection in international bodies, such as vetoing resolutions at the UN security council. But Washington’s influence over the ICC is limited by the fact that the US has itself refused to sign the Rome statute.
In 2020, President Trump revoked Bensouda’s US visa and imposed financial
sanctions on her and another senior prosecutor because of the ICC’s Israel-Palestine investigation and a separate investigation into the US’s actions in Afghanistan.
In response, 67 countries, including close US allies such as the UK, France and Germany, made
a statement expressing “unwavering support for the court as an independent and impartial judicial institution”.
Joe Biden has been more cooperative with the ICC, ordering the US to
share evidence of Russian war crimes in Ukraine with its investigators. But his administration steadfastly opposes the Israel-Palestine probe.
Even if the ICC were to prosecute Israeli officials, it relies on foreign governments to enforce warrants and arrest the accused. Member countries may well feel obliged to cooperate given the continued support for the court, particularly because of Russia’s crimes in Ukraine.
- What about the Palestinians?
Although Hamas’s cross-border attack from Gaza on 7 October was in Israel, it still falls within the ICC’s jurisdiction because the Palestinian armed group operates from within the area under the court’s purview.
But questions remain about the legal status of non-state groups such as Hamas, which is a proscribed terrorist organisation in many countries. After 9/11, the George W Bush administration claimed that al-Qaida and the Taliban were “illegal combatants” and therefore not protected by the Geneva conventions, opening the way for captives to be tortured by the CIA and US military. The US supreme court
overturned that
interpretation of international law in 2006 and said the Geneva conventions did apply.
Some international legal scholars have said that as Hamas is the de facto governing authority in Gaza, and Palestine has ratified the Geneva conventions, it is bound by their requirements but also protected by them.
The West Bank is partly governed by the Palestinian Authority. Its foreign minister, Riyad al-Maliki met Khan in The Hague last week and effectively endorsed any ICC investigation.
This article was amended on 31 October 2023 to clarify a reference to the number of “noncombatants” that the UN has said were killed by Hamas in Israel.
UNANSWERED QUESTION:
When it is 100% proven that ISRAEL commited
War Crimes have they EVER been brought to justice via
UN or other means? Ever?
