Human Rights Calls to Halt Arms Exports, Withdraw All Forms of Support, Impose Sanctions, and Activate International Mechanisms
On the evening of Wednesday, May 29, 2024, Mwatana for Human Rights organized a high-level virtual event featuring international experts. The event addressed the legal and ethical responsibilities of the international community in protecting civilians and establishing effective accountability for violations committed during the current conflict in Gaza and throughout the Israeli-Palestinian conflict cycles.
Participants included Kenneth Roth, former Executive Director of Human Rights Watch; Ione Belarra, Member of the Spanish Parliament and former Minister of Social Rights; Shawan Jabarin, President of Al-Haq Foundation; and Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights. The event was moderated by Dr. Moataz El Fegiery, Head of the Human Rights Program at the Doha Institute for Graduate Studies.
The event coincided with a series of significant international developments and reactions to the horrific massacres in Gaza, recent decisions by the International Court of Justice, actions by the Prosecutor of the International Criminal Court, and the recognition of the State of Palestine by several European countries, including Spain, Ireland, and Norway.
At the opening of the event, Dr. Moataz El Fegiery stated, "Undoubtedly, this event takes place at an extremely sensitive moment, as the situation in the occupied Palestinian territories is exceedingly dire. In recent days, we have witnessed horrific massacres and atrocious crimes in Gaza. Much is happening globally regarding human rights in Palestine. Last week, the International Criminal Court (ICC) ordered Israel to halt its operations in Rafah. Additionally, the ICC Prosecutor issued arrest warrants for Benjamin Netanyahu and other Israeli officials, as well as officials from Hamas. Recently, more European countries, such as Spain, Ireland, and Norway, have recognized the State of Palestine.
Since the war began on October 7, the situation has continued to escalate, raising numerous questions at both the regional and international levels about the future of the international human rights system and international humanitarian law, and their applicability in this ongoing conflict. There are international players with vested interests in this conflict who provide support and protection to Israel. This situation tests the effectiveness of the international system and poses a significant challenge to the human rights movement and the international community. The repercussions and complexities of this conflict will likely continue for years to come."
He added, "Israel continues to defy the international community, believing it can evade accountability and punishment. Here lies the contradiction: there is a growing global awareness of the horrific massacres and grave violations occurring, and there have been significant achievements within the ICC and the International Court of Justice, as well as within the human rights movement in Palestine."
Kenneth Roth, former Executive Director of Human Rights Watch, discussed the various contexts related to the violations committed against civilians since October 7, 2023. He addressed the cycle of action and reaction between the conflicting parties and who bears responsibility for war crimes against civilians. Roth emphasized that there is a possibility of reaching common ground in this debate, underscoring that "international humanitarian law does not discriminate between the parties to the conflict or show favoritism towards either."
Roth said, "Israel claims to be different from Hamas, yet they deliberately kill civilians. A closer look reveals that Israel regularly violates civilian rights, bombards civilian infrastructure, attacks universities, museums, residential buildings, and unarmed civilians under the pretext of targeting Hamas. However, they end up destroying these facilities. Israel also kills civilians, both armed and unarmed."
He highlighted that the principle of "proportionality" in international humanitarian law is binding. Even when Israel aims to attack any military target, it is not permitted to harm civilians disproportionately. Roth noted, "Israelis kill 15 to 20 civilians to eliminate one Hamas fighter, which does not comply with the principle of proportionality."
Roth further explained that Israel has caused unprecedented harm to hospitals, such as Al-Shifa Hospital, the largest in the area, which was targeted under the pretext of housing Hamas's command center. However, it was later revealed that only a few weapons were found in the hospital's lower floors. This targeting and the resultant harm to civilian patients were unjustified. As a result, Al-Shifa and other hospitals have either gone out of service or are operating partially.
Roth pointed out that Israel continues to "disregard the rulings of the International Court of Justice; it still blocks humanitarian aid, imposes widespread starvation on the Palestinian people, and perpetuates the killing of Palestinians. As a result, the Prosecutor of the International Criminal Court has announced his application for arrest warrants for Israeli officials, as all the evidence is clear and compelling. This includes the restrictions Israel places on the delivery of humanitarian aid and essential goods to Gaza, as well as the limitations on land crossings, including the Rafah crossing and northern crossings. The operational crossings do not compensate for those destroyed or closed. The limited aid that arrives via ports and air drops is also insufficient. Israel deliberately obstructs humanitarian aid to starve the Palestinians, using the pretext of pressuring Hamas to release hostages. Meanwhile, Hamas still manages to access food supplies; it is the civilians who are suffering immensely."
Roth continued, " Allow me to present some of the defensive arguments put forth by Israel. Israel claims that Hamas uses civilians as human shields, implying that Hamas fights in densely populated areas. However, the issue of human shields has nothing to do with the starvation policy implemented by Benjamin Netanyahu against the Palestinians. Even if Hamas were using civilians as human shields, it is Israel's duty not to fire indiscriminately and not to use disproportionate force. This does not justify dropping 2,000 kg bombs on civilians in Gaza." He added, "Israel also claims that it evacuates people for their protection, which is another of their defensive arguments. However, they do this in an inhumane manner. We are witnessing firsthand what is happening right now. One million out of 1.4 million Palestinians are without shelter after fleeing their homes, living in tents on the beach without food, sanitation, water, or proper shelter."
Roth referred to a recent incident occurred few days ago where the Israeli army targeted 10 Palestinian refugee camps in Rafah (southern Gaza), stating that "Israel targeted a safe humanitarian area. Netanyahu resorts to a strategy of collective punishment, naively believing he will get away with it." He also pointed out that "despite this, two ministers from Netanyahu's government have called for another strike on Gaza, aiming to force 1.3 million Palestinians to flee to Egypt. They believe Netanyahu will escape accountability. Consequently, the Prosecutor of the International Criminal Court has decided to request arrest warrants, including for Benjamin Netanyahu."
Shawan Jabarin, Director General of Al-Haq Foundation, emphasized in his remarks, "History did not begin on October 7, but for me, I believe October 7 marks the start of the International Criminal Court's investigation, alongside everything that has happened up to now." He added, "No crime justifies another crime, but the problem does not lie in the texts or standards. The real issue is Israel's policy of impunity, supported by its allied nations. Since 1948 to this day, no action has been taken against Israel, despite its extensive crimes against humanity and repeated offenses."
Jabarin stated, "It is essential to put things into context; we are dealing with a colonial regime. This regime is first and foremost racist, secondly colonial, and thirdly apartheid. Since the inception of the State of Israel, it has engaged in the brutal displacement of Palestinian civilians, which constitutes a war crime under international humanitarian law."
Jabarin added, "From the very beginning, I feared the worst: genocide. We have substantial evidence indicating that we are indeed facing a genuine massacre of civilians. This includes the deliberate targeting of hospitals and schools. The attacks began with targeting Al-Shifa Hospital, which predates the Israeli occupation, as acknowledged by Ehud Barak and other Israeli leaders." He continued, "The situation is currently clear and undeniable. They also claim to make occasional mistakes by dropping bombs here and there. This is not a mistake; it is a systematic policy pursued by Israel, part of their broader plan. Now, Rafah is being targeted, which is also part of this plan to directly target civilians. The problem is that we tolerate some Israeli crimes and overlook them, but in return, they escalate their actions, committing more crimes. We tolerate more, and the harm intensifies, making the targeting of civilians even more atrocious and egregious."
Regarding the use of artificial intelligence in warfare, Jabarin stated, "The Israelis use it to target families rather than individuals. They know well how to kill families and how to decide who lives and who dies. They are well aware of the locations where children and families reside. They also push Palestinians towards the northern side, knowing that families will gather together and live in tight spaces. Therefore, they target them, resulting in devastating casualties."
Jabarin anticipated that the Israelis "will continue their crimes, and what is happening in Gaza is just the first round. Most likely, in the next round, they will turn towards the West Bank. This is a strictly legal term, although the West Bank is also witnessing a slow genocide of civilians. This description is legal, not political. I know that Israelis feel anger and do not want to hear the term 'genocide.' Yet, it is indeed genocide, unprecedented. The targeting of hospitals and medical centers is clear evidence of this."
Jabarin emphasized that "the Biden administration is not just complicit but actively involved in the genocide committed against Palestinians from day one. Our children are killed with US weapons, and until today, what is happening in Rafah is happening with US-made arms. Moreover, Americans have been part of the plan since the beginning, involved in planning and providing support." According to Jabarin, "American officers, commanders, and judges in the military are personally involved in planning and behind-the-scenes support. Security sources confirm that Germans are also complicit by covering up these crimes."
Jabarin added, "I believe that the international system for protecting civilians has failed, and here I am referring to the Security Council, responsible for security and peace. This system has failed utterly, 100%, and it never protects civilians. Our only hope now lies with the judicial system, specifically the International Criminal Court and the International Court of Justice. We must not allow this system to collapse completely, even if the Americans or Western countries wish it. We must play a crucial role, exerting pressure to prevent its collapse."
Shawan clarified, "The existing problem lies not in international law or other international treaties, but rather in political will and the 'great powers'. Even if someone claims that the International Criminal Court is only for Africans and does not apply to the great powers, we must highlight that we should not only prosecute Israelis, but also pursue and prosecute anyone who is complicit with or colludes with Israel in any way."
Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, touched on several key points during her presentation at the event. Al-Mutawakel stated, "From our experience in Yemen, documenting war crimes and violations committed by all parties in the conflict and leading international advocacy campaigns, we understand that the world often reinforces impunity rather than accountability. However, we have also learned that this is not an inevitable fate, and we have the power to change things. Coming from a country experiencing one of the world's worst humanitarian crises, I recognize that what is happening in Gaza is unprecedented. It is not just genocide; it is a crime even greater than that, taking place before our eyes."
Al-Mutawakel added, "From our experience, it seems that war crimes are contagious, and conflict parties learn from one another. The more confident they are in impunity, the more aggressive they become. Gaza now serves as a test case for the world. If war crimes and genocide continue there without accountability, it won't just affect the rights of civilians in Palestine; it will create a terrifying world. This alarms me as someone living in a conflict zone because it signals a green light for all conflict parties globally to commit more violations, knowing they will escape accountability. Much of the ongoing violations and conflicts could have been prevented with effective accountability. Conflict parties continue committing violations because they feel assured they can escape punishment, and this trend grows stronger every day."
Al-Mutawakel highlighted an essential truth that "If there had been accountability in Syria, war crimes in Yemen, Sudan, Ukraine, or Palestine might not have occurred. Thus, more impunity leads to more war crimes everywhere. Now, there must be accountability for what is happening in Gaza. We need platforms to act against all violators and perpetrators of these crimes. We currently have two crucial platforms: the International Criminal Court and the International Court of Justice."
Al-Mutawakel continued, "As for the Biden administration, it is a hopeless case because it fully supports Netanyahu and turns a blind eye to all violations and acts of genocide taking place. However, I have not lost hope in the European Union, which could play a very significant and crucial role in accountability and stopping the current war in Gaza, especially following the recognition of Palestine by Norway, Ireland, and Spain. This paves the way for ensuring full membership for Palestine in the United Nations, which will guarantee not only the fundamental rights of Palestine in times of war but also in times of peace."
Al-Mutawakel appreciated the efforts of South Africa before the International Court of Justice and the role of human rights movements, civil movements, and human rights activists in Palestine. These efforts have made the situation in Palestine part of the International Criminal Court's agenda. She emphasized the need for financial and political support and solidarity with the court's officials and judges who have faced threats from Israel. Al-Mutawakel questioned: "Why have the countries remained inactive? Not only the European Union but also Arab countries! Why haven't they stood alongside South Africa? Why do we not see more countries taking a significant role in what is happening in Palestine through the International Court of Justice? It is an available platform that can be easily utilized, but the problem is that none of these countries are willing to take action to stop the genocide and war crimes committed in Gaza and Rafah."
Regarding arms exports to Israel, Radhya Al-Mutawakel said, "These exports must be halted, as well as diplomatic relations. All international platforms, including the Security Council, the United Nations, the Human Rights Council, the International Criminal Court, and the International Court of Justice, should be utilized. Every available platform should be employed to exert pressure on Israel. I also believe that the people of the world, in the United States, Europe, Spain, and other places, will do their utmost and take action. International humanitarian law is clear on this matter. No crime justifies another crime, which is a fundamental principle of international humanitarian law."
Al-Mutawakel concluded her remarks by emphasizing that “The issue is not only about stopping the war in Gaza but also about accountability and punishment for the perpetrators of these crimes. This does not only pertain to Gaza. I do not know how the situation will unfold in Yemen, Sudan, Ukraine, or any region that might face these crimes in the future without holding the perpetrators accountable, especially through judicial accountability. I believe Gaza is now a test case for everyone, and there is great hope for making a significant difference in how we can truly uphold the principles of international criminal accountability."
Former Spanish Parliament member Ione Belarra expressed her gratitude to Mwatana for Human Rights for organizing such an event. She stated, "It is a great honor for me and my party to be among the attendees of this event." She continued, "My party and I believe in the necessity of such events to counter the terrorism and silencing that global media practices against those who stand with the Palestinian people and their rights." Belarra emphasized the importance and necessity of issuing arrest warrants as requested by the International Criminal Court's prosecutor against the Israeli Prime Minister and his Defense Minister for committing war crimes and crimes against humanity, asserting, "This is our conviction and our policy."
Belarra added, "For months, we have been witnessing the brutal actions and genocide that Israel is committing against the Palestinian people. We feel the suffering of the Palestinians and share their disappointment as we see Israel escaping accountability and facing no legal consequences. Instead, it receives support from global powers, specifically from the United States and the European Union."
She stressed that "it is time for international justice to take the necessary and deserved measures against those responsible for the killings in Gaza—Netanyahu, his Defense Minister, and others. They are war criminals committing genocide against defenseless people, and we hope that these measures will be effective enough to stop the crimes in Gaza and end the genocide."
Belarra noted, "During this period, we have seen nations from the Global South, such as South Africa and Colombia, leading the global response in defense of the Palestinian people. Meanwhile, nations that pride themselves on being free and champions of liberty, such as the United States, Britain, and the European Union, are complicit with Israel and its actions since October 7, 2023. These nations justify their complicity by claiming that Israel has the right to defend itself and by portraying Israel as the only democracy in the Middle East. This latter justification is particularly weak and flimsy; these actions by global powers merely serve to legitimize Israel's war crimes. It is our duty to categorically reject these actions. We must not allow this to continue for even one more day."
The Spanish politician continued, "International justice must act now to provide security for the Palestinian people, legal protection, and a future that our so-called respectable countries currently fail to recognize. This situation brings shame upon us and our peoples. While our Spanish government has taken bold steps to distance itself from some of Israel's allies, it has yet to take effective and concrete measures to pressure Israel into halting the massacre promptly. For months, we have been urging our government to sever diplomatic ties with Israel, impose a trade boycott, and join South Africa in publicly condemning Israel before the International Court of Justice. We have also called for sanctions against Israel and its leaders, akin to those imposed on Russia and its allies. Despite more than seven months passing since the onset of the genocide, our government has done none of this. Recently, we discovered that arms shipments to Israel are passing through Spain, a fact that was hidden from us until last week."
She added, "Our government should recognize the State of Palestine and honor the Palestinians as heroes. This is something President Sánchez should have done long ago, which would have significant symbolic value. However, at this stage, after everything Israel has done, we believe that recognition alone is no longer sufficient unless accompanied by other measures. Without these, it will merely serve our government's public relations and reputation, rather than stopping Netanyahu. The situation is too dire to be met with empty statements. As President Sánchez recently said, the Palestinian cause is now the cause of all humanity."
Bielara emphasized that "Israel is not only killing Palestinians but also violating the rules and conventions of humanitarian law established by the world’s nations after World War II."
She warned of the consequences if "Israel achieves its goal of exterminating the Palestinian people and completing the occupation of the land. The world will change forever, and any possibility of establishing an international system based on law will disappear. Then, crimes will become normalized and accepted in the eyes of the international community, and land theft, genocide, and displacement will be seen as legitimate political acts. Therefore, we must do everything in our power to stop the genocide in Gaza. If we fail, war, genocide, death, and violence will become threats knocking at the world's doors. Today, the victims are Palestinians, but tomorrow everyone will be at risk, and no one will be able to prevent the catastrophe."
