Opinion: Gaza and the UN Independent Commission Report

By Craig G. Bartholomew

The UN Independent Commission Report “Legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide” has now been published.

What is going on daily in Gaza, as it will soon have done for two long years, is surely one of if not the most monumental issues facing the world today. At KLC, as a research centre, we encourage people to be well informed about this situation and to think hard about it. Sound bites and provocative headings do not make for responsible citizens.

The publication of the UN report and its conclusion that it is indeed genocide that is taking place is significant and its report needs to be read, whatever your view of the situation. You can find it here: HRC Legal Analysis.

The report depends on the legal definition of genocide as defined by the Genocide Convention (1948; see Genocide Convention Fact Sheet) and the Rome Statute (1998; see Article 6).

It is worth noting that the USA, China, Russia, India and Israel are not signatories to the Rome Statute. The USA signed the Rome Statute in 2000 but then withdrew its signature in 2002. 125 countries are signatories and they include the UK, Canada, France, Germany, the Netherlands, etc. The USA, Russia, China, India and Israel are, however, all signatories of the Genocide Convention.

The UN report ends with recommendations. Here are the recommendations to Member States:

The Commission recommends that all Member States:

1. Employ all means reasonably available to them to prevent the commission of genocide in the Gaza Strip;
2. Cease the transfer of arms and other equipment or items, including jet fuel, to the State of Israel or third States where there is reason to suspect their use in military operations that have involved or could involve the commission of genocide;
3. Ensure individuals and corporations in their territories and within their jurisdiction are not involved in the commission of genocide, aiding and assisting the commission of genocide or incitement to commit genocide and investigate and prosecute those who may be implicated in these crimes under international law;
4. Facilitate the investigations and domestic proceedings and take action (including imposing sanctions) against the State of Israel and against individuals or corporations that are involved in or facilitating the commission of genocide or incitement to commit genocide;
5. Cooperate with the investigation of the Office of the Prosecutor of the International Criminal Court.