'No One Is Spared': South Africa Presents Genocide Case Against Israel at ICJ

By Jake Johnson

"Israel's political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent," a South African lawyer told the top U.N. court.

   

South African representatives argued before the International Court of Justice on Thursday that Israel is engaged in a genocidal assault on the Gaza Strip, subjecting the enclave to "merciless" bombing with the clear intent to wipe out the Palestinian population.

"They have deplored anyone feeling sorry for the uninvolved Gazans, asserting repeatedly that there are no uninvolved, that there are no innocents in Gaza, that the killers of the women and the children should not be separated from the citizens of Gaza, and that the children of Gaza have brought this upon themselves," South African attorney Tembeka Ngcukaitobi said during his presentation.

Thursday's hearing also featured remarks from South African Justice Minister Ronald Lamola, South African Ambassador to the Netherlands Vusimuzi Madonsela, lawyer Adila Hassim, and international law professor John Dugard, each of whom laid out an aspect of South Africa's case against the Israeli government.

Hassim argued that Israel's "first genocidal act" is the "mass killing of Palestinians in Gaza," pointing to the U.S.-armed military's use of 2,000-pound bombs in southern Gaza-the region to which Israeli forces ordered Gazans to move earlier in the war. 

"No one is spared. Not even newborns," said Hassim, displaying photos of mass graves in the Gaza Strip. "U.N. chiefs have described it as a graveyard for children."

"Israel has forced—forced—the displacement of about 85% of Palestinians in Gaza. There is nowhere safe for them to flee to."

Hassim made the case that Israel is guilty of violating articles 2a, 2b, 2c, and 2d of the Genocide Convention, which defines genocide as harm inflicted "with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group."

"Israel has deliberately imposed conditions on Gaza that cannot sustain life and are calculated to bring about its physical destruction," said Hassim. "Israel has forced—forced—the displacement of about 85% of Palestinians in Gaza. There is nowhere safe for them to flee to."

South Africa's presenters sought to demonstrate genocidal intent in part by directly quoting high-ranking Israeli officials, including Prime Minister Benjamin Netanyahu. Ngcukaitobi pointed to Netanyahu's repeated invocation of biblical passages to paint Gazans as modern-day Amalekites.

The attorney also played footage of Israeli soldiers chanting that they will "wipe off the seed of Amalek" and that there are "no uninvolved civilians" in Gaza.

"Israel's political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent," said Ngcukaitobi. "These statements are then repeated by soldiers on the ground in Gaza as they engage in the destruction of Palestinians and the physical infrastructure of Gaza."

South Africa's legal team decided against sharing highly graphic videos and photos during its presentations, saying it did not want to turn the court's proceedings "into a theatre for spectacle."

"South Africa's application in this court today is built on a foundation of clear legal rights, not images," the legal team said Thursday.

South Africa is asking the ICJ to adopt "provisional measures" to halt Israel's mass killing and displacement of Gazans, many of whom are starving and being stalked by disease.

Israel is set to offer its counter to South Africa's case on Friday, which will mark the first time Israel has defended itself in person at the United Nations' highest court.

In the days ahead of the ICJ's public hearings, Israeli officials pressured governments around the world to publicly denounce South Africa's case. The United States, Israel's top ally and leading arms supplier, has dismissed South Africa's arguments as "meritless."

But a growing number of national governments are backing South Africa, including Brazil, Malaysia, Bolivia, and Pakistan. South Africa's ICJ effort has also drawn massive support from grassroots organizations across the globe.

"Israel's killing, injuring, traumatizing, and displacing large numbers of Palestinians and denying water, food, medicine, and fuel to an occupied population meet the criteria for the crime of genocide," reads an open letter signed by more than 1,000 unions, popular movements, and other groups. "If a majority of the world's nations call for a cease-fire, yet fail to press for prosecution of Israel—what is to stop Israel from ethnically cleansing all Palestinians?"

This article originally appeared in Common Dreams on January 11th, 2024.  

Read the post below related to this topic
South Africa Initiates Case Against Israel at International Court of Justice, Common Dreams

Groups Intensify Global Push for Gaza Cease-Fire After ICJ Ruling,  Common Dreams

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State spending to prosecute – and defend – gang members on the docket for Georgia General Assembly

Several state agencies are seeking millions more in state funds to handle the growing caseload resulting from the state’s recent crackdown on street gangs.

Republican Attorney General Chris Carr and the directors of the Georgia Bureau of Investigation and Georgia Public Defender Council presented budget requests to state lawmakers on Thursday that include creating a new street gang task force, hiring new street gang data analysts, and hiring more attorneys who specialize in felony organized crime cases.

With the passage of a new state law endorsed by Gov. Brian Kemp and the General Assembly, Carr’s office in July 2022, Georgia created its first statewide gang prosecution unit that has since led to the indictment of more than 100 people and two dozen convictions. The overall number of gang-related cases is more extensive across Georgia, with the GBI data confirming that in 2023 a total of 287 street gang investigations across 93 counties leading to 325 arrests on felony charges.

The Attorney General’s Gang Prosecution Unit based in Atlanta, with regional, satellite prosecutors and investigators in Albany and Augusta is seeking another $807,000 to expand with new units in Macon, Columbus and Savannah. Carr is also backing the GOP governor’s budget recommendation to use $1.6 million to boost AG’s attorney salaries as part of a multi-year recruitment and retention plan. 

It’s all part of a collaborative approach to targeting gangs that often spread violence in their communities, Carr said. 

“Any additional amount will help us and it looks like there’s always going to be a challenge. There is a gap between the public sector and the private sector, but there’s no doubt that it’s helpful,” he said. “What we’ve seen is there are issues and what we want to do is be regional in nature because we know that gangs don’t care where the city lines, where the state lines are from an efficiency standpoint.

 It is becoming increasingly common for people accused of being involved in criminal enterprises like street gangs to be prosecuted under the Georgia Racketeer Influenced & Corrupt Organizations Act,  which is modeled on the federal racketeering law intended to take down mob operations and other racketeering fronts.  Some detractors of the RICO-heavy approach say prosecutors and other law enforcement officials can unfairly ensnare people who are loosely affiliated with individuals connected to the group while still failing to address larger systematic problems.

During last year’s session, Georgia Republicans helped pass a highly-divisive bill that increased the severity of penalties for street gang-related crimes.

A 21% drop in Atlanta homicides in 2023 has been attributed  by the Atlanta Police Department and Mayor Andre Dickens to an increased focus on fighting guns and gangs, according to a recent Atlanta Journal-Constitution article.

Atlanta rapper Young Thug and members of his record label, Young Slime Life, are facing first degree murder and drug trafficking charges in Georgia’s most high-profile street gang RICO case to date. Meanwhile, former President Donald Trump headlined the 19 individuals indicted in August in Fulton County for allegedly participating in a racketeering conspiracy to overturn Georgia’s 2020 presidential election.

Due to handling dozens of gang and racketeering cases over the past year, the state’s public defender’s council is requesting $5.7 million to pay for attorneys with special training in gang and RICO cases.

The additional funding for RICO cases would allow the organization to provide legal representation to people who cannot afford an attorney while also meeting the growing trend of gang-related investigations, according to Omotayo Alli, executive director of the Georgia Public Defender Council.

In the past year, the public defender’s office has handled nearly 70 street gang crime cases, with the number of defendants indicted ranging from six to upwards of 50 under the same overarching charge. Currently, it would cost the public defenders office at least $255,000 to contract enough private attorneys to represent 34 defendants charged in a single RICO case, Alli said.

“It’s been a lot of indictments for gang RICO defendants,” she said at Thursday’s budget committee hearing inside the state Capitol. “We understand that but we have to be able to represent those who have been indicted and arrested.”

The council is also requesting that the upcoming year’s budget have another $937,000 allocated for RICO cases along with another $9.1 million for attorneys salaries as part of the overall agency recruitment and retention programs.

The public defender’s office has been able to increase the starting pay for its attorneys from $45,000 in 2020 to $72,000 this year by consolidating job positions. The budget salary request includes money to boost the starting pay to $83,000 for the upcoming year.

“The attrition rate that we had in the past was quite detrimental, because  we train and we lose them. It’s like wasting money,” Alli said. We’re doing better because you have been considerate of our request.”

The multi-million dollar budget request designated for street gang enforcement caught the attention of Atlanta Democratic Rep. Scott Holcomb on Thursday.

“It would be interesting to see over time if this an aberration or a new trend line on the number of resources that need to be devoted,” he said.

GBI Director Chris Hosey said Thursday that his agency supports the governor requesting nearly $6 million in next year’s budget be used to hire a 14-member GBI gang task force that would be based out of Columbus. The new Columbus gang unit would join other GBI gang units located in Atlanta and Macon to go along with regional gang unit specialists in other pockets of the state.

The increased focus on gangs is also supported by Kemp recommending that the GBI receive a total of  $395,000 over the next year to hire criminal intelligence analysts tasked with supporting a street gang database available to other law enforcement agencies throughout the state. 

“We have consulted on street gang cases more than 50 times with local partners,” Hosey said. “A lot of the cases we work there is another criminal element to it whether it be homicides, drugs, assaults, human trafficking so the importance of working that and addressing it is paramount to us.”

In addition to the tough-on-crime approach, Carr said research will continue on the most challenging task, which is identifying programs that best divert people from joining gangs. 

“How do you stop a young person from joining a gang where at best you end up in jail, at worst you end up dead,” Carr asked. “Who are the communities most often targeted by gangs?  Low income, racially diverse and immigrant populations.”

This article originally appeared in the Georgia Recorder on January 18th, 2024.  

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Civilian boards overseeing police in FL are in jeopardy and could be dissolved

MITCH PERRY  

There are 21 such agencies in Florida, with 10 formed after the death of George Floyd in 2020

In 21 jurisdictions across Florida, so-called citizen review boards were created as a way to hold police officers more accountable, with more than half of the boards established following the death of George Floyd in 2020.

But all of the boards would be dissolved if a proposal filed by Duval County House Republican Wyman Duggan (HB 601) gets approval in the current legislative session.

The local boards relate to the ability to investigate allegations of police misconduct, but Duggan says there are no “uniform standards” among the 21 different police oversight agencies across the state.

“There are no uniform standards as to the qualifications or expertise of anybody to be a member,” Duggan told the House Local Administration, Federal Affairs and Special Districts subcommittee on Friday. “There’s no uniform standards on how they choose which cases to investigate. There are no uniform standards by which that investigation is conducted. There are no uniform standards by which they reach their decisions, and there are no uniform standards as to the due process protections afforded to the officer who is subject of the misconduct review.”

And Duggan dismissed claims that removing these oversight agencies will allow law enforcement officers to escape scrutiny or accountability if they are accused of misconduct.

Numerous entities — police departments, sheriff’s offices, state attorneys, the attorney general’s office, the FBI and the Department of Justice — can and do conduct such investigations. 

A recent report by the LeRoy Collins Institute looked at the impact that such oversight review agencies have on Black and white arrest rates in Florida. The report found that cities with such agencies have seen a reduction in total Black arrest rates per 100,000 compared to cities that do not have such agencies. They also found that cities with citizen review boards experience about a 15% reduction in the total Black arrest rates compared to cities not adopting such agencies.

Tennessee passed legislation last year removing the police oversight boards that had existed in Memphis and Nashville, replacing them with review committees that have no power to investigate police misconduct allegations.

At the House committee meetings, several members of the public said that the Legislature would be making a terrible decision if they removed citizen advisory boards.

“Accountability, transparency and having citizens involvement is essential to the trust of the community,” said Susan Khoury, a candidate running for sheriff in Miami-Dade County.

In 2022, a federal jury awarded Khoury $520,000 in damages for physical and mental harm after she claims she was wrongly institutionalized for a psychological examination under the Baker Act, a state law that allows for involuntary emergency mental health services.

Khoury said that there was no civilian oversight group in Miami when the incident happened, and she said she wished there had been. “I’m letting you know that it is important as a committee that you don’t overreach, and allow the communities have a say so.”

Ursula Price is the executive director of the Miami-Dade County Independent Civilian Panel. She moved to South Florida last year to take that position after heading the New Orleans Independent Police Monitor’s Office. She said that the committee needed to understand the limitations of what civilian review boards can actually do.

“There is no way for any oversight agency to reinvestigate some officer to discipline him, to do anything but open up a public discussion about the incident that occurred,” she said, adding that there was nothing punitive about the police oversight process.

“In fact, it benefits officers a great deal,” Price added. “Officers come to me to be whistleblowers to talk about issues of race and gender discrimination inside the police department and to offer suggestions for how to improve policing.”

The bill is strongly supported by law enforcement in Florida.

“The fact that everybody’s thinking that law enforcement officers are not being investigated? That’s incorrect,” said Lisa Henning, a lobbyist with the Florida Fraternal Order of Police. “Every single one of these IA [internal affairs] investigations when closed are available to the public with a public records request.”

The committee approved the proposal mostly along party lines, with one exception: South Florida Democratic Rep. Mike Gottlieb, a criminal defense attorney, joined the Republicans in supporting the bill.

The Senate companion bill (SB 576)  is being sponsored by Hernando County Republican Blaise Ingoglia. It will receive its first hearing in the Senate Criminal Justice Committee on Monday.

This article originally appeared in Florida Phoenix on January 19th 2024.  

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'Wrong Side of History': NYC Mayor Adams Vetoes Solitary Confinement Ban

By Olivia Rosane   

"With this veto, the mayor has condemned New Yorkers to suffer in solitary confinement and isolation, and he did so after the cameras were turned off and backs were turned," the bill's sponsor said.

New York City Mayor Eric Adams vetoed a New York City Council bill on Friday that would have banned the practice of solitary confinement in city jails.

Also on Friday, Adams vetoed another bill that would have increased transparency and oversight of the New York Police Department (NYPD). However, both bills passed the council with more votes than is required to override a veto.

"To recap: Police transparency is good. Solitary confinement is bad. And Mayor Adams is committed to manufacturing controversy where there is none," Brooklyn Borough President Antonio Reynoso wrote on social media in response to the news. "The Mayor shouldn't be spending time sowing dissent on veto-proof bills that will pass regardless of his actions today."

"Solitary confinement is torture. It often results in lasting psychological damage, and undermines public safety both inside and outside New York City's jails."

Solitary confinement is an increasingly controversial practice that has been recognized as torture by the United Nations and human rights groups if it lasts for more than 15 days in a row, according to the New York Civil Liberties Union. Its use at New York's Rikers Island has been linked to at least two recent deaths: Layleen Polanco Xtravaganza, who died after having a seizure while in solitary in 2019 and Kalief Browder, who took his own life after being placed in solitary confinement for two years.

"Solitary confinement is inhumane, and its presence in our city is indefensible," Public Advocate Jumaane Williams, who sponsored the legislation, said ahead of its passage last month. "Committing an infraction in jail can cause you to lose privileges, not basic human rights. People in solitary are isolated, denied human contact and connection, denied support, and come out of these deplorable conditions worse than when they went in—and some don't come out at all."

The bill, 549A, would have required that everyone in jail in New York City be allowed to gather with other inmates for at least 14 hours every day, except during emergency lock-ins or to deescalate conflict, ABC News reported. In those cases, inmates could only be confined for up to four hours.

Adams announced the veto by press release, and not during an earlier press conference when he announced his veto of the police transparency measure, as New York Magazine reported.

"Our administration does not support solitary confinement in our jails, and New York City has not used the practice for years. In fact, we have achieved significant reductions in key indicators of violence in our correction system without solitary confinement," Adams said in a statement. "But despite the misleading nickname, had [the bill] taken effect, the Department of Correction would no longer be able to protect people in custody, or the union workers charged with their safety, from violent individuals. I implore the City Council to work with our administration and follow the federal monitor's guidance to abandon this misguided bill."

Williams criticized the mayor's decision.

"With this veto, the mayor has condemned New Yorkers to suffer in solitary confinement and isolation, and he did so after the cameras were turned off and backs were turned. It's cowardly, weak, shameful, and entirely expected from this version of this mayor," Williams said in a statement.

"I don't think there's a single person in the city outside the mayor's office who thinks the status quo on Rikers right now is good and effective," Williams continued. "The ongoing use of solitary confinement and isolation in New York City—no matter what the administration calls it—is indefensible, and vetoing the ban is inexcusable."

Other city council members and rights groups spoke out against the mayor's action.

Speaker Adrienne Adams and Criminal Justice Chair Sandy Nurse promised to "take the steps to enact this law over the Mayor's veto." The measure passed 39-7, and an override requires 34 votes.

"The Council passed Intro. 549-A to ban solitary confinement with more than a veto-proof majority because it is imperative to make the city's jails safer for those who are detained and staff alike," Adams and Nurse said. "We cannot allow the human rights and safety crisis on Rikers to continue by maintaining the status quo of failed policies and practices."

The #HALTsolitary Campaign thanked Adams and Nurse for promising to override the mayor's veto.

"He's on the wrong side of history, human rights, and public safety," the group, which is led by impacted New Yorkers, posted on social media.

The NYCL also encouraged the city council to pass the legislation.

"Solitary confinement is torture," the group wrote on social media. "It often results in lasting psychological damage, and undermines public safety both inside and outside New York City's jails."

Council members and rights groups also criticized Adams' veto of the NYPD transparency measure—5862A or the "How Many Stops Act,"—which passed by a 35-9 margin.

"The Mayor's veto betrays his stated goal of public safety and harms the Black and Latino communities that bear the brunt of these stops."

This bill would have mandated that New York police officers report on civilian stops and searchers and give more detailed information about vehicle stops and searchers, ABC News explained.

In justifying his veto, Adams said that while the legislation "has good intentions behind it, the bill is misguided and compromises our public safety."

"Our administration supports efforts to make law enforcement more transparent, more just, and more accountable, but this bill will handcuff our police by drowning officers in unnecessary paperwork that will saddle taxpayers with tens of millions of dollars in additional NYPD overtime each year, while simultaneously taking officers away from policing our streets and engaging with the community," he said.

In response, Council Speaker Adams said the council was "prepared to override this veto," issuing a joint statement with Public Safety Chair Yusef Salaam.

"The false narrative that we cannot have transparency is bad for our city, and belies the fact that accountability is vital to improving public safety by increasing trust," Adams and Salaam said. "The Mayor's veto betrays his stated goal of public safety and harms the Black and Latino communities that bear the brunt of these stops."

The NYCLU wrote on social media: "The mayor's veto leaves another stain on an administration that has been winding back checks on hyper-aggressive, biased, and unaccountable policing. We are confident the city council will heed the call of impacted New Yorkers and advocates and override the Mayor's veto."

This article originally appeared in Common Dreams on January 20th 2024.  

Read the post below related to criminal justice

Civilian boards overseeing police in FL are in jeopardy and could be dissolved, Florida Phoenix

State spending to prosecute – and defend – gang members on the docket for Georgia General Assem, Georgia Recorder

Cash bail policies are under fresh scrutiny, Stateline

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How Patrice Lumumba’s assassination drove student activism, shaping the Congo’s future!

During a recent visit to the Democratic Republic of Congo (DRC), King Philippe of Belgium made a speech to the national parliament in Kinshasa expressing his “deepest regrets” for the exploitation and oppression of Belgian colonialism.

The European nation ruled the Democratic Republic of Congo from 1908 until 1960. Before that it had been a personal colony of Leopold II, Philippe’s great great grand uncle, for more than 25 years.

Philippe also addressed students at the University of Lubumbashi, in the capital of the Southeastern province of Katanga. “Today, let’s look towards the future,” he urged. Philippe declined to expand on his regrets, and only mentioned the colonial past, “our shared history,” in veiled terms.

His exhortation to dissipate colonial memories is particularly problematic in Lubumbashi. It is only a few kilometers away from where Patrice Lumumba, the Congo’s first Prime Minister, was assassinated. This happened in the presence of the Katangese secessionist leader Moïse Tshombe and his Belgian advisers on January 17, 1961.

Lumumba’s tooth, which had been kept by the Belgian policeman who destroyed his body, will finally be repatriated to the DRC – a gesture his family have been requesting for a long time.

Belgian researcher Ludo De Witte has described Lumumba’s murder as the most important assassination of the 20th Century. A charismatic leader, Lumumba embodied the struggle for pan-Africanism and Congolese unity. He unequivocally denounced Europe’s racist oppression of Africa. His vision of decolonisation, as a process of total liberation, marked millions of people in the Congo and around the world.

While Belgium has partly acknowledged its responsibility for the murder, no protagonists have been brought to justice. A parliamentary commission found that King Baudouin, the monarch at Congo’s decolonisation, was aware of plans to assassinate Lumumba. However, Baudouin’s complicity remains to be officially recognised.

The commission “tried in a way to limit the damages with its conclusions” and shied away from linking Belgium directly to the assassination. That was because “the diplomatic, ideological and financial consequences would be extremely great.”

This might be why King Philippe is focusing on moving forward. His speech in Lubumbashi positioned Congolese students as a future-oriented group with whom Belgium could forge a new partnership.

But there’s a crucial element missing from this logic: the specific role historically played by university students in further entrenching decolonisation in the Congo. This appeared most strongly during the 1960s.

In a forthcoming book on the history of this movement, as well as in previous publications, I argue that Lumumba’s death triggered students towards the political left. It created a generation of intransigent activists. These students pushed for total liberation from exploitation and oppression, as Lumumba had envisioned.

Many students today still feel committed to this tradition, and might not easily accept the clean slate envisioned in the monarch’s call to turn away from the past.

Shifts in the student movement

Congolese only began accessing universities a few years before the end of the Belgian regime. This was much later than in other colonial territories in Africa. This was a deliberate move by colonial officials, afraid that educated Congolese would challenge the status quo.

But as the anticolonial struggle was taking off, the Belgians revised their judgement and authorised the opening of two universities. They hoped that having been given access to the last echelon of European education, educated Congolese would support the maintaining of strong ties between Belgium and the Congo.

In the late 1950s, some students adopted the moderate tone that the Belgians had wished for. Several leading student figures from this period, whom I interviewed for my book, told me how they had criticised the politicians as demagogues unfit to rule the Congo. They argued that only a properly trained elite like themselves, and not uneducated politicans, could lead the country towards development and prosperity.

But, in the aftermath of Lumumba’s assassination in 1961, the student movement shifted. Its orientation became a vocal voice in defence of a fully independent Congo and for a more radical break with the colonial era. Students became increasingly critical of their Belgian professors and began identifying with revolutionary figures from Africa, Asia and Latin America.

The murder opened the eyes of many to the violence of neocolonialism. Lumumba immediately became viewed as both a martyr and hero by people around the world. This strongly impressed students and they felt like it was their role to continue the work he had started.

The student movement of the 1960s adopted Lumumba’s commitment to pan-African unity. It built on his conviction that independence involved more than a political transition. It had to be a revolutionary process that abolished economic exploitation and ensured mental liberation from colonial worldviews.

Student demands

Students denounced the continuous power of Belgian administrators and faculty at Congolese universities. They demanded the Africanisation of curricula and the democratisation of governing boards.

Their activism transformed higher education. It paved the way ultimately to the nationalisation of universities. But it also reverberated beyond university campuses, challenging the political elite’s refusal to continue the unfinished decolonisation of Congolese society and economy.

After General Mobutu Sese Seko staged a coup in 1965, he attempted to co-opt students and change their ideas about radical independence.

However, Mobutu’s uneven adherence to the ideal of Congolese nationalism alienated the students. By the end of the 1960s university students continued to oppose Mobutu’s increasingly dictatorial power. This was despite the fact that the regime suppressed critical voices.

Their protests were violently repressed and did not succeed in immediately challenging the president. Yet, they planted seeds that grew over the years and led to the powerful movement for democratisation of the 1990s. I believe that this significantly weakened Mobutu’s power and contributed to his ultimate downfall in 1997.

In June 1970, when King Baudouin went on the first Belgian royal visit of Congo since independence, he stopped, together with President Mobutu, at Lovanium University in Kinshasa. In an interview with students from that time, they told me how they sprayed the royal delegation with water. It was an expression of their opposition to the regime and unfinished decolonisation of their university.

King Philippe didn’t experience an incident like this. Yet, it doesn’t mean that students aren’t looking critically at the relationship between Belgium and Congo. Students rose up in 2015 against then President Joseph Kabila’s attempt to change the constitution. Recently, they have protested against the ongoing war and massacres of civilians in Eastern Congo.

Pedro Monaville, Professor, New York University Abu Dhabi

This article originally appeared in The Conversation on June 19th, 2022  

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