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Tag: Diana Buttu

  • News Analysis: Can Trump’s Gaza ‘eternal peace’ plan deliver results when details remain vague?

    When President Trump presented his 20-point peace plan for the Gaza Strip, he deployed his trademark hyperbolic speaking style to trumpet it as a “big, big day, a beautiful day, potentially one of the great days ever in civilization,” which would end the war and deliver “eternal peace in the Middle East.”

    Yet many of the plan’s details are unknown, and though Israeli Prime Minister Benjamin Netanyahu said he “supports” it and a bevy of Arab and Muslim nations welcomed it as a sign of U.S. commitment to ending the war, observers — both supporters and critics — warn that Trump’s optimism is unwarranted in a deal where so much remains ambiguous.

    “It’s so vague that a million things still need to be negotiated,” said Mouin Rabbani, a nonresident fellow at the Qatar-based Center for Conflict and Humanitarian Studies.

    “And for both Israel and Hamas, accepting terms and implementing them are different things,” he said.

    The proposal, which Hamas negotiators received late night on Monday and are still studying, would immediately end the war and allow aid to flood Gaza, where Israel’s months-long blockade has triggered famine.

    The U.N., rights and aid groups and governments, including Western allies of the U.S. and Israel, accuse Israel of committing genocide in the enclave. Israel denies the charge.

    Even as Trump said on Tuesday he was “waiting for Hamas” for its response, the Israeli military continued pummeling Gaza, with at least 42 Palestinians killed and 190 injured in Israeli attacks across the Strip in the past 24 hours, according to Palestinian health authorities.

    Some 66,097 Palestinians have been killed and a further 168,536 wounded in the two years since Israel began its campaign on Gaza after Hamas’ attacks nearly two years ago.

    Under the plan, Hamas would surrender, release all hostages, disarm and relinquish any future role in Gaza’s governance — all points Netanyahu has insisted on throughout many rounds of fruitless Qatari-brokered negotiations with Hamas.

    Also in Netanyahu’s favor: The Palestinian Authority — which welcomed the initiative — would have no control over Gaza until after it fulfills a “reform programand the mention of Palestinian statehood was so notional it amounted to little more than a recognition that Palestinian self-determination and statehood were “the aspiration of the Palestinian people.”

    Yet although Netanyahu said the plan fulfilled “our war aims,” he did not leave the White House on Monday completely pleased.

    Crucially, the agreement stipulates Israel will not occupy or annex Gaza, nor will its residents be forced to leave, conditions that frustrate Netanyahu’s right-wing allies. On Tuesday, Israeli Finance Minister Bezalel Smotrich, a coalition partner of Netanyahu and an ardent supporter of Israel conquering the enclave, dismissed celebrations of the proposal as “premature,” writing on X it was “a resounding diplomatic failure” that will “end in tears.”

    Israel would begin a staged withdrawal conditioned “on standards, milestones, and time frames linked to demilitarization,” leading to an eventual full withdrawal, save for a temporary “security perimeter” until Gaza is “properly secure from any resurgent terror threat.”

    Yet those standards, milestones and time frames remain undefined, along with much else in the initiative, which for the moment serves more as a blueprint for a wider agreement, one requiring days, if not weeks, of negotiations to flesh out.

    And in a seeming contradiction of the terms outlined, Netanyahu released a video address on Tuesday saying the Israeli military “will remain in most of the Gaza Strip.” As for a withdrawal, “no way, that’s not happening.”

    For the Palestinians, other misgivings abound.

    “There are plenty of guarantees to the Israelis, but not a single guarantee given to Palestinians — nothing,” said Diana Buttu, a Palestinian lawyer who served as a legal advisor to the Palestinian negotiating team. As it stands, the plan allows Israel to resume fighting at any moment, choose not to withdraw and block humanitarian aid at will.

    It also imposes a transitional authority — composed of a technocratic, apolitical Palestinian committee without Hamas or the Palestinian Authority — to rule over Gaza and overseen by a “Board of Peace” involving Trump and former British Prime Minister Tony Blair.

    After the Ramallah-based Palestinian Authority completes reforms, according to the document, “conditions may finally be in place for a credible pathway to Palestinian self-determination and statehood.”

    In effect, Buttu said, “Palestinian agency has been completely removed.” And the reforms called for in the plan include the Palestinian Authority dropping its case for genocide in the International Criminal Court — a deeply unpopular move likely to further tank the authority’s image with Palestinians.

    “The sum total,” Buttu said, ”is we have no Hamas, no Palestinian Authority, and just Israel.”

    Another concern is that the proposal transfers the onus of making Hamas comply from Israel to regional governments, especially those supposed to provide training and support, if not troops, for the stabilization force. Deploying their soldiers into a chaotic post-war enclave would open them up to accusations of collaborating with Israel.

    Still, Buttu and others said that, for many regional governments, they have little choice but to go along with Trump’s plan as the least-bad option.

    “If you compare it to what Netanyahu and other senior Israeli officials were threatening to do to Gaza, the plan is good,” said Oraib al-Rantawi, who heads the Amman-based Al Quds Center for Political Studies, adding that most Arab governments were unconcerned with the fate of Hamas’ arsenal and had little interest in helping it secure a victory in negotiations.

    “Their central issue is there be no annexation and that the people of Gaza not be forcibly displaced,” al-Rantawi said.

    An earlier draft of the proposal — according to diplomatic figures who received it but spoke on background because they were not allowed to comment publicly — said Israel would not occupy or annex the West Bank as well as Gaza; the published version only mentions the enclave. In recent days, Trump has said Israel will not be allowed to annex the West Bank, which Israel occupies and which Palestinians want as part of a future state.

    The war began on Oct. 7, 2023, when Hamas militants blitzed into southern Israel, killing around 1,200 people and kidnapping 251 others. Hamas and other groups still hold 48 people; 20 are still alive.

    Trump touted his plan as a path to bring other Arab nations into the Abraham Accords, the normalization agreements he brokered during his first term between Israel and some Arab countries.

    Trump has long angled for Saudi Arabia to join the accords, but the kingdom has refused without a credible path to Palestinian statehood. The plan is unlikely to change that, said Ali Shihabi, a Saudi commentator who is close to the country’s monarchy.

    “Saudi Arabia won’t be normalizing based on this agreement,” Shihabi said. “If concrete steps are taken on the ground and a Palestinian state happens, then it’s there.”

    Still, the hope is that Arab nations backing Trump’s peace plan can influence him to steer events, said Amer Al Sabaileh, a Jordanian political analyst.

    “You’re now talking about a peace in which these countries are involved,” he said. “They want to contain the danger of a unilateral Israeli vision.”

    For now, al-Rantawi said, the plan could bring a close to the “open wound” that was Gaza, but little else.

    “Let’s not make this greater than it is. We’re still in the beginning of a long road, but we know it can help Gaza,” he said. As for the initiative leading to Trump’s “eternal peace,” he added, there was little horizon for that, and many observers expect it would flounder like other attempts to forge a comprehensive agreement in the Middle East.

    “We’ve all seen this movie before.”

    Nabih Bulos

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  • South Africas Genocide Case Against Israel at the International Court of Justice

    South Africas Genocide Case Against Israel at the International Court of Justice

    The International Court of Justice (ICJ) in The Hague, the Netherlands.
    • by Diana Buttu (toronto, canada)
    • Inter Press Service

    She is a former advisor to Palestinian Authority President and Palestine Liberation Organization Chairman Mahmoud Abbas.

    Question: What is the International Court of Justice (ICJ) and how does it differ from the International Criminal Court (ICC)?

    Diana Buttu: The International Court of Justice is part of the United Nations system and deals with legal disputes between states. The International Criminal Court, which Israel does not recognize the jurisdiction of, deals with claims against individuals. Israel signed onto the UN Genocide Convention, as did South Africa. Therefore, the ICJ has the jurisdiction to deal with the petition being brought by South Africa.

    Q: Why is South Africa filing the petition before the ICJ? What is being requested?

    DB: Any country that is a signatory to the Genocide Convention can file a petition to the ICJ. They do not need to be directly affected. That said, it is very powerful that South Africa, a country that lived under a racist apartheid regime, is making a claim against the apartheid regime of Israel.

    South Africa is seeking an expedited hearing and is hoping that the ICJ will issue a ruling calling upon Israel to immediately halt all military attacks and allow food and other humanitarian supplies to enter Gaza. To that end, South Africa has requested that the ICJ should order Israel “to cease killing and causing serious mental and bodily harm to Palestinian people in Gaza, to cease the deliberate infliction of conditions of life calculated to bring about their physical destruction as a group, to prevent and punish direct and public incitement to genocide, and to rescind related policies and practices, including regarding the restriction on aid and the issuing of evacuation directives.”

    Q: What exactly is South Africa alleging?

    DB: South Africa alleges that Israel is committing genocide against Palestinians in Gaza, where 2.3 million Palestinians, half of them children, are trapped with nowhere to escape to. Since October 7, Israel has been carrying out a massive military assault by land, air and sea, on Gaza, which is one of the most densely populated places in the world. Israel’s assault is one of the most destructive and deadly bombing campaigns in history, killing more than 1 percent of the population of Gaza up to this point. At the same time, Israel has cut off food, water, and medical supplies, as part of a deliberate attempt to starve the population.

    Israel has also driven nearly the entire population out of their homes in an act of ethnic cleansing, particularly in the north of Gaza. So far, Israel has destroyed or damaged 355,000 homes (approximately 60% of all homes in Gaza); displaced 1.9 million Palestinians (85% of the total population) and has left all of Gaza without food, clean water or sanitation.

    Israel’s military has also targeted hospitals and other health care facilities in Gaza as part of its ethnic cleansing campaign. According to South Africa’s petition, “Israel has bombed, shelled and besieged Gaza’s hospitals, with only 13 out of 36 hospitals partially functional, and no fully functioning hospital left in North Gaza. Contagious and epidemic diseases are rife amongst the displaced Palestinian population, with experts warning of the risk of meningitis, cholera and other outbreaks. The entire population in Gaza is at imminent risk of famine…”

    According to South Africa’s petition, Israel is:

    1. Engaged in the mass killing of Palestinians in Gaza, a large proportion of them women and children —who are estimated to account for around 70% of the more than 21,110 fatalities. According to reports, Israeli soldiers have also summarily executed civilians;
    2. Deliberately causing starvation and dehydration amongst Palestinians in Gaza by cutting of supplies of food, water, and electricity, and the destruction of bakeries, mills, agricultural lands and other methods of food production and sustenance;
    3. Causing serious mental and bodily harm to Palestinians in Gaza, including through maiming, psychological trauma, and inhuman and degrading treatment;
    4. Forcibly displacing – ethnic cleansing – around 85% of Palestinians in Gaza so far — including children, the elderly, and the sick and wounded — as well as causing the large scale destruction of Palestinian homes, cities, towns, refugee camps, and entire regions in Gaza, precluding the return of a significant proportion of Palestinians to their homes;
    5. Destroying Palestinian life and society in Gaza, through the destruction of Gaza’s universities, schools, cultural centers, courts, public buildings and records, libraries, churches, mosques, roads, infrastructure, utilities and other facilities necessary to the sustained life of Palestinians in Gaza as a group, alongside the killing of entire family groups — erasing entire oral histories in Gaza — and the killing of prominent and distinguished members of society;
    6. Imposing measures intended to prevent Palestinian births in Gaza, through the reproductive violence inflicted on Palestinian women, newborn babies, infants, and children;
    7. Failing to provide for or to ensure the provision for the medical needs of Palestinians in Gaza, including those medical needs created by other genocidal acts causing serious bodily harm, including through directly attacking hospitals, ambulances and other healthcare facilities in Gaza, killing doctors, medics and nurses, including the most qualified medics in Gaza, and destroying and disabling Gaza’s medical system; and
    8. Failing to provide and restricting the provision of adequate shelter, clothes, hygiene or sanitation to Palestinians in Gaza, including the 1.9 million internally displaced people, compelled by Israel’s actions to live in dangerous situations of squalor, alongside the routine targeting and destruction of places of shelter and the killing and wounding of those seeking safety, including women, children, the disabled and the elderly.

    Q: What is necessary to establish that genocide is taking place?

    DB: According to the UN’s Convention on the Prevention and Punishment of the Crime of Genocide, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

    • Killing members of the group;
    • Causing serious bodily or mental harm to members of the group;
    • Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
    • Imposing measures intended to prevent births within the group;
    • Forcibly transferring children of the group to another group.

    Based on this, two elements are required: the intent to destroy in whole or in part a national, ethnical, racial or religious group and the act of doing so. In the petition, South Africa lays out both elements by highlighting numerous statements demonstrating the intent to commit genocide on the part of senior Israeli officials, including Prime Minister Netanyahu, the President of Israel, the Minister of Defense, the National Security Minister, the Minister of Energy and Infrastructure, the Minister of Finance, the Minister of Heritage, the Minister of Agriculture and the Deputy Speaker of the Knesset. The petition also highlights the alarm bells raised by a number of UN experts warning that Palestinians are at risk of genocide. It also highlights the many acts that Israel has carried out since October 7 to meet those elements above.

    Q: What will happen if the ICJ finds that Israel is committing genocide?

    DB: At this stage, what is being sought is a provisional order asking that Israel cease its attacks against Palestinians in Gaza. For a provisional order, it is not necessary to prove that Israel is committing genocide; but rather that the acts complained of fall within the Genocide Convention.

    That said, if after hearing the full case the court finds that Israel is committing genocide, this obligates not only Israel but also countries around the world to act to stop genocide. First, according to the ICJ, every UN member state must undertake to comply with a decision of the ICJ in any case to which it is a party. If they do not comply, the other party may go to the UN Security Council which may take measures to give effect to the judgment.

    Beyond that, however, the crime of genocide does not just bind the party committing genocide but binds third party states too, whether or not they have ratified the Genocide Convention. What this means is that ALL states are bound and therefore must take measures to stop the genocide as well as measures not to aid Israel in committing genocide. This, of course, can take different forms including by imposing an arms embargo on Israel, boycotting and sanctioning Israel, and prosecuting war criminals.

    For more information, contact Chris at [email protected] or (202) 903-3271.

    IPS UN Bureau

    © Inter Press Service (2024) — All Rights ReservedOriginal source: Inter Press Service

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