The world must seek justice for Palestinians suffering genocide

A Palestinian man sits on the rubble of a destroyed building in the Nuseirat refugee in the central Gaza Strip on December 13, 2024, amid the continuing war between Israel and Hamas. [AFP]

Five days before International Human Rights Day, Amnesty International released its report on the many crimes that have taken place against Palestinians in Gaza.

While the charge of “genocide” has been on the lips of millions of protesters and observers worldwide for months, the report provides empirical and irrefutable evidence that a genocide has taken place in Gaza. Since October 7, 2023 Israeli military offensive on the occupied Gaza Strip started, the Palestinian territory has experienced aerial and ground attacks of unprecedented magnitude.

The massive explosions have intentionally levelled entire neighbourhoods, destroyed essential infrastructure and denied life-saving goods, basic utility and humanitarian services to the Palestinian people.

More than 45,000 human beings from multi-generational families have been killed with over 106,000, mostly civilian casualties. 90 per cent of Gaza’s 2.2 million inhabitants have been bombed into smaller pockets of land across the Palestinian territory.

Thousands who have resisted or simply got in the way have been detained incommunicado. Denied a lawyer or a fair trial, many have been subjected to torture and cruel and inhuman forms of treatment. In August 2024 alone, 52 detainees were killed in custody.

Kenyan domestic governance crises has pushed the violence in Gaza and the middle east from Kenya’s news headlines and this column for several months. The release of Amnesty International report “You Feel Like You Are Sub-Human” demands our attention and re-engagement. Researched over most of this year, the 296-page report concludes that a genocide has taken place in the Palestinian territory.

To establish the internationally recognised threshold of genocide has been reached, Amnesty examined whether Palestinians in Gaza constituted a national, ethnic, racial or religious group deserving of protection under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

Examining months of horrific evidence, researchers have found that Israel intentionally sought to kill, cause physical and mental harm and deliberately eliminate the Palestinians as a people. That the mass crimes have continued despite the International Court of Justice advisory opinion is even more outrageous. In July 2024, the ICJ concluded that Israel’s 57-year-old occupation and annexation of Palestinian territory was unlawful. Furthermore, ICJ called for withdrawal of all its military forces and removal of Israeli civilian settlements and settlers. Rather than comply, the Israel Defence Forces have entrenched their military presence in Gaza.

The report calls for command responsibility for individuals responsible for the genocide, opening of safe humanitarian corridors, a complete ceasefire by Israel, Hamas and Palestinian armed groups and an end to human rights violations. The report adds further pressure on the international community, including Kenya, to arrest Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant in line with the arrest warrants issued by the ICC on November 21, 2024.

Given several references to a human rights driven Foreign Ministry policy, the Kenya government must, in the light of this new report, review its staccato approach to the “Palestinian question.” The Kenya government must use its international influence to ensure Israel implements all provisional measures ordered by the ICJ since January 26, 2024.

It must also oppose current attempts to establish a permanent military presence and alter Palestine’s borders and population. Kenya must join other nations to demand Israel cooperates with UN and ICCC investigations and prosecutions that will follow from the determination that crimes against humanity have occurred. Predictably, the Israel state will go on a charm offensive in Africa. Let our “Tembea Kenya” hospitality not be extended until the world delivers justice and accountability for the genocide that has occurred.
While the arc of justice may take time to effect the charges of international crimes against humanity and genocide, it is important to remember, there is no statute of limitation for the investigation and prosecution of those suspected to be responsible for one of the worst episodes in a decade. Justice for Palestinian people and peace in the middle east, must prevail within our lifetime.

- [email protected]