{"id":279882,"date":"2024-11-11T12:01:48","date_gmt":"2024-11-11T12:01:48","guid":{"rendered":"https:\/\/www.transcend.org\/tms\/?p=279882"},"modified":"2024-11-06T07:27:42","modified_gmt":"2024-11-06T07:27:42","slug":"the-gaza-tribunal-law-conscience-and-compassion","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2024\/11\/the-gaza-tribunal-law-conscience-and-compassion\/","title":{"rendered":"The Gaza Tribunal: Law, Conscience, and Compassion"},"content":{"rendered":"

5 Nov 2024 – The Gaza Tribunal, of which I am president, had a successful launch meeting with many members of its Advisory Policy Council. As the article below \u00a0in the <\/em>Palestine Chronicle notes, the aim of the Tribunal is to legitimize and encourage civil society solidarity initiatives around the world such as BDS. It does make the underlying argument that when the intergovernmental structures of world order fail to implement the UN Charter and international law, then the peoples of the world have the responsibility and opportunity to do so. This is an appeal for citizen engagement on behalf of humanity, and in this instance, in support of the Palestinian struggle for basic needs. We seek and need the support of persons of conscience and concern everywhere!<\/em><\/p>\n

<\/strong><\/p>\n

***********************************<\/p><\/blockquote>\n

\u2018Court of Humanity and Conscience\u2019 \u2013 Gaza Tribunal Launched in London\u00a0<\/strong><\/p>\n

By\u00a0<\/strong><\/a>Palestine Chronicle Staff<\/a><\/strong>\u00a0 – 5 Nov 2024<\/p>\n

\u201cWhy establish a People\u2019s Tribunal despite the International Court of Justice\u2019s involvement? Because the international order has failed its duty\u2014the ICJ, even after defining Israel\u2019s actions as genocide, cannot enforce its rulings.\u201d<\/em><\/p>\n

A group of renowned intellectuals, jurists, artists, human rights advocates, and representatives from the media and civil society organizations gathered in London last week, to launch the Gaza Tribunal \u2013 an independent initiative serving as a \u201ccourt of humanity and conscience.\u201d<\/p>\n

\u201cGaza represents a breaking point in the historical journey of humanity, where a global system based on power, not justice, prevails,\u201d the Gaza Tribunal website\u00a0states<\/strong><\/a>. \u201cBased on this perspective, the need to address what is happening in Gaza through its historical, political, philosophical, and legal dimensions is becoming an urgent, necessary duty for humanity.\u201d<\/p>\n

Led by Richard Falk, a distinguished international law expert and former UN special rapporteur on the occupied Palestinian territories, the tribunal is taking an alternative route to international justice, aiming to spotlight voices from civil society in the examination of abuses following the conflict that escalated after the October 7 Resistance operation.<\/p>\n

Why the Need?<\/strong><\/p>\n

Despite the genocide case against Israel currently underway at the International Court of Justice (ICJ), the initiative is seen as a People\u2019s Tribunal.<\/p>\n

\u201cThe international order\u2019s failure in fulfilling its duty is exactly why a people\u2019s tribunal is needed. The International Court of Justice, despite designating Israel\u2019s current war as a genocide, is unable to enforce its rulings,\u201d the website states.<\/p>\n

The Gaza Tribunal, which convened for two days of initial preparatory meetings in London, brought together around 100 participants.<\/p>\n

Who is Involved?<\/strong><\/p>\n

Some who attended the London meeting include Ilan Pappe, Jeff Halper, Ussama Makdisi, Ayhan Citil, Cornel West, Avi Shlaim, Naomi Klein, Asl\u0131 Bali, Mahmood Mamdani, Craig Mokhiber, Hatem Bazian, Mehmet Karl\u0131, Sami Al-Arian, Frank Barat, Hassan Jabareen, Willy Mutunga, Victor Kattan, and Victoria Brittain.<\/p>\n

Among the participating organizations were Law for Palestine, the Palestinian Environmental NGOs Network, the Arab Network for Food Sovereignty (APN), Adalah, the Legal Center for Arab Minority Rights in Israel, Palestinian human rights organization Al-Haq, BADIL, Al-Mezan Center for Human Rights, the prisoner support and human rights group Addameer, and the Palestinian Center for Human Rights (PCHR).<\/p>\n

What are Its Objectives?<\/strong><\/p>\n

The Gaza Tribunal has two main objectives: one particular and one universal. The particular goal is to assist in bringing the tragic events to an end as soon as possible and to hold the perpetrators accountable in the public conscience.<\/p>\n

The universal aim is to issue a decision grounded in humanity\u2019s intellectual and moral values, one that can serve as a reference to prevent future atrocities worldwide.<\/p>\n

Dwelling on the multi-dimensional underpinnings of the fact that such grave events can, have, and still occur at this point in human history, the Tribunal aims to explain why humanity has been unable to put a stop to such atrocities\/how humanity can put a stop to such atrocities.<\/p>\n

According to the website, the Tribunal\u2019s \u201clegitimacy comes from addressing the long-standing wounds of the Palestinian issue, with a focus on the ongoing tragedy in Gaza.\u201d<\/p>\n

The Outcome<\/strong><\/p>\n

The comprehensive document to be created by the Tribunal after all these investigations and evaluations will fill a critical gap that the nations have realized and will serve as a guiding document for all the world\u2019s nations, states the website.<\/p>\n

How Tribunal Operates<\/strong><\/p>\n

According to its website, the Gaza Tribunal mainly consists of the Presidential\u00a0Committee<\/strong><\/a>, the Grand Chamber and 3 Specialized\u00a0Chambers<\/strong><\/a>\u00a0and six Administrative and Supportive\u00a0Units<\/strong><\/a>.<\/p>\n

Acting as a jury of conscience, the Grand Chamber of the Tribunal will consist of all committees\u2019 members and around ten invited people as well. Additionally, jurists, academicians, artists, and intellectuals who have been recognized but have not served on these chambers may also be included in the Public Session Members. The Public Sessions make decisions by a majority rule. Having each member\u2019s opinion be reflected in the decision is essential, and each member has the right to write positive, negative, or differing opinions to be appended to the decision.<\/p>\n

Each\u00a0chamber<\/strong><\/a>\u00a0will consist of five to six members. These members will be among the renowned people in their respective fields. The chambers will discuss and arrive at decisions within their specific areas of discussion, including International Law Chamber, International Relations and World Order Chamber and\u00a0 History, Ethics, and Philosophy Chamber.<\/p>\n

Given the Tribunal\u2019s purpose of drawing attention to the genocide happening in Gaza, the aim is to have the physical sessions of each chamber be broadcast live on such international media channels as TRT World, Associated Press and Al Jazeera.<\/p>\n

It will also be comprised of Administrative and Supportive Units.<\/p>\n

Administrative Units ensure the efficient and proper functioning of the Tribunal and provide the necessary conditions for fair decision-making. Supportive Units, created at the discretion of the Presidential Committee, facilitate steps that contribute to the achievement of the Tribunal\u2019s objectives.<\/p>\n

Inclusivity and Accessibility<\/strong><\/p>\n

In a statement, the tribunal emphasized its commitment to inclusivity and accessibility, inviting Palestinian civil society groups and individuals directly affected by the conflict to submit evidence and testimony, the Anadolu news agency reported.<\/p>\n

This body, organizers said, aimed to fill a gap by focusing on the human impact of Israel\u2019s policies and actions on Palestinian civilians.<\/p>\n

Beyond addressing recent events, the tribunal\u2019s legal framework will integrate themes of settler-colonialism and apartheid, contextualizing its findings within the decades-long Israeli-Palestinian conflict and historic events such as the 1948 Nakba and Israel\u2019s occupation of Palestinian territories post-1967.<\/p>\n

According to the organizers, the Gaza Tribunal \u201cderives its power and authority not from governments but from the people in general and Palestinians in particular, that uses the intellectual and conscientious accumulation of humanity, with which anyone with common sense can agree and that can produce judgments and documents to which one can refer regarding future problems.\u201d<\/p>\n

Second Phase<\/strong><\/p>\n

According to organizers, the Gaza Tribunal\u2019s second phase is scheduled for May 2025 in Sarajevo, Bosnia and Herzegovina, where prepared reports, witness statements, and draft declarations will be shared with the public.<\/p>\n

Representatives of affected communities and expert witnesses are expected to speak at the Sarajevo session.<\/p>\n

The tribunal\u2019s main hearing, a crucial part of the initiative, is planned for October 2025 in Istanbul, T\u00fcrkiye.<\/p>\n

In Istanbul, an expert panel will present a draft of the tribunal\u2019s findings and decisions, incorporating testimonies from witnesses and statements from Palestinian civilians and organizations affected by the crisis.<\/p>\n

Ongoing Genocide<\/strong><\/p>\n

Flouting a UN Security Council resolution demanding an immediate ceasefire, Israel has faced international condemnation amid its continued brutal offensive on Gaza.<\/p>\n

Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7.<\/p>\n

According to Gaza\u2019s Ministry of Health, 43,391 Palestinians have, to date, been killed, and 102,347 wounded.<\/p>\n

Moreover, at least 11,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip.<\/p>\n

Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by \u2018friendly fire\u2019.<\/p>\n

Millions Displaced<\/strong><\/p>\n

Palestinian and international organizations say that the majority of those killed and wounded are women and children.<\/p>\n

The Israeli war has resulted in an acute famine, mostly in northern Gaza, resulting in the death of many Palestinians, mostly children.<\/p>\n

The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt \u2013 in what has become Palestine\u2019s largest mass exodus since the 1948 Nakba.<\/p>\n

Later in the war, hundreds of thousands of Palestinians began moving from the south to central Gaza in a constant search for safety.<\/p>\n

__________________________________________<\/em><\/p>\n

\"\"<\/a>Prof. Richard Falk is a member of the <\/em>TRANSCEND Network<\/em><\/strong><\/a>, Albert G. Milbank Professor Emeritus of International Law at Princeton University, Chair of Global Law, Faculty of Law, at Queen Mary University London, Research Associate the Orfalea Center of Global Studies at the University of California, Santa Barbara, and Fellow of the Tellus Institute. He directed the project on Global Climate Change, Human Security, and Democracy at UCSB and formerly served as director the North American group in the World Order Models Project. Between 2008 and 2014, Falk served as UN Special Rapporteur on Human Rights in Occupied Palestine. His book,\u00a0<\/em>(Re)Imagining Humane Global Governance\u00a0(2014), proposes a value-oriented assessment of world order and future trends. His most recent books are\u00a0<\/em>Power Shift\u00a0(2016);\u00a0<\/em>Revisiting the Vietnam War\u00a0(2017);\u00a0<\/em>On Nuclear Weapons: Denuclearization, Demilitarization and Disarmament\u00a0(2019); and\u00a0<\/em>On Public Imagination: A Political & Ethical Imperative, ed. with Victor Faessel & Michael Curtin (2019).\u00a0He\u00a0is the author or coauthor of other books, including\u00a0<\/em>Religion and Humane Global Governance\u00a0(2001),\u00a0<\/em>Explorations at the Edge of Time\u00a0(1993),\u00a0<\/em>Revolutionaries and Functionaries\u00a0(1988),\u00a0<\/em>The Promise of World Order\u00a0(1988),\u00a0<\/em>Indefensible Weapons (with Robert Jay Lifton, 1983),\u00a0<\/em>A Study of Future Worlds\u00a0(1975), and\u00a0<\/em>This Endangered Planet\u00a0(1972).\u00a0His memoir,\u00a0<\/em>Public Intellectual: The Life of a Citizen Pilgrim\u00a0was published in March 2021 and received an award from Global Policy Institute at Loyala Marymount University as \u2018the best book of 2021.<\/strong>\u2019 He has been nominated frequently for the Nobel Peace Prize since 2009.<\/em><\/p>\n

Go to Original \u2013 richardfalk.org<\/a><\/p>\n

 <\/p>\n

Join the<\/em><\/strong> BDS-BOYCOTT, DIVESTMENT, SANCTIONS campaign<\/em><\/strong><\/span> to protest the Israeli barbaric siege of Gaza, illegal occupation of the Palestine nation\u2019s territory, the apartheid wall, its inhuman and degrading treatment of the Palestinian people, and the more than 7,000 Palestinian men, women, elderly and children arbitrarily locked up in Israeli prisons.<\/p>\n

 <\/p>\n

DON’T BUY<\/strong> PRODUCTS WHOSE<\/strong> BARCODE STARTS WITH<\/strong> 729<\/strong><\/span>, which indicates that it is produced in Israel. DO YOUR PART! MAKE A DIFFERENCE!<\/strong><\/span><\/p>\n

7 2 9: BOYCOTT FOR JUSTICE!<\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

5 Nov 2024 – The Gaza Tribunal, of which I am president, had a successful launch meeting with many members of its Advisory Policy Council. As the article below \u00a0in the Palestine Chronicle notes, the aim of the Tribunal is to legitimize and encourage civil society solidarity initiatives around the world such as BDS.<\/p>\n","protected":false},"author":4,"featured_media":81968,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[3287,1161,417,554,1854,101,100,87,865,1029,3339,487,742,88,2097,767,2571,427,818,880,99,413,539,124,70,965,481,1025,174,886],"class_list":["post-279882","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-transcend-members","tag-anti-zionism","tag-arms-industry","tag-bullying","tag-children","tag-crimes-against-humanity","tag-cultural-violence","tag-direct-violence","tag-gaza","tag-genocide","tag-hamas","tag-hezbollah","tag-human-rights","tag-iran","tag-israel","tag-lebanon","tag-middle-east","tag-official-lies-and-narratives","tag-palestine","tag-proxy-war","tag-state-terrorism","tag-structural-violence","tag-syria","tag-unicef","tag-united-nations","tag-usa","tag-war-crimes","tag-warfare","tag-west-bank","tag-yemen","tag-zionism"],"_links":{"self":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/279882","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/comments?post=279882"}],"version-history":[{"count":1,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/279882\/revisions"}],"predecessor-version":[{"id":279883,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/279882\/revisions\/279883"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media\/81968"}],"wp:attachment":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media?parent=279882"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/categories?post=279882"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/tags?post=279882"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}