The warning signs of genocide in Gaza had been there for all to see. But the lack of will on the part of UN members to implement 3246 not only let it happen but then failed to stop it even when its ferocity passed all comprehension.

When October 7 erupted the West attempted to airbrush the pre-existing conditions Israel had imposed on Gaza and pretended Hamas started the ‘war’. But 1,000 lawyers, scholars, and practitioners immediately sounded the alarm about “the possibility of the crime of genocide being perpetrated by Israeli forces against Palestinians in the Gaza Strip” and issued an open letter as early as 15 October.

For a start they reminded everyone that in 1982 the UN General Assembly condemned the massacre of Palestinian civilians in the Sabra and Shatila refugee camps as “an act of genocide”.

Pre-existing conditions in the Gaza Strip had prompted discussion on genocide before, with warnings given over the years that the siege of Gaza (from 2006 onwards) might amount to a “prelude to genocide” or a “slow-motion genocide”.

And since 2007, shortly after Hamas won the Palestinian elections, Israel had defined the Gaza Strip as an “enemy entity”.

Earlier in 2023 Israeli Minister of Finance Bezalel Smotrich called Palestinians “repugnant”, and “disgusting” and proposed “wiping out” the entire Palestinian village of Huwwara in the West Bank.

Here’s a timely reminder of what else the open letter said.

• In the short space of time between 7 October and 15 October (when the open letter was written), 2,329 Palestinians were killed and 9,042 Palestinians injured in Israeli attacks on Gaza, including over 724 children, huge swathes of neighborhoods, and entire families across Gaza were obliterated.

• Israel’s Defence Minister ordered a “complete siege” of the Gaza Strip prohibiting the supply of fuel, electricity, water, and other necessities. This intensifies an already illegal and potentially genocidal siege turning it into an outright destructive assault.

• The ICRC (International Committee of the Red Cross) stated that orders to evacuate, coupled with the complete siege, are incompatible with international humanitarian law. Almost half a million Palestinians have already been displaced and Israeli forces have bombed the only possible exit route that Israel does not control (the Rafah crossing to Egypt) multiple times.

• The World Health Organisation published a warning that “forcing more than 2000 patients to relocate to southern Gaza, where health facilities are already running at maximum capacity and unable to absorb a dramatic rise in the number of patients, could be tantamount to a death sentence”.

• In the occupied West Bank and Jerusalem, since 7 October, Israeli settlers backed by the IDF and police, have attacked and shot Palestinian civilians at point-blank range (as documented in the villages of a-Tuwani and Qusra), invaded their homes, and assaulted residents. Several Palestinian communities have already been forced to abandon their homes, after which settlers arrived and destroyed their property.

• Between 7 and 15 October, Al-Haq documented the killing by the Israeli military and settlers of 55 Palestinians in the West Bank with 1,200 injured there.

• Israeli Defense Minister Yoav Gallant declared on 9 October: “We are fighting human animals and we act accordingly”, and afterward announced that Israel was moving to “a full-scale response” and he had “removed every restriction” on Israeli forces, also stating: “Gaza won’t return to what it was before. We will eliminate everything.”

• On 10 October, the head of the Israeli Army’s Coordinator of Government Activities in the Territories (COGAT), Maj. Gen. Ghassan Alian, addressed a message directly to Gaza residents: “Human animals must be treated as such. There will be no electricity and no water, there will only be destruction. You wanted hell, you will get hell”.

• Israeli army spokesperson Daniel Hagari acknowledged the wanton and intentionally destructive nature of Israel’s bombing campaign in Gaza: “The emphasis is on damage and not on accuracy.”

• On 7 October, Prime Minister Benjamin Netanyahu said that Gazans would pay an “immense price” for the actions of Hamas fighters and asserted that Israel will wage a prolonged offensive that will turn parts of Gaza’s densely populated urban centers “into rubble”.

• Israel’s President emphasized that the Israeli authorities view the entire Palestinian population of Gaza as responsible for the actions of militant groups, and subject accordingly to collective punishment and unrestricted use of force: “It is an entire nation out there that is responsible.”

• Israeli Minister of Energy and Infrastructure Israel Katz added: “All the civilian population in Gaza is ordered to leave immediately. We will win. They will not receive a drop of water or a single battery until they leave the world.”

• On 12 October UN Special Rapporteurs condemned “Israel’s indiscriminate military attacks against the already exhausted Palestinian people of Gaza, comprising over 2.3 million people, nearly half of whom are children. They have lived under unlawful blockade for 16 years, and already gone through five major brutal wars, which remain unaccounted for”.

• UN experts warned against “the withholding of essential supplies such as food, water, electricity and medicines. Such actions will precipitate a severe humanitarian crisis in Gaza, where its population is now at an inescapable risk of starvation. Intentional starvation is a crime against humanity”.

• On 14 October the UN Special Rapporteur, on the situation of human rights in the occupied Palestinian territory, warned against “a repeat of the 1948 Nakba, and the 1967 Naksa, yet on a larger scale” as Israel is carrying out “mass ethnic cleansing of Palestinians under the fog of war”.

• The Palestinian population of Gaza appears to be presently subjected by the Israeli forces and authorities to widespread killing, bodily and mental harm, and unviable conditions of life – against a backdrop of Israeli statements that evidence signs of intent to physically destroy the population.

• Article II of the Genocide Convention provides that “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as # 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.”

• The Convention provides that individuals who attempt genocide or who incite genocide “shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals”.

• The International Court of Justice has clarified that “a State’s obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed. From that moment onwards, if the State has available means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harboring specific intent (dolus specialist), it is under a duty to make such use of these means as the circumstances permit”. (The many means available to the British Government include sanctions – readily applied to other delinquent nations – and withdrawal of favored-nation privileges, trade deals, and scientific collaboration).

• Competent elements of the United Nations, particularly the UN General Assembly, are required to take urgent action under the Charter of the United Nations appropriate for the prevention and suppression of acts of genocide. Emphasis is on the General Assembly given that the Security Council is compromised by the US and UK (both permanent veto-holding members) sending military forces to the eastern Mediterranean in support of Israel.

• All relevant UN bodies, including the Office on Genocide Prevention and the Responsibility to Protect, as well as the Office of the Prosecutor of the International Criminal Court, are called on to immediately intervene, carry out necessary investigations, and invoke the necessary warning procedures to protect the Palestinian population from genocide.

Chock-full of hate

All this was quickly followed by the UK Lawyers’ Open Letter Concerning Gaza of 26 October 2023, which contained important warnings regarding international law — for example:

⦁ The UK is duty-bound to “respect and ensure respect” for international humanitarian law as set out in the Four Geneva Conventions in all circumstances (1949 Geneva Conventions, Common Art 1). That means the UK must not itself assist violations by others.

⦁ The UK Government must immediately halt the export of weapons from the UK to Israel, given the clear risk that they might be used in serious violations of international humanitarian law and in breach of the UK’s domestic Strategic Export Licensing Criteria, including its obligations under the Arms Trade Treaty.

So, within 3 weeks it was clear to everyone paying attention that the Israeli leadership, chock-full of hate, were set on a course of vicious and brutal genocide. Yet the following month John Kirby, the White House National Security Communications Advisor, dismissed claims that Israel was committing genocide and told everybody that “Israel is not trying to wipe the Palestinian people off the map. Israel is not trying to wipe Gaza off the map. Israel is trying to defend itself against a genocidal terrorist threat. So if we’re going to start using that word, fine. Let’s use it appropriately.”

Yes, and let’s use the term “right of self-defence” appropriately. In Gaza and the West Bank it only applies to the Palestinian resistance, not the belligerent illegal occupier.

Incredibly, we’re now entering the 9th month of the genocide in Gaza and it has gone from bad to much, much worse. And there is still no let-up. People worldwide have been watching day after day mainstream and alternative media reports, seeing for themselves the horrors endured even by children, and aghast at the wholesale and wanton destruction of the Palestinians’ homeland. They cannot believe how depraved, immoral and spineless the international community has become, and how paralysed the UN in allowing the slaughter to continue. They are especially sickened by the conduct of the so-called ‘major powers’ and by the lunatic Netanyahu whom their own politicians call ‘friend and ally’ who thinks he can still dictate what happens in Gaza after he eventually condescends to end the butchery.

If he thinks Israel can now grab Gaza by conquest he may be disappointed. Article 2(4) of the UN Charter expressly prohibits aggressive war and Article 5(3) of General Assembly Resolution 3314 (XXIX) of 1975 (which includes the definition of Acts of Aggression) nullifies any legal title acquired in this way. And 5(3) says “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations“.

In carrying through its genocidal assault on Gaza’s civilians and their homes, infrastructure and livelihoods Israel cannot possibly claim to abide by international law or honour their obligations under the Charter. And by encouraging Israel — and supplying the weaponry — neither can the US and UK.

And now we have Biden, Israel’s loony protector, setting ‘red lines’ which Israel must not cross while merrily carrying on with their genocide. But they are so elastic that, with US permission, the hateful maniacs can almost do as they please to satisfy their genocidal lust. Biden arrogantly overrules the red lines on war crimes and crimes against humanity that are already set out by international law.

This content originally appeared on Dissident Voice and was authored by Stuart Littlewood.

German media scholar Hektor Haarkötter, who partners with Project Censored for his work with the News Enlightenment Initiative, was recently in the US speaking on an international roundtable at a critical communication conference and said he was stunned by the coverage: “When I saw the images of such violence repeated many times, on rotation, I was shocked. This would not be considered news in Germany. It would have been seen as little more than sensationalism.”

On October 7, the AP reported that US President Joe Biden told Israeli Prime Minister Benjamin Netanyahu that the United States “stands with the people of Israel in the face of these terrorist assaults. Israel has the right to defend itself and its people, full stop.” On October 9, The Times of Israel quoted Defense Minister Yoav Gallant saying, “We are fighting human animals, and we are acting accordingly.” Maj. Gen. Ghassan Alian directed his threat at all Gazans on October 10, declaring, “Kidnapping, abusing and murdering children, women and elderly people is not human.” He then announced, “There will be no electricity and no water. There will only be destruction. You wanted hell; you will get hell.”

In a piece published on October 8 titled “Media Calls The Attack On Israel Unprovoked: Experts Say That’s Historically Inaccurate,” the Huffington Post pointed to the Israeli government’s “apartheid against Palestinians” as a provocation. It quoted IfNotNow, an American Jewish group that opposes Israeli apartheid, expressing their dread for the loss of life and loved ones, Israelis and Palestinians alike. It continued, “Every day under Israel’s system of apartheid is a provocation. The strangling siege on Gaza is a provocation. Settlers terrorizing entire Palestinian villages, soldiers raiding and demolishing Palestinian homes, murdering Palestinians in the streets, Israeli ministers calling for genocide and expulsion” are all provocations.

Indeed, multiple international human rights groups have defined the long-term Israeli occupation of Palestinian lands as a system of apartheid. The death toll on each side exposes the false assertion that Israeli violence is always retaliatory and that of Palestinians is “unprecedented.” The UNOCHA documents 6,407 Palestinian deaths since 2008, compared to 308 Israeli fatalities. Gregory Shupak reported that since 2001, more than ten thousand Palestinians have been killed by Israeli forces, with “nearly 9 out of 10 deaths this century have been on the Palestinian side.” In addition, the Israelis have made daily life in Gaza miserable. As UK journalist Jonathan Cook wrote, “[Gaza’s] inhabitants—one million of them children—are denied the most basic freedoms, such as the right to movement; access to proper health care, drinkable water, and the use of electricity because Israel keeps bombing Gaza’s power station.” But voices such as Shupak and Cook are virtually absent from US establishment news coverage of the violence.

The Hamas attacks were taken out of the context of ongoing violence, presented without cause, and in narratives that see only Hamas violence but have rarely featured or condemned equivalent Israeli violence against Palestinians. Establishment media’s one-sided pro-Israel coverage, established over many years, fed into the growing consensus that a major retaliation by Israelis would be forthcoming. Early corporate news reporting seemed to confirm its inevitability, with almost no voices of reason or caution allowed to enter the militarized revenge frame coalescing around a major attack.

The verbiage used by the New York Times on the Tribe of Nova music festival also illustrates Big Journalism’s sensationalized, inaccurate reporting. The Times wrote that the “massacre of its youth” and Israel’s “75-year-old quest for some carefree normalcy” met the “murderous fury of those long-oppressed Palestinians who deny the state’s right to exist.” The language of the Times’ report—using “murderous” and denial of Israel’s “right to exist,” with “long-oppressed Palestinians”—makes a mockery of what Gazans have experienced. Additionally, it is not true that Palestinians deny Israel’s right to exist. A quick look at the US State Department’s summation of the 1993 Oslo Accords states that the Palestinian Authority “renounced terrorism and recognized Israel’s right to exist in peace” and Israel accepted the PLO as the representative of the Palestinians,” concessions that undergirded the two-state solution between Israel and Palestine. But Rashid Khalidi has called out the “empty words about a two-state solution while providing money, weapons and diplomatic support for systematic, calculated Israeli actions that have made that solution inconceivable.”

Most important among the systemic violence against Palestinians is the growing weaponization of Israeli settlers. As Israel was dropping bombs on Gaza, Common Dreams reported that the California-based Institute for Middle East Understanding (IMEU) accused Israel’s far-right National Security Minister, Itamar Ben-Gvir, of enabling settler attacks by handing out thousands of military assault rifles to settlement residents. “The extremist settlers Israel is arming have spent years attacking Palestinian cities in lynch mobs, with full backing from the Israeli government.” IMEU continued, “This year alone, they have killed Palestinian civilians and set fire to cars and homes with families inside.” Such stories are virtually absent from establishment media.

Gregory Shupak examined the editorial pages of major US newspapers from October 7 to 9, concluding that none of them provided readers with “information necessary to comprehend what is happening and why, and they consistently mislead readers about key facts.” Some papers were openly ravenous in their demonization of Palestinians. For example, the Wall Street Journal ran an op-ed titled “The Moral Duty to Destroy Hamas,” telling its readers that “Israel is entitled to do whatever it takes to uproot this evil, depraved culture that resides next to it.” Calling for the destruction of Hamas and extending the call to exterminate the “culture” is a call for genocide. It mirrored and promoted Israeli announcements that they would turn Gaza into “hell,” “rubble,” and a “city of tents.”

Ironically, on October 8, the Israeli newspaper Ha’aretz offered more explanation and context than most US papers when it criticized Prime Minister Benjamin Netanyahu’s attempts to “annex the West Bank” and “to carry out ethnic cleansing in…the Hebron Hills and the Jordan Valley.” It pointed to the massive expansion of settlements and increasing Jewish presence on Temple Mount, near Al Aqsa Mosque. In April 2022, Mondoweiss reported that the Israeli military attacked Palestinians on their way to pray at the Al Aqsa Mosque seven times in eight days, injuring dozens of worshipers and arresting hundreds of Palestinians. Israeli forces used remote-controlled drones to drop teargas inside the mosque. Meanwhile, Israel facilitated the entrance of thousands of Jewish settlers for the Passover holiday.

War Propaganda: Babies were Decapitated and Women were Raped

Sensationalized repetition and media saturation of decontextualized Hamas violence quickly evolved into full-blown atrocity propaganda with horror stories claiming that Hamas had slit the throats of forty Israeli babies, decapitating many of them. Visceral baby slaughter is classic war propaganda, first used in World War I with false claims that German soldiers joyfully bayonetted babies. Similar stories convinced skeptical Americans to support the First Persian Gulf War, with the fake news story about Iraqi soldiers tossing over three hundred Kuwaiti babies out of their incubators. Roundly debunked after the war, journalists published the story uncritically, just as they eagerly circulated the unverified decapitation story.

Alan MacLeod investigated the story that Hamas had slaughtered Israeli babies, finding that it came from an anonymous Israeli military source and was originally reported by Israeli i24 News. Without verification, Fox News, CNN, MSN, Insider, and the New York Post picked up and repeated the incendiary propaganda in the US. The UK’s largest newspapers screamed outrage as the salacious story was flung across the front pages of the Times of London, the Independent, the Financial Times, and the Scotsman (as documented by Mint Press News).

The key source for the false claim was an Israeli soldier, David Ben Zion, a fanatical settler who has incited riots against Palestinians, describing them as “animals” who need to be “wiped out.”

Another propaganda trope circulated to justify war is the rape of women, made more devious by its actual use as a military strategy. The Intercept noted that unverified claims that Hamas was raping women had gone viral online, and President Biden claimed that women were “raped, assaulted, paraded as trophies.” Caitlin Johnstone noted, “We’re seeing claims about mass rapes being uncritically pushed by the mass media, only to see them retracted as unverified after the narrative has taken hold.” Any legitimate journalist should recognize such war tropes, and if not, should at least track the stories’ origins and refrain from publication until those sources are verified. President Biden was forced to walk back his lie about seeing “confirmed pictures of terrorist beheading children,” while talking to leaders of US Jewish organizations at the White House.

What was the purpose of perpetrating such lurid fake news, the stuff of visceral propaganda? The Hamas attacks that killed civilians were met with outrage and widely condemned, even by those who advocate for Palestinian rights, express criticism of the “unprovoked” news frame, or have criticized Israel’s growing violence and worked to create humanitarian spaces amidst the cruelty. Certainly, the attacks alone could be considered justifications for Israeli retaliation. But as Caitlin Johnstone argued, that was not enough. Israel’s response was about to dwarf the initial Hamas offensive. Israel and its allies needed to frame the attack in “the most shocking and rage-inducing discourse in order to make Israel’s ongoing murder of civilians in Gaza look appropriate.”

War Crimes and Wiping Out Gaza

Writing for Declassified UK, Jonathan Cook detailed how Israel’s retaliatory attacks on Gaza violated numerous international laws and the Geneva Convention, pointing out that the Israel Defense Forces (IDF) were committing war crimes. “One of the fundamentals of international law—at the heart of the Geneva Conventions—is a prohibition on collective punishment: that is, retaliating against the enemy’s civilian population, making them pay the price for the acts of their leaders and armies.” He continued, “What Israel is doing to Gaza is the very definition of collective punishment.”

Two days earlier on October 11, US Secretary of State Anthony Blinken spread what can only be called “fake news” on Sky News when he claimed, “What separates Israel, the US and other democracies…is our respect for international law and the laws of war.” By October 14, Al Jazeera reported that in the first seven days of the conflict, an estimated one million Gazans had been displaced, according to the UN, and aid groups said the situation in the besieged enclave was “catastrophic,” as fourteen Palestinians were being killed every hour. Israel had dropped the equivalent of “a quarter of a nuclear bomb on Gaza,” according to the Geneva-based Euro-Med Human Rights Monitor. And by October 16, Euro-Med posted, “The Stench of Death Looms Everywhere in #Gaza, Immediate Halt to the Killing of Civilians Required.”

The saturation bombing of Gaza, where entire apartment buildings filled with residents are destroyed, taking out entire families, amounts to horrific collective killings. Israelis are committing numerous violations of international law, as hospitals are on the verge of collapse, and food, water, and electricity are blocked along with humanitarian aid to Gaza. An Israeli air strike targeted a convoy, killing seventy-three Palestinians and injuring 130 others as they attempted to move south. Euro-Med Monitor condemned the deliberate targeting of civilians being forcibly displaced after Israel’s orders to leave. It was an open practice of forced transfer (transference) outside international law and a “blatant violation of Article 49 of the Fourth Geneva Convention.” NBC News reported the airstrike on the convoy but failed to report it as a war crime. A PBS news brief softened the blow with a baseless speculation that it was not clear “whether militants were among the passengers.”

Just as President Biden left for Israel, a bomb hit the Al-Ahli Arab Hospital in Gaza, killing five hundred people, including patients and doctors: a war crime. Israel claimed that Hamas or Islamic Jihad was responsible for the precision strike and huge explosion. From the AP to the New York Times, establishment media framed the story as a dispute between Hamas and the IDF or as an exchange of air strikes between them. Jonathan Cook called it Western propaganda, saying, “If Hamas or Islamic Jihad could cause the kind of damage that happened last night, you would hear about it happening in Tel Aviv or Ashkelon too. You don’t, because they can’t.” Caitlin Johnstone included the text of a phone conversation presented by Israel and also argued the unlikely veracity of the evidence. Using altered or invented audio and video, Israel has succeeded in the past in delaying and planting doubt about their role in such violence, at least long enough to allow the story to do its damage. For example, an altered video was used to “prove” that an Israeli sniper did not assassinate Al Jazeera journalist Shireen Abu Akleh or the unprovoked Israeli violence perpetrated at her funeral. It took time for the dozens of investigations to counter the gaslighting, and the delay facilitated President Biden’s failure to hold the Israeli military accountable. For the time being, once again, the denial allowed Biden to re-confirm US support for Israel, this time allowing Israel to carry on with the massacre of Palestinians in Gaza.

Choosing Humanity Over Killing and Destruction

While condemning the Hamas attacks as a crime against humanity, the Center for Constitutional Rights also stated, “It is our commitment to human dignity and the preciousness of life that has long led our organization to stand with Palestinians as they resist Israeli colonization, occupation, and apartheid.” The Center’s statement expressed grief for “the many Israeli civilians killed in the assault on their communities on October 7,” while also decrying “Israel’s slaughter in Gaza, which is in danger of becoming a genocide.”

Common Dreams reported on protests calling for a ceasefire and an end to the genocide in Gaza, organized by IfNotNow and Jewish Voices for Peace. IfNotNow has stated, “We absolutely condemn the killing of innocent civilians and mourn the loss of Palestinian and Israeli life, with numbers rising by the minute. Their blood is on the hands of the Israeli government, the US government which funds and excuses their recklessness, and every international leader who continues to turn a blind eye to decades of Palestinian oppression, endangering both Palestinians and Israelis.”

US establishment media should consider these humanitarian narratives, in contrast to their standard militarized revenge frames, which only fan the flames of genocide that imperil the Palestinian people.

This content originally appeared on Dissident Voice and was authored by Robin Andersen.