BOYLE, Francis. US law professor condemns US & Zionists over Palestinian Genocide

Francis Boyle is a Professor of International Law at the University of Illinois College of Law, Illinois, USA and very active in the defence of human rights and International law. Professor Boyle is the author of Foundations of World Order, Duke University Press, The Criminality of Nuclear Deterrence, and Palestine, Palestinians and International Law, by Clarity Press. (see: http://en.wikipedia.org/wiki/Francis_Boyle ).

Francis Boyle on Palestinian Genocide (December 2000): “I would like to propose publicly here in Gaza, Palestine--where the Intifadah began ten years ago at this time--that the Provisional Government of the State of Palestine and its President institute legal proceedings against Israel before the International Court of Justice (ICJ) in The Hague (the so-called World Court) for violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. I am sure we can all agree that Israel has indeed perpetrated the international crime of genocide against the Palestinian People. The purpose of this lawsuit would be to demonstrate that undeniable fact to the entire world. These World Court legal proceedings will prove to the entire world and to all of history that what the Nazis did to the Jews a generation ago is legally similar to what the Israelis are currently doing to the Palestinian People today: genocide.” [1].  

Francis Boyle on Palestinian Genocide (January 2009): “The world has not yet heard even one word uttered by the United States and its NATO allies in favor of “humanitarian intervention” against Israel in order to protect the Palestinian people, let alone a “responsibility to protect” the Palestinians from Zionist/Israeli genocide. The United States, its NATO allies, and the Great Powers on the U.N. Security Council would not even dispatch a U.N. Charter Chapter 6 monitoring force to help protect the Palestinians, let alone even contemplate any type of U.N. Charter Chapter 7 enforcement actions against Israel – shudder the thought!. The doctrine of “humanitarian intervention” so readily espoused elsewhere when U.S. foreign policy goals are allegedly at stake has been clearly proved to be a joke and a fraud when it comes to stopping the ongoing and accelerating Israeli campaign of genocide against the Palestinian people.

Rather than rein in the Israelis—which would be possible just by turning off the funding pipeline—the United States government, the U.S. Congress, and U.S. taxpayers instead support the “Jewish” state to the tune of about 4 billion dollars per year, without whose munificence this instance of genocide – and indeed conceivably the State of Israel itself – would not be possible. What the world witnesses here is (yet another) case of “dishumanitarian intervention” or “humanitarian extermination” by the United States and Israel against the Palestinians and Palestine. In today’s world genocide pays so long as it is done at the behest of the United States and its de jure or de facto allies such as Israel.

Of course miracles can always happen. But I anticipate no fundamental change in America’s support for the Israeli campaign of genocide against the Palestinians during the tenure of the Obama/Clinton administration.”  [2]. 

Francis Boyle on Palestinian Genocide (January 2009): “Furthermore, the Nuremberg “crimes against humanity” are the historical and legal precursor to the international crime of genocide as defined by the 1948 Genocide Convention.   The theory here was that what Hitler and the Nazis did to the Jewish people was so horrific that it  required a special international treaty that would codify and universalize the Nuremberg concept of  “crimes against humanity.”  And that treaty ultimately became the 1948 Genocide Convention. 

            Article II of the Genocide Convention defines the international crime of genocide in relevant part as follows:

In the present Convention, 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:

(a)  Killing members of the group;

(b)  Causing serious bodily or mental harm to members of the group;

(c)  Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part

            As documented by Israeli historian Ilan Pappe in his seminal book The Ethnic Cleansing of Palestine (2006), Israel’s genocidal policy against the Palestinians has been unremitting, extending from before the very foundation of the State of Israel in 1948, and is ongoing and even intensifying against the 1.5 million Palestinians living in Gaza.  Zionism’s “final solution” to Israel’s much touted “demographic threat” allegedly posed by the very existence of the Palestinians has always been genocide.

            Certainly, Israel and its predecessors-in-law—the Zionist agencies, forces, and terrorist gangs—have committed genocide against the Palestinian people that actually started on or about 1948 and has continued apace until today in violation of Genocide Convention Articles II(a), (b), and (c).  For at least the past six decades, the Israeli government and its predecessors-in-law—the Zionist agencies, forces, and terrorist gangs—have ruthlessly implemented a systematic and comprehensive military, political, and economic campaign with the intent to destroy in substantial part the national, ethnical, racial, and different religious (Jews versus Muslims and Christians) group constituting the Palestinian people.  This Zionist/Israeli campaign has consisted of killing members of the Palestinian people in violation of Genocide Convention Article II(a).  This Zionist/Israeli campaign has also caused serious bodily and mental harm to the Palestinian people in violation of Genocide Convention Article II(b).  This Zionist/Israeli campaign has also deliberately inflicted on the Palestinian people conditions of life calculated to bring about their physical destruction in substantial part in violation of Article II(c) of the Genocide Convention.’ [3].

Professor Francis Boyle on US promotion of Israel’s Palestinian Genocide (December 2009): “As long ago as October 19, 2000, the then United Nations Human Rights Commission (now Council) condemned Israel for inflicting "war crimes" and "crimes against humanity" upon the Palestinian people, most of whom are Muslims. The reader has a general idea of what a war crime is, so I am not going to elaborate upon that term here. But there are different degrees of heinousness for war crimes. In particular are the more serious war crimes denominated "grave breaches" of the Fourth Geneva Convention. Since the outbreak of the first Intifada in 1987, the world has seen those heinous war crimes inflicted every day by Israel against the Palestinian people living in occupied Palestine: e.g., willful killing of Palestinian civilians by the Israeli army and by Israel's illegal paramilitary settlers. These Israeli "grave breaches" of the Fourth Geneva Convention mandate universal prosecution for the perpetrators and their commanders, whether military or civilian, including and especially Israel's political leaders… The paradigmatic example of "crimes against humanity" is what Hitler and the Nazis did to the Jewish people. This is where the concept of "crimes against humanity" came from. And this is what the U.N. Human Rights Commission determined that Israel is currently doing to the Palestinian people: crimes against humanity. Expressed in legal terms, this is just like what Hitler and the Nazis did to the Jews. That is the significance of the formal determination by the U.N. Human Rights Commission that Israel has inflicted "crimes against humanity" upon the Palestinian people. The Commission chose this well-known and long-standing legal term of art quite carefully and deliberately based upon the evidence it had compiled… As documented by Israeli historian Ilan Pappe in his seminal book The Ethnic Cleansing of Palestine (2006), Israel's genocidal policy against the Palestinians has been unremitting, extending from before the very foundation of the State of Israel in 1948, and is ongoing and even intensifying against the 1.5 million Palestinians living in Gaza. Zionism's "final solution" to Israel's much touted "demographic threat" allegedly posed by the very existence of the Palestinians has always been genocide… Rather than rein in the Israelis-which would be possible just by turning off the funding pipeline-the United States government, the U.S. Congress, and U.S. taxpayers instead support the "Jewish" state to the tune of about 4 billion dollars per year, without whose munificence this instance of genocide - and indeed conceivably the State of Israel itself - would not be possible. What the world witnesses here is (yet another) case of "dishumanitarian intervention" or "humanitarian extermination" by the United States and Israel against the Palestinians and Palestine. In today's world genocide pays so long as it is done at the behest of the United States and its de jure or de facto allies such as Israel. Of course miracles can always happen. But I anticipate no fundamental change in America's support for the Israeli campaign of genocide against the Palestinians during the tenure of the Obama/Clinton administration.“ [4].


Professor Francis Boyle in testimony to the Kuala Lumpur War Crimes Tribunal, Malaysia (2013): “The Palestinians have been the victims of genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. I say that because of my practical experience: On 8 April 1993 and 13 September 1993 I single-handedly won two World Court Orders on the basis of the 1948 Genocide Convention that were overwhelmingly in favor of the Republic of Bosnia and Herzegovina against Yugoslavia to cease and desist from committing all acts of genocide against the Bosnians in violation of the 1948 Genocide Convention. This was the first time ever that any Government had won two such Orders in one case since the World Court was founded in 1921. On 5August 1993 I also won a so-called Article 74(4) World Court Order for Bosnia against Yugoslavia for genocide. According to I.C.J. Statute Article 74(4), when the full World Court is not in session in The Hague, the President of the Court exercises the full powers of the Court and can issue an Order to the parties in a lawsuit that is legally binding upon them.

Article II of the Genocide Convention defines the international crime of genocide in relevant part as follows:

In the present Convention, 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:

(a)        Killing members of the group;

(b)        Causing serious bodily or mental harm to members of the group;

(c)        Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

As documented by Israeli historian Ilan Pappe in his seminal book The Ethnic Cleansing of Palestine (2006), Israel’s genocidal policy against the Palestinians has been unremitting, extending from before the very foundation of the State of Israel in 1948, and is ongoing and even now intensifying against the 1.75 million Palestinians living in Gaza as this Tribunal convenes here today. As Pappe’s analysis established, Zionism’s “final solution” to Israel’s much-touted and racist “demographic threat” allegedly posed by the very existence of the Palestinians has always been genocide, whether slow-motion or in blood-thirsty spurts of violence.  Indeed, the very essence of Zionism requires ethnic cleansing and acts of genocide against the Palestinians.  For example, concerning the 2008-2009 Israeli slaughter of Palestinians in Gaza – so-called Operation Cast-lead -- U.N. General Assembly President Miguel d’Escoto Brockmann, the former Foreign Minister of Nicaragua during the Reagan administration’s contra-terror war of aggression against that country which was condemned by the World Court, condemned it as “genocide”.” [5].

 

 

 

[1]. Francis Boyle, “Palestine should sue Israel for genocide before th e International Court of Justice”, Media Monitors Network,  2 December 2000: http://www.mediamonitors.net/francis1.html .

[2]. Francis Boyle, “US promotes Israeli genocide”, The Journal of Turkish Weekly,  10 January 2009: http://www.turkishweekly.net/news/63104/us-promotes-israeli-genocide.html .

[3]. Professor Francis A. Boyle, “The United States promotes Israeli genocide against Palestinians”, Information Clearing House,  12 January 2009: http://www.informationclearinghouse.info/article21722.htm .

[4]. Professor Francis A.. Boyle, “The US promotes Israeli Genocide. The United States Promotes Israeli Genocide Against the Palestinians”, Scoop, 29 December 2009: http://www.scoop.co.nz/stories/HL0912/S00249.htm .

[5]. Francis Boyle, “The Palestinian Genocide by Israel”, MWC News, 30 August 2013: http://www.mwcnews.net/focus/analysis/30445-palestinian-genocide.html .
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