Operation Find Them All: Cellebrite Unites Philanthropic Pioneers to Accelerate Investigations of Crimes Against Children

TYSONS CORNER, Va. and PETAH TIKVA, Israel, Jan. 12, 2024 (GLOBE NEWSWIRE) —  Cellebrite DI Ltd. (Nasdaq: CLBT), a global leader in premier Digital Investigative solutions for the public and private sectors, is honored to announce a powerful collaboration aimed at reducing crimes against children and online child exploitation.

This new campaign titled Operation Find Them All (OFTA) brings the National Center of Missing and Exploited Children, The Exodus Road, Raven and Cellebrite together for the first time under a collective goal to accelerate investigations of online crimes against children and in doing so, help law enforcement find missing children, solve crimes involving exploited minors, remove harmful online images and bring perpetrators to justice.

In addition to a financial investment to all three organizations, Cellebrite is providing NCMEC and The Exodus Road with in–kind use of its preeminent technology—namely Pathfinder, an AI–based Investigative Analytics solution, and Smart Search, a cloud–based OSINT tool for investigators—to help these organizations in their efforts to dismantle child exploitation and child sex trafficking rings by accelerating the time it takes for law enforcement to investigate persons and organizations of interest, analyze evidence, gather insights, develop and advance leads and rescue innocent survivors.

“'Operation Find Them All' has the potential to aggressively accelerate the focus and efforts of all the 'good guys' in law enforcement working day and night to find missing children,” says NCMEC co–founder and longtime child advocate, John Walsh. “I'm deeply thankful Cellebrite is so committed and recognizes the pivotal role it plays in protecting children. Together, we can ensure that every child has a safe childhood, and that justice prevails.”

“The dangers of digital darkness demand our immediate attention and action,” said Yossi Carmil, Cellebrite’s CEO. “At Cellebrite, we are committed to working in unison with these heroic organizations and global law enforcement to help protect children around the world from online sexual exploitation. That’s why we’re dedicating Cellebrite’s resources and capabilities to finding these innocent children.”

Law enforcement at federal, state and local agencies are buried in a chilling amount of child sexual abuse material (CSAM) cases. In 2022 alone, the FBI reported 359,094 cases of missing children and NCMEC’s CyberTipline received over 32 million reports of suspected child sexual exploitation. Today’s law enforcement professionals are under–resourced and overwhelmed due to the scale and complexity of these investigations. Cellebrite’s end–to–end portfolio will better equip law enforcement and these strategic partners with the most advanced digital investigative capabilities, innovative tools and comprehensive training to confront this crisis head–on.

“Since 2012, The Exodus Road has helped to free nearly 2,500 survivors, arrest more than 1,200 perpetrators and train over 25,000 law enforcement officers and civilians to respond to human trafficking crime. Cellebrite’s digital investigative technology and support are paramount in accelerating our work to liberate those being exploited around the world,” said Matt Parker, Chief Strategist and Co–Founder of Exodus Road.

“We must recognize that the advances in ICAC require not just technology and dedication but also a firm foundation of legislative change and heightened awareness,” said John Pizzurro, Raven CEO. “Only then can we ensure the structures and governance are in place to fully resource law enforcement and to protect our children from the relentless threats they face in the digital age. That’s why we stand in solidarity with Cellebrite and support the crucial goal of this operation to find them all.”

To learn more about Operation Find Them All, go to www.OFTA.Cellebrite.com.

About Cellebrite

Cellebrite’s (Nasdaq: CLBT) mission is to enable its customers to protect and save lives, accelerate justice and preserve privacy in communities around the world. We are a global leader in Digital Investigative solutions for the public and private sectors, empowering organizations in mastering the complexities of legally sanctioned digital investigations by streamlining intelligence processes. Trusted by thousands of leading agencies and companies worldwide, Cellebrite’s Digital Investigation platform and solutions transform how customers collect, review, analyze and manage data in legally sanctioned investigations. To learn more visit us at www.cellebrite.com, https://investors.cellebrite.com, or follow us on Twitter at @Cellebrite.

Media
Victor Cooper
Sr. Director of Corporate Communications + Content Operations
Victor.cooper@cellebrite.com
+1 404.804.5910

Investor Relations
Andrew Kramer
Vice President, Investor Relations
investors@cellebrite.com
+1 973.206.7760

About the National Center for Missing and Exploited Children

The National Center for Missing & Exploited Children is a private, non–profit 501(c)(3) corporation whose mission is to help find missing children, reduce child sexual exploitation, and prevent child victimization. NCMEC works with families, victims, private industry, law enforcement, and the public to assist with preventing child abductions, recovering missing children, and providing services to deter and combat child sexual exploitation.

About The Exodus Road

The Exodus Road is a global nonprofit disrupting the darkness of modern–day slavery by partnering with law enforcement to fight human–trafficking crime, equipping communities to protect the vulnerable and empowering survivors as they walk into freedom. Working side–by–side with local staff, NGO partners and law enforcement around the world, The Exodus Road fights to liberate trafficked individuals, arrest traffickers, and provide restorative care for survivors. For additional information on what you can do to help stop trafficking, please visit The Exodus Road’s website at https://theexodusroad.com/, or on Facebook, Instagram, Twitter and YouTube.

About Raven

A 501(c)4 political lobby, Raven protects children from victimization by raising awareness of the threat of online child exploitation, increasing resources and funding to law enforcement, and lobbying for policy changes on the local and federal level.


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Bangladesh: Election with a Foregone Conclusion

Credit: Munir Uz Zaman/AFP via Getty Images

By Andrew Firmin
LONDON, Jan 12 2024 – Bangladesh just held an election. But it was far from an exercise in democracy.

Sheikh Hasina won her fourth consecutive term, and fifth overall, as prime minister in the general election held on 7 January. The result was never in doubt, with the main opposition party, the Bangladesh National Party (BNP), boycotting the vote over the ruling Awami League’s refusal to let a caretaker government oversee the election. This practice, abolished by the Awami League government in 2011, was, the BNP asserted, the only way to ensure a free and fair vote.

The BNP’s boycott was far from the only issue. A blatant campaign of pre-election intimidation saw government critics, activists and protesters subjected to threats, violence and arrests.

At the government’s urging, court cases against opposition members were accelerated so they’d be locked away before the election, resulting in a reported 800-plus convictions between September and December 2023. It’s alleged that torture and ill-treatment were used against opposition activists to force confessions. There have been reports of deaths in police custody.

Police banned protests, and when a rare mass opposition protest went ahead on 28 October police used rubber bullets, teargas and stun grenades. Following the protest, thousands more opposition supporters were detained on fabricated charges. As well as violence from the notorious Rapid Action Battalion (RAB) – an elite unit notorious for excessive and lethal force – and other elements of the police force, opposition supporters faced attacks by Awami League supporters. Journalists have also been smeared, attacked and harassed, including when covering protests.

As a direct result of the ruling party’s pre-election crackdown, in December 2023 Bangladesh’s civic space rating was downgraded to closed by the CIVICUS Monitor, the collaborative research project that tracks the health of civic space in every country. This places Bangladesh among the world’s worst human rights offenders, including China, Iran and Russia.

Civil society’s concerns were echoed in November 2023 by UN human rights experts who expressed alarm at political violence, arrests, mass detention, judicial harassment, excessive force and internet restrictions.

All-out assault

Such is the severity of the closure of Bangladesh’s civic space that many of the strongest dissenting voices now come from those in exile. But even speaking out from outside Bangladesh doesn’t ensure safety. As a way of putting pressure on exiled activists, the authorities are harassing their families.

Activists aren’t safe even at the UN. A civil society discussion in the wings of the UN Human Rights Council in November was disrupted by government supporters, with Adilur Rahman Khan, a leader of the Bangladeshi human rights organisation Odhikar, subjected to verbal attacks.

Khan is currently on bail while appealing against a two-year jail sentence imposed on him and another Odhikar leader in retaliation for their work to document extrajudicial killings. Following the session in Geneva, Khan was further vilified in online news sites and accused of presenting false information.

Others are coming under attack. Hasina and her government have made much of their economic record, with Bangladesh now one of the world’s biggest garment producers. But that success is largely based on low wages. Like many countries, Bangladesh is currently experiencing high inflation, and garment workers’ recent efforts to improve their situation have been met with repression.

Workers protested in October and November 2023 after a government-appointed panel raised the minimum wage for garment sector workers to a far lower level than they’d demanded. Up to 25,000 people took part in protests, forcing at least 100 factories to close. They were met with police violence. At least two people were killed and many more were injured.

Seemingly no one is safe. Nobel laureate Muhammad Yunus, who founded the Grameen Bank that has enabled millions to access small loans, was recently convicted of labour law offences in a trial his supporters denounced as politically motivated. Yunus has long been a target for criticism and threats from the ruling party.

Democracy in name only

The quality of Bangladesh’s elections has dramatically declined since the Awami League returned to power in the last reasonably free and fair election in 2008. Each election since has been characterised by serious irregularities and pre-voting crackdowns as the incumbents have done everything they could to hold onto power.

But this time, while the Awami League victory was as huge as ever, turnout was down. It was almost half its 2018 level, at only 41.8 per cent, and even that figure may be inflated. The lack of participation reflected a widespread understanding that the Awami League’s victory was a foregone conclusion: many Awami League supporters didn’t feel they needed to vote, and many opposition backers had no one to vote for.

People knew that many supposedly independent candidates were in reality Awami League supporters running as a pseudo-opposition to offer some appearance of electoral competition. The party that came second is also allied with the ruling party. All electoral credibility and legitimacy are now strained past breaking point.

The government has faced predictably no pressure to abide by democratic rules from key allies such as China and India, although the once-supportive US government has shifted its position in recent years, imposing sanctions on some RAB leaders and threatening to withhold visas for Bangladeshis deemed to have undermined the electoral process.

If the economic situation deteriorates further, discontent is sure to grow, and with other spaces blocked, protests and their violent repression will surely follow. International partners must urge the Bangladeshi government to find a way to avoid this. More violence and intensifying authoritarianism can’t be the way forward. Instead Bangladesh should be urged to start the journey back towards democracy.

Andrew Firmin CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

 


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Advanced Economies Must Let the IMF Play a Productive Role on Climate

Surviving the flood at Ahoada in Rivers state Nigeria. Credit: Wikicommons

By Omer Javed and Dan Beeton
WASHINGTON DC, Jan 12 2024 – The world faces the existential threat of a climate change crisis, and it is becoming increasingly clear that the outcome of the latest UN climate summit, COP28 — hosted as it was by the CEO of one of the world’s largest oil companies, and filled with a record number of fossil fuel lobbyists — is not going to do much to change that.

Even calls to “phase-out” fossil fuels were met with foot-dragging from the COP28 president and Saudi Arabian delegates. Meanwhile, highlighting the gravity of the challenge at hand, the World Meteorological Organization (WMO) pointed out that the last decade (2011–2020) was the warmest on record. Along with the COVID pandemic, this likely contributed to an increase in absolute poverty over the same period.

A key question that COP28 was supposed to tackle is how low- and middle-income countries will be able to pay for climate crisis response and adaptation. The International Monetary Fund (IMF) has been thrust into a key role in this regard, but it should not escape criticism for its own climate hypocrisy.

For the Fund to truly begin to join the fight against the climate crisis, it must first end its pointless, unfair, and damaging surcharge policy. The Biden administration could ensure that the Fund instead plays a crucial role in responding to climate challenges by supporting a major new issuance of IMF reserve assets.

Currently, the IMF’s solution is to offer more debt to already severely debt-burdened countries. An October paper from the United Nations Development Programme Global Policy Network noted: “At least 54 developing economies are suffering from severe debt problems,” of which 28 are among “the world’s top-50 most climate vulnerable countries.”

And more than 70 percent of climate finance for these countries has been in the form of loans, as a recent letter from 141 civil society groups points out.

Moreover, a Development Finance International-led report notes the lopsided spending priorities being forced on developing countries, many of which are highly vulnerable to climate change. Among these, “debt service is 12.5 times higher than the amount spent on climate adaptation,” a number projected to “rise to 13.2 times” in the next year.

Contributions to the “loss and damage” climate fund have also been far from satisfactory. Reports note that the US, the EU, and other rich countries have failed to meet their pledges to provide $100 billion per year.

Meanwhile, high-level UN officials estimate that these countries will actually need to spend about $1 trillion per year on climate response by 2025, and about $2.4 trillion per year by 2030.

These countries face debt distress partly because the IMF demands they follow overly broad austerity policies as conditions to receive the loans. This is an avoidable problem, considering that the IMF possesses a ready and appropriate alternative: Special Drawing Rights (SDRs), a reserve asset intended to be issued during times of crisis.

The Fund last allocated $650 billion worth of SDRs in August 2021, in response to the COVID pandemic. But now even countries battered by the climate crisis, such as Pakistan, a third of which was flooded in 2022, are being pushed to take on more debt while the US Treasury Department refuses to green-light a new major SDRs issuance.

This points to the root of the problem: the governance structures of the IMF and World Bank. The US by itself has a veto over decisions, and in practice can control most of what the IMF does, because other high-income countries — mostly in Europe — almost always line up with the United States, giving high-income countries 60 percent of voting power, thereby leaving most of the world without a voice at the IMF.

Critics point out that most of the 2021 SDRs went to rich countries, since they provided the most to the IMF’s resources (their membership quotas); while efforts to rechannel those SDRs have also been wanting both in terms of speed and quantity.

Worse, the IMF’s rechanneling mechanisms turn the SDRs — an international reserve asset that countries receive without any debt or conditions attached — into loans, with conditions attached.

The IMF is contributing to the global debt crisis in other ways. It continues to levy surcharges, essentially, “junk fees” added onto its non-concessional lending. Writing for Eurodad, Daniel Munevar highlighted how climate crisis-ravaged Pakistan faced surcharges of $122 million in 2023, and another $69 million in 2024.

A country that faced catastrophic flooding in 2022, that is one of the most vulnerable to climate change, and that was simultaneously facing possible default, should not be forced to pay surcharges. Moreover, many countries in similar circumstances, such as Armenia, Jordan, and even war-torn Ukraine, also face surcharges.

A recent CEPR report noted, “The IMF will charge over $2 billion per year in surcharges through 2025,” which is unnecessary and counterproductive, given the already constrained fiscal space of developing countries.

Time is quickly running out. The IMF must be brought into the twenty-first century if it is to play a constructive role in ending the climate crisis. The IMF should end its punitive, unnecessary, and counterproductive surcharge policy. And there must be a new major allocation of SDRs to enable developing countries to better deal with debt distress and meet their goals for climate-resilient spending.

This will require leadership by President Biden, since the US is the largest contributor to IMF resources and has the greatest say in IMF decisions. The COP meetings could even be used for timing a yearly release of climate-related SDR allocations to highly climate-vulnerable countries, as suggested under Barbados’s “Bridgetown Initiative.”

These steps would at least show that the Fund is addressing the climate crisis with the leadership and seriousness required.

Omer Javed holds a PhD in Economics from the University of Barcelona, and previously worked at the International Monetary Fund. His contact on ‘X’ (formerly ‘Twitter’) is @omerjaved7.

Dan Beeton is the International Communications Director for the Center for Economic and Policy Research (cepr.net) in Washington, DC. He Tweets at @Dan_Beeton.

IPS UN Bureau

 


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Why Should Climate Change and Biodiversity Loss Be Tackled Together?

By External Source
Jan 12 2024 (IPS-Partners)

 

 
Find the answer in this interview with Frédéric Castell, Senior Natural Resources Officer at FAO

 


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The Baloch Women From Pakistan Want Their Missing Relatives Back

A moment of the march as it passes through Punjab. Led by women, the march was an unprecedented protest in Pakistan. Credit: Baloch Yakjehti Committee - In an unprecedented display of courage and determination, Baloch women have led a historic march through Balochistan to Islamabad, demanding justice and an end to enforced disappearances

A moment of the march as it passes through Punjab. Led by women, the march was an unprecedented protest in Pakistan. Credit: Baloch Yakjehti Committee

By Karlos Zurutuza
ROME, Jan 12 2024 – “We are the mothers, daughters and sisters of the missing and murdered Baloch. We are thousands.” Mahrang Baloch, a 28-year-old doctor from Pakistan’s Balochistan province, is blunt when introducing herself and the rest of a group protesting in central Islamabad.

“We are asking for an end to enforced disappearances and extrajudicial killings. We also demand the elimination of private militias,” the young woman explains in a phone conversation with IPS.

Divided by the borders of Iran, Afghanistan and Pakistan, Balochistan is the land of the Baloch, a nation of 15-20 million with a distinct language and culture. After the British withdrawal from India, they declared a state of their own in 1947, even before Pakistan did. Seven months later, however, Balochistan would be forcefully annexed by Islamabad

Baloch and the group arrived after a march that started in Balochistan last November. Nested in the country’s southeast and sharing borders with both Afghanistan and Iran, it’s the largest and most sparsely populated province in Pakistan, enduring the highest rates of illiteracy and infant mortality. It’s also the one most affected by violence.

Mahrang Baloch stresses that the trigger for the protest was the murder of a young Baloch man last November while he was in police custody. Following a two-week sit-in, the group decided to take the protest beyond the local province, embarking on a march to the Pakistani capital.

Clad in colourful traditional Baloch costumes and bearing portraits of their missing relatives, they received the warmth and support of tens of thousands along the way. However, the march was eventually blocked at the gates of Pakistan’s capital on December 20.

It was then that a police cordon permanently cut off their path on the outskirts of the city. The protesters refused to disband, so security forces responded with sticks, water jets and made hundreds of arrests.

Many women were dragged onto buses that took them back to Quetta, the provincial capital of Balochistan – 900 kilometres southwest of Islamabad. The rest set up a protest camp in front of the National Press Club, in downtown Islamabad.

After spending several hours in police custody, Baloch was eventually released. “We have carried the mutilated bodies of our loved ones. Several generations of us have seen much worse,” the young woman stresses.

She claims to be “mentally prepared” for the possibility of joining the long list of missing persons herself. “We have reached a point where neither forced disappearances nor murders can stop us,” adds the activist.

 

Mahrang Baloch during a speech in the centre of Islamabad. This young doctor has become a symbol for people who have been so retaliated against. Credit: Credit: Baloch Yakjehti Committee

Mahrang Baloch during a speech in the centre of Islamabad. This young doctor has become a symbol for people who have been so retaliated against. Credit: Credit: Baloch Yakjehti Committee

 

Mutilated and in ditches

Divided by the borders of Iran, Afghanistan and Pakistan, Balochistan is the land of the Baloch, a nation of 15-20 million with a distinct language and culture. After the British withdrawal from India, they declared a state of their own in 1947, even before Pakistan did. Seven months later, however, Balochistan would be forcefully annexed by Islamabad.

Violence has been rife ever since.

In a report released on January 2023, Human Rights Watch accused Pakistani security forces of committing “serious human rights violations which include arbitrary arrests and extrajudicial executions.”

In November 2021, Amnesty International published a report, titled “Living Ghosts,” calling on Islamabad “to end policies of enforced disappearances as well as secret and arbitrary detentions.”

Baloch human rights organization Voice for Baloch Missing Persons(VBMP) points to more than 7,000 missing people in the last two decades.

It was exactly for that reason that Mahrang Baloch was first imprisoned at 13, when she was protesting the disappearance of her father, Gaffar Lango, in 2006 in Quetta. After his release, Lango would be kidnapped again three years later. His body was found savagely mutilated in a ditch in 2011.

Next on the list was her brother Nasir, who was abducted in 2018. “That was a turning point for me. It was clear that no one was safe, that it could happen to anyone,” recalls the activist.

This square-jawed woman has become one of the drivers of change that the traditionally conservative Baloch society is undergoing through civil platforms such as the Baluche Unity Committee (BYC). They launched this protest.

From a less visible position, Saeeda Baloch, a 45-year-old Baloch woman who works for an NGO she prefers not to disclose, has devoted herself to raising funds to offer food and shelter to the participants. Her reasons are powerful.

“My husband was shot to death in 2011 when he was working collecting information about the disappeared and the killed. Moreover, his brother and my nephew have been missing since 2021,” Baloch explains to IPS by phone from Quetta.

He says the initiative has been highly successful “despite the violence they had to face in Islamabad.”

“Women have taken to the streets, many of them spending sub-zero nights with their babies. I can’t think of a more eloquent image of the determination of our people,” says the activist.

 

The group arrives at the entrance of Islamabad. The march was blocked on the outskirts of Pakistan's capital. Credit: Baloch Yakjehti Committee

The group arrives at the entrance of Islamabad. The march was blocked on the outskirts of Pakistan’s capital. Credit: Baloch Yakjehti Committee

 

Solidarity

It was not the first time that Baloch men and women marched to the capital of Pakistan to protest over enforced disappearances. In October 2013, an initiative that started in the permanent protest camp of Quetta turned into a foot march to Islamabad.

It was led by a 72-year-old man known as Mama Qadeer. His son’s body was recovered 800 kilometres from Quetta, where he had been kidnapped. He had two gunshot wounds to the chest and one to the head, cigarette burns on his back, a broken hand and torture marks all over his body.

The figures of the so-called Great March for the Disappeared were as impressive as they were terrifying: 2,800 kilometres in 106 days during which 103 new unidentified bodies appeared in three mass graves.

“What differentiates both protests is the great participation of women in the last one and, above all, its leadership,” Kiyya Baloch, a Norway-based journalist and analyst of the Baloch issue explains to IPS by phone.

“This last march has already become a movement. Other than gathering great support in Balochistan, the Baloch who live in the province of Punjab, historically more silent, have also mobilized for the first time,” the expert emphasises.

The expert also highlights the support received from sectors of Pakistan’s also neglected Pashtun minority, as well as from international personalities including activists Malala Yousafzai and Gretha Thunberg, and the writer Mohamed Hanif.

The renowned British-Pakistani novelist made public that he had returned an award he had received in 2018. “I cannot accept this recognition from a State that kidnaps and tortures its Baloch citizens,” Hanif posted on his X account (formerly Twitter).

So far, the Pakistani government has turned a deaf ear.

In a televised appearance in January, Pakistani Prime Minister Anwar-ul-Haq Kakar referred to the protesters as “relatives of the terrorists” before adding that “anyone who supports the protest or writes about it should join the guerrilla.”

 

A protester makes graffiti in a Baloch town. The participants have had to reconcile activism and family for weeks. Credit: Baloch Yakjehti Committee

A protester makes graffiti in a Baloch town. The participants have had to reconcile activism and family for weeks. Credit: Baloch Yakjehti Committee

 

“Enemies of humanity”

At 80 years old, Makah Marri set foot in the capital of Pakistan for the first time in her life in the heat of the protest. She does not even speak Urdu – the country’s national language – but she is a well-known face at the numerous protests for the missing held in Balochistan.

She misses her son, Shahnawaz Marri. She has not heard from him since he was taken away in 2012. “What the relatives of the disappeared suffer is daily mental torture,” Marri recalls over the phone to IPS from Islamabad.

The images of the old woman, lifting the photo of her son above her head or being treated on the floor after fainting, have gone viral on social media. Today, she takes advantage of the conversation with the press to ask the rest of the world for “attention and support” for their cause.

The “enemies of humanity,” she emphasizes, not only took away her son, but also the father of her grandchildren.

 

South Africa’s Genocide Case Flawed, Premature, Inaccurate, says Israel

A view of the International Court of Justice where South Africa has launched a case accusing Israel of genocide in Gaza. Credit: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ.

A view of the International Court of Justice where South Africa has launched a case accusing Israel of genocide in Gaza. Credit: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ.

By Cecilia Russell
JOHANNESBURG, Jan 12 2024 – Israel disputed both South Africa’s jurisdiction and the provisional measures that it demanded the International Court of Justice impose on the State of Israel to prevent genocide.

Israel’s co-agent, Tal Becker, said in his opening address that Jewish people’s experience of the Holocaust meant that it was among “among the first states to ratify the Genocide Convention, without reservation, and to incorporate its provisions in its domestic legislation. For some, the promise of ‘never again for all people’ is a slogan. For Israel, it is the highest moral obligation.”

He then accused the South African government of bringing a fundamentally flawed case, which would in effect deny the country’s right to defend itself.

“The applicant has now sought to invoke this term (genocide) in the context of Israel’s conduct in a war it did not start and did not want. A war in which Israel is defending itself against Hamas, Palestinian Islamic Jihad, and other terrorist organizations whose brutality knows no bounds.”

Giving details of the Hamas attack on Israel on October 7, 2023, which he said was “the largest calculated mass murder of Jews in a single day since the Holocaust,” he accused South Africa of trying to “weaponize the term genocide against Israel,” delegitimizing the country and its right to defend itself.

“What proceeded under the cover of thousands of rockets fired indiscriminately into Israel? Was the wholesale massacre, mutilation, rape, and abduction of as many citizens as the terrorists could find before Israel’s forces repelled them openly, displaying elation. They tortured children in front of parents and parents in front of children. Burned people, including infants alive, systematically raped and mutilated scores of women, men, and children. All told, some 1200 people were butchered that day, more than 5500 names, and some 240 hostages abducted, including infants, entire families, persons with disabilities, and Holocaust survivors, some of whom have since been executed, many of whom have been tortured, sexually abused, and stabbed in captivity.”

Becker said the applicant is essentially asking the court to substitute the “lens of armed conflict between a state and a lawless terrorist organization with the lens of a so-called genocide of a state against a civilian population” and that Israel’s action against Hamas was legitimate defense of the country.

Members of the Delegation of Israel Credit: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ.

Members of the Delegation of Israel Credit: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ.

Professor Malcolm Shaw argued that the applicants right to approach the court was premature as there was no dispute between the countries.

He argued that Israel had responded to the applicant on December 27, 2023, “in good faith,” and had attempted to hand deliver notes, but the South African Department of International Relations rejected them because it was a public holiday and instructed them to try again on January 2, 2024.

However, before the notes could be delivered, South Africa launched the court application on December 29, 2023.

Shaw also said statements relied on by South Africa to show intent to commit genocide were not grounded in the policy frameworks of Israel.

He argued that the Prime Minister, during ministerial committees, issued directives “time and again” on methods to prevent a humanitarian disaster, which included looking at solutions to ensure a supply of water, food, and medicine and the construction of field hospitals.

“The remarks or actions of a soldier do not and cannot reflect policy,” Shaw told the court, saying it’s response included statements from, for example, the Minister of Defense on October 29, which made it clear that the country was fighting Hamas and not the people of Gaza, and from the President declaring that the country was operating militarily according to international law.

These decisions show that Israel lacked “genocidal intent” and said its actions were contrary to the South African argument inherent in the rights of any state to defend itself, which is “embedded in customary international law and enshrined in the UN Charter.”

Galit Raguan, Director of the International Justice Division, Ministry of Justice of the State of Israel, told the court that it was “astounding that in yesterday’s hearing, Hamas was mentioned only in passing and only in reference to the October 7 massacre in Israel. Listening to the presentation by the applicant, it was as if Israel were operating in Gaza against no armed adversary. But the same Hamas that carried out the October 7 attacks in Israel is the governing authority in Gaza. And the same Hamas has built a military strategy founded on embedding its assets and operatives among the civilian population.”

She said urban warfare will always result in tragic deaths, harm, and damage.

Using the example of the blast at al-Ahli Arab Hospital, which was blamed on the Israeli Defense Force (IDF), it was in fact independently confirmed as the result of a failed launch from within Gaza.

“South Africa does not consider the sheer extent to which Hamas uses ostensibly civilian structures for military purposes. Houses, schools, mosques, facilities, and shelters are all abused for military purposes by Hamas, including as rocket launching sites. Hundreds of kilometers of tunnels dug by Hamas under populated areas in Gaza often cause structures above to collapse,” she told the court.

Raguan also disputed South Africa’s version of Israel’s efforts to mitigate civilian harm.

“Here, the applicant tells not just a partial story but a false one. For example, the application presents Israel’s call to civilians to evacuate areas of intensive hostilities ‘as an act calculated to bring about its physical destruction.’ This is a particularly egregious allegation that is completely disconnected from the governing legal framework of international humanitarian law.”

Instead of 24 hours, as South Africa alleges, “the IDF urged civilians to evacuate to southern Gaza for over three weeks before it started its ground operation. Three weeks that provided Hamas with advanced knowledge of where and when the IDF would be operating.”

Raguan asked the court: “Would Israel work continuously with international organizations and states, even reaching out to them on its own initiative, to find solutions to these challenges if it were seeking to destroy the population? Israel’s efforts to mitigate the ravages of this war on civilians are the very opposite of the intent to destroy them.”

Dr Omri Sender elaborated on the humanitarian efforts, saying that more aid was reaching Gaza than before the war.

“The accurate average number for trucks specifically carrying food is 70 trucks a day before the war and 109 trucks a day over the last two weeks… Access to water has also been a priority. As with food supplies, there is no restriction on the amount of water that may enter Gaza. Israel continues to supply its own water to Gaza through two pipelines.”

Christopher Staker, a British barrister representing Israel, questioned whether “provisional measures require a state to refrain from exercising a plausible right to defend itself.”

The court, he argued, needed to take into account that Hamas was considered a terrorist organization by Israel and other countries, and secondly, it committed a large-scale terrorist attack on Israeli territory, so the country had a right to defend itself. The country was also taking steps to alleviate the humanitarian situation.

Staker also argued that the provisional measures would not constrain Hamas.

“This would deprive Israel of the ability to contend with this security threat against it. More rockets could be fired into its territory, more of its citizens could be taken hostage, raped, and tortured, and further atrocities could be conducted from across the Gaza border.”

The court’s president, Judge Joan Donoghue, closed proceedings and said the decision of the court would be communicated as soon as possible.

IPS UN Bureau Report

 


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