PORTLAND - The fact that Israel has committed genocide in the Gaza Strip is beyond a doubt. For the human and physical fallout, simply look at the results on the ground and read the South Africa filing at the International Court of Justice (ICJ). And as for intent (critical to proving genocide) listen to and read the statements of Israeli leaders, including Prime Minister Netanyahu, President Isaac Herzog, Defense Minister Gallant and senior military leaders.

South Africa invoked the “Application of the Convention on the Prevention and Punishment of the Crime of Genocide” to bring Israel before the International Court of Justice, the world’s highest court at the United Nations, on December 29, 2023. South Africa accused Israel of having committed and continuing to commit acts of genocide against Palestinians in Gaza.  (https://en.wikipedia.org/wiki/South_Africa's_genocide_case_against_Israel)

After two days of hearings, the court was persuaded on the basis of the presentation of the evidence and arguments to accept the case and allow it to move forward, something that might literally take years before a final judgement is handed down. While about 14 countries have intervened to express political or official public support for the case, including three Muslim countries, and a larger number of countries, including about 14 Muslim countries, have endorsed the case with political or official public support, Israel has continued its acts of genocide.

A few observations shed light on the state of morality in our world. Only three European countries have intervened to support the case — Belgium, Ireland and Spain. Most Muslim majority countries have been silent or have only expressed support through the Organization of Islamic Cooperation (OIC). This is while the United States, the self-declared champion of the international rule of law, has gone totally rogue. Instead of enabling the case to move forward in an orderly fashion, the United States has tried to squash the case in every way it could. The U.S. has called the case “meritless, counterproductive, and completely without any basis in fact whatsoever.” Over 200 members of the U.S. Congress have denounced the case. Other lawmakers have introduced a bill to review U.S. relations with South Africa.

Students who have peacefully supported the Palestinians’ struggle have been expelled from their universities or even deported. Many have been fired from their jobs or job offers have been rescinded from those who have spoken against Israel’s genocide. All this in a country where free speech is purportedly sacred! And these are only the publicly known measures.

Most important has been the behind-the-scene arm twisting and threats to foreign leaders and officials who might support the case. At the same time, the United States has gone totally off the rail in another case by sanctioning four judges at the International Criminal Court (ICC) for the indictment of Prime Minister Benjamin Netanyahu and two other senior Israeli officials.

While the U.S. has been all in with Israel with its diplomatic-political support, it has done much more at the practical level enabling Israel to carry out its genocide in Gaza. The U.S. has supplied Israel with money, lethal arms (especially big bombs that are designed to obliterate entire neighborhoods) and intelligence. Israel COULD NOT have carried out its genocide without such U.S. support.

Could any country or any leader have halted this genocide? Yes. The list is long. First up, European countries as a group could have pressured the U.S. Ireland and Spain did indeed speak up, but they did not represent a united Europe. Arab countries, especially Saudi Arabia, the United Arab Emirates and Qatar with their financial clout could have persuaded President Trump to tell Israel to stop its genocide. The Muslim countries, with over two billion adherents could have banded together to pressure President Trump to do the right thing. The list is long but “the flesh is weak.” Most disappointing is the acquiescence of Saudi Arabia and the United Arab Emirates. Yes, the rulers, the al-Sauds in Saudi Arabia and the al-Nahyans in the UAE, don’t much like the Palestinians but they rely on U.S. support to maintain their rule, to wield absolute power and to take all they want from the national treasury. It is all a matter of self-preservation for these unelected rulers who buy U.S. support and live a life of luxury. All the while the majority of ordinary Arabs and Muslims across the world abhor what they see in the news and suffer.

There is a clear way to show up the United States and all that it has done and is doing to enable the Israeli genocide and to stop the carnage in its tracks. It is clear that the United States has been totally complicit in all that Israel has done. A courageous member country of the United Nations could expose the US as an accomplice in the ongoing Gaza genocide at the ICJ. The South Africa case is indisputable. A handful of smart legal minds could adapt the same case delineating U.S. complicity and show beyond a doubt that this genocide would never have gone so far without full American acquiescence with the supply of arms, money and intelligence.

It only takes a little courage to stand up to U.S. complicity in the ongoing genocide. 

Will a Muslim or Arab country step up to the plate?

Hossein Askari is an emeritus professor of business and international affairs, George Washington University