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ICC should seek more arrest warrants for Israeli leaders

The outspoken Italian human rights lawyer, Francesca Albanese, accuses British politicians of genocide denial and urges the EU to cut trade ties with Israel
 
Middle East Eye
 
Part 6 - 'Genocide denier'
 
In the interview, the special rapporteur took aim at UK politicians downplaying the seriousness of the risk of genocide in Gaza.

On 29 October, the British Foreign Secretary David Lammy suggested that Israel is not committing genocide in Gaza because millions of people have not been killed.

Terms like genocide, Lammy told parliament, "were largely used when millions of people lost their lives in crises like Rwanda, the Second World War, the Holocaust, and the way that they are used now undermines the seriousness of that term.

On Wednesday last week, Prime Minister Keir Starmer reiterated similar statements, telling parliament in response to a question about the government's lack of recognition of a genocide in Gaza: "I'm well aware of the definition of genocide, and that is why I've never referred to it as genocide."

Commenting on Lammy's statements, Albanese told MEE: "He's referring to cases where genocide has resulted in industrial scale of killing, of mass extermination, like in Rwanda and during the Holocaust.

"But it's not the numbers of those killed that determines whether or not there is genocide, and any lawyer would know that.

"I hadn't realised that Mr Lammy was a lawyer," she said, referring to Lammy's legal background.

"As a politician, you might say that for political convenience," she suggested, adding that his comments would still make him "a genocide denier".

In addition to the genocides in Germany, Rwanda and Cambodia, the UK government recognises that genocides have been committed in Bosnia and against the Yazidi people in Iraq. 

More than 8,000 Muslim men and boys were killed by Bosnian Serbs in the town of Srebrenica in the former Yugoslavia in 1995, and over 5,000 Yazidis were killed in the 2010s by the so-called Islamic State group in Iraq.

The international criminal tribunal for the former Yugoslavia took into account not only the substantial numeric size of the targeted group but also factors such as the emblematic nature of the targeted part of the group, whether the targeted group is essential for the survival of the population as a whole, and the prominence of the geographical location for its inhabitants.  

Middle East Eye has contacted Lammy for comment on Albanese's remarks. His office responded saying that the foreign secretary didn’t specify that genocide required "millions of people to be killed". 

"He simply observed that the term has 'largely' applied to such cases," a foreign office spokesperson told MEE.

"The UK‘s long-standing policy is that any judgement as to whether genocide has occurred is a matter for a competent national or international court, rather than for governments or non-judicial bodies," a spokesperson said.

Likewise, when approached by MEE for comment, Starmer's team referred the request to the Foreign Office, which responded saying genocide should be declared by a competent court after consideration of evidence in a judicial process. 

But Albanese thinks the world should not wait for the outcome of a judicial process.

She emphasised that states have an obligation under international law to prevent genocide, not just to refrain from committing it.

"The question to Mr Lammy is: what is the UK doing to prevent acts of genocide? Because the International Court of Justice has recognised the plausibility of genocide, she said, refering to the provisional measures ordered by the court this January in the genocide case brought by South Africa against Israel.  

Albanese urged Lammy to review his stance, saying he still has the opportunity to do so with the changing developments on the ground. 

"Let's assume that it's in good faith… there is always time to change someone's mind when the circumstances on the ground change," she said.

Albanese said there is a better chance to prevent genocide now that checks and balances exist to a certain degree around the world, and with developments in international human rights law and international legal system since World War II.

"We can talk about past mistakes and crimes, but I'm interested in stopping the genocide now. So let's wake up and do better."

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