Melissa on the road

Journalist at RFI (ex-DW, BBC, CBC, F24...), writer (on art, music, culture...), I work in radio, podcasting, online, on films. As a writer, I also contributed to the New Arab, Art UK, Byline Times, the i Paper... Born in Paris, I was based in Prague, Miami, London, Nairobi (covering East Africa), Bangui, and in Bristol, UK. I also reported from Italy, Germany, Haiti, Tunisia, Liberia, Senegal, India, Mexico, Iraq, South Africa... This blog is to share my work, news and cultural discoveries.

28/01/2024

Nations Pausing UN Gaza Funding Could Be Violating Genocide Convention

A UN expert warned Sunday that countries defunding the UN agency for Palestinian refugees were breaching a court order to provide effective aid in Gaza and could be violating the international genocide convention.

By AFP - Agence France Presse

January 28, 2024

A number of donor countries -- including Australia, Britain, Finland, Germany and Italy -- on Saturday followed the lead of the United States in suspending additional funding to UNRWA.

That came after Israel alleged that several of the UN agency's staff members were involved in Hamas's October 7 attack.

Francesca Albanese, the UN special rapporteur for the occupied Palestinian territories, warned that the decision to pause funding to UNRWA "overtly defies" the order by the International Court of Justice to allow effective humanitarian assistance" to reach Gazans.

"This will entail legal responsibilities - or the demise of the (international) legal system," she wrote on X, formerly Twitter.

UNRWA reacted to the allegations by firing several staff and promising a thorough investigation into the unspecified claims, but Israel has nonetheless vowed to stop the agency's work in Gaza after the war.

The row between Israel and UNRWA follows the UN's International Court of Justice ruling on Friday that Israel must prevent possible acts of genocide in the conflict and allow more aid into Gaza.

Albanese, who is an independent expert appointed by the UN Human Rights Council, but who does not speak on behalf of the United Nations, highlighted the timing of the defunding decisions.

"The day after ICJ concluded that Israel is plausibly committing genocide in Gaza, some states decided to defund UNRWA," she said in a separate post on X.

By doing so, she said, countries are "collectively punishing millions of Palestinians at the most critical time, and most likely violating their obligations under the Genocide Convention".

On UNRWA

UN chief calls on countries to resume funding Gaza aid agency after allegations of militant ties

UN chief Antonio Guterres pleaded for donor states to "guarantee the continuity" of the body's Palestinian refugee agency after several halted funding over accusations of staff involvement in Hamas' 7 October attack on Israel.

- Melissa Chemam for RFI

United Nations Secretary-General Guterres on Sunday pleaded for donor states to "guarantee the continuity" of the body's Palestinian refugee agency, known as UNRWA, after many suspended their aid.

"While I understand their concerns -- I was myself horrified by these accusations -- I strongly appeal to the governments that have suspended their contributions to, at least, guarantee the continuity of UNRWA's operations," Guterres said in a statement.

Guterres warned that the U.N. agency for Palestinian refugees, would be forced to scale back aid to more than 2 million Palestinians as soon as February.

The coastal enclave is in the grip of a severe humanitarian crisis, with a quarter of the population facing starvation.

“The abhorrent alleged acts of these staff members must have consequences,” Guterres said in a statement.

“But the tens of thousands of men and women who work for UNRWA, many in some of the most dangerous situations for humanitarian workers, should not be penalised. The dire needs of the desperate populations they serve must be met,” he added.

Allegations

The United States, which is the largest donor to the agency, immediately suspended funding over the weekend, following accusations by Israel that a dozen of its employees were involved in Hamas' 7 October attack.

The US were followed by several other countries, including Australia, Britain, Germany and Italy.

Guterres vowed on Sunday to hold to account "any U.N. employee involved in acts of terror" after allegations that some refugee agency staffers were involved in the 7 October Hamas attacks on Israel.

"Any U.N. employee involved in acts of terror will be held accountable, including through criminal prosecution," the UN chief said in a statement.

"The Secretariat is ready to cooperate with a competent authority able to prosecute the individuals in line with the Secretariat’s normal procedures for such cooperation."

The UN chief gave details about the UNRWA staffers implicated in the "abhorrent alleged acts".

Of the 12 implicated, he said, nine had been terminated, one was confirmed dead and the identities of the other two were being clarified.

The UNRWA said on Friday that it had fired the employees in question.

The dispute over UNRWA came as the International Court of Justice ruled Friday that Israel must do its utmost to limit death and destruction in its Gaza offensive.

Matter of 'survival'

More than 2 million of the territory’s 2.3 million people depend on it for “sheer survival,” including food and shelter, UNRWA director Philippe Lazzarini said, warning this lifeline can “collapse any time now.”

UNRWA has 13,000 staffers in Gaza, nearly all of them Palestinians.

It provides basic services, from medical care to education, for Palestinians families who fled or were driven out of what is now Israel during the 1948 war surrounding its creation — a majority of Gaza's population.

It has expanded operations during the war, running shelters housing hundreds of thousands of newly displaced people.

The health ministry in Gaza says at least 26,422 people have been killed, mostly women and children, and 65,087 have been injured in Israeli strikes on the enclave since 7 October 2023.

Israeli officials say about 1,140 people were killed in the Hamas-led October 7 attacks in southern Israel.

Militant fighters took some 250 hostages during the attack, 132 being still in Gaza, according to Israeli figures.

(with newswires)

27/01/2024

Gaza: The violence continues, despite the ICJ ruling

US: Demand Gaza Ceasefire, Impose Israel Arms Embargo to

Comply with International Court of Justice Provisional Orders

in Genocide Case

Israel Kills 174 in Gaza Since ICJ Order to Stop Killing and Injuring Palestinians

(Washington D.C., January 27, 2024) – The Biden Administration should immediately demand a ceasefire in Gaza and suspend all U.S. military assistance to Israel to comply with the January 26 ruling by the International Court of Justice (ICJ), Democracy for the Arab World Now (DAWN) said today.

The Court’s provisional orders, based on a finding of plausible evidence that Israel is committing a genocide in Gaza, included demanding that Israel take all measures to prevent genocidal acts, specifically noting that this includes a prohibition on killing or injuring Palestinians, preventing and punishing the direct and public incitement to genocide; and taking immediate and effective steps to ensure the provision of humanitarian assistance to civilians in Gaza, citing the insufficiency of Israeli efforts to date.

"Complying with the Court’s order that Israel stop the killing of Palestinians can only be read to require the U.S. to end its military support for Israel, which has played a critical role in aiding and abetting Israel’s genocidal campaign in Gaza,” said Sarah Leah Whitson, DAWN’s executive director. “The U.S. has been complicit in every genocidal action that Israel has taken in Gaza, continuing to provide it with military equipment and political protection even after months of horrific evidence of its crimes in Gaza. Suspending military aid may at least protect the U.S. from itself being found liable for complicity in Israel’s genocide.”

The ICJ's order of provisional measures in the case of South Africa v. Israel was based on its determination that South Africa had presented plausible evidence to support a finding that Israel was committing genocide against Palestinians. It specifically found that the acts that South Africa has accused Israel of could constitute genocide; that it is plausible that Israel is violating Palestinians’ right to be protected from genocide; and that there is a “real and imminent risk” that such violations could plausibly occur as the case continues to be adjudicated.

Paragraph 54 of the Court's ruling details the plausible scenario that Israel is engaged in actions that could be considered genocide against Palestinians. This includes killing and harming them with the intent to destroy, in whole or in part, the group as such. Article 41 of the ICJ Statute authorizes the court to order provisional measures if it finds there is an urgent situation where irreparable prejudice or consequences will result to the at-risk group, in this case, the Palestinians, while the case is pending. The court noted the extremely vulnerable situation of the Palestinian population in Gaza, where Israeli bombardment and embargo on fuel, water, and medicine has caused over 26,000 deaths; 66,000 injuries; the displacement of 85% of the population of Gaza; acute hunger for 93% of the population; and the vast demolition of homes making large parts of Gaza uninhabitable.

Accordingly, the Court, in Paragraph 78, ordered Israel to ensure its military refrains from acts that could lead to genocide. This includes prohibitions against killing, causing serious harm, deliberately inflicting on Palestinians conditions of life calculated to bring about their physical destruction in whole or in part, and imposing measures to prevent births within the Palestinian group. The Court also ordered Israel to take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in Gaza. Additionally, it mandated effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts of genocide. It also reminded all parties of their obligations under international humanitarian law and called for the release of hostages..

The Court has mandated that Israel must submit a report within 30 days detailing the measures it has taken to comply with its orders. The ICJ's review of Israel's compliance will be a significant factor in the ongoing litigation and could influence the Court's final judgment on whether Israel is committing genocide. Despite the court order, the IDF reportedly killed 174 Palestinians in Gaza on January 26 and intensified its military operations in the territory.

The international community, particularly the United Nations Security Council, is expected to play a pivotal role in ensuring the implementation of these orders. If Israel fails to abide by the court’s orders, it will likely harm its defense in the ongoing litigation to confirm that Israel is committing genocide. Because the ICJ has no enforcement powers, the United Nations Security Council (UNSC) will need to issue a resolution ordering its implementation. The UNSC should now have stronger backing to push for a new ceasefire resolution, so long as the U.S. does not use its veto power to block it. In addition, because the ICJ only reviews the legal responsibility of states, any determination of the responsibility of individuals responsible for genocide would fall to the International Criminal Court, which is currently investigating allegations of international crimes committed by both Israel and Hamas.

“The Court's order for Israel to cease actions that constitute genocide, specifically the killing and harming of Palestinians, effectively functions as a call for a ceasefire, but with the killing of another 174 Palestinians yesterday, Israel is clearly ignoring the court’s order,” said Raed Jarrar, DAWN’s advocacy director. “By mandating a halt to the killing and injuring Palestinians, the order aligns with the fundamental aspects of a ceasefire – the cessation of hostilities and the protection of civilian lives.”

DAWN has called for an immediate ceasefire in Gaza since October 9, 2023, and urged the Biden Administration to call for a ceasefire on November 21, 2023. Other human rights groups, including Palestinian groups such as Al-Haq, Al-Mizan, and the Palestinian Centre for Human Rights, have also concluded that ICJ's ruling effectively acts as a de facto order for the cessation of hostilities and a practical equivalent to a ceasefire.

Article III of the Genocide Convention, which includes "complicity in genocide" among punishable acts, implicitly mandates state parties, such as the United States, to refrain from actions that might constitute aiding and abetting genocide. Practically, this encompasses the cessation of arms supplies to Israel because these arms could be used in actions amounting to genocide. Paragraph 41 of the ICJ ruling in this case also recalls that under Article I of the Genocide Convention, all state parties have committed “to prevent and to punish” the crime of genocide. This underscores a binding legal obligation for the U.S. to take affirmative measures against potential genocidal actions.

“Given the ICJ's ruling, the US faces a significant challenge to its blank check policy, especially its military support, for Israel,” said Adam Shapiro, DAWN’s advocacy director for Israel and Palestine. “Continued military aid to Israel in light of these findings will be viewed as contradictory to the U.S.'s commitment to prevent genocide and uphold the rule of law.”

U.S. policies also require the Biden Administration to reevaluate arms transfers to Israel in light of the ICJ’s finding that there is a plausible case for genocide by Israel. President Biden's Conventional Arms Transfer Policy restricts arms transfers “likely to exacerbate risks of genocide.” This policy emphasizes the importance of responsible arms transfer and is designed to prevent arms transfers that risk contributing to violations of human rights or international humanitarian law. The ICJ’s ruling finding the claims of potential genocide by Israel as plausible directly implicates the policy mandate to avoid exacerbating the risks of genocide. According to the policy, the administration will not authorize any arms transfer if it is "more likely than not" that the arms will be used to commit, facilitate, or aggravate risks such as genocide, crimes against humanity, or grave breaches of international humanitarian law.

“Today’s ICJ ruling makes clear that there is a clear and plausible genocide in Gaza right now, which should trigger application of Biden’s own arms transfer policy to bar further weapons to Israel,” said Jarrar. “American taxpayers should not bear the burden of being further implicated in Israel’s genocidal conduct.”

The United States has long championed enforcement of other findings of plausible genocide and provisional order by the ICJ, most recently concerning Myanmar and Russia. In the case of The Gambia v. Myanmar, which centers on allegations of genocide against the Rohingya population, the United States formally recognized that the Myanmar military committed genocide against the Rohingya, provided funding for the UN’s Independent Investigative Mechanism for Myanmar with almost $1 million, and sanctioned Burmese officials for their role in the atrocities.

In the case of Ukraine v. Russia, the United States intervened to argue for a broad interpretation of jurisdiction under the Genocide Convention, highlighting the global responsibility to ensure its correct application. The U.S. submission emphasized that the Genocide Convention does not permit a member state to commit aggression under the pretext of preventing or punishing genocide.

“The U.S. should signal its support for the enforcement of the ICJ’s provisional orders with the same robust and committed policies and actions that it has shown in the cases against Russia and Myanmar,” said Whitson. “The whole world is watching how the U.S. responds to this historic court decision.”

DAWN urges the U.S. government to demonstrate a consistent and principled commitment to the international rules-based order by abiding by and supporting the enforcement of the ICJ’s orders in the genocide case in Israel and to reconsider its continued military and political support for Israel. Failure to act will have far-reaching consequences for global perceptions about the U.S.’s commitment to justice and the rule of law. The United States should also support the ICC’s ongoing investigation into crimes in Palestine and its efforts to hold individual perpetrators accountable.

26/01/2024

Justice for Gaza

The International Court of Justice (ICJ) has heard this Friday in The Hague that Israel must ensure the preservation of evidence of alleged genocide in Gaza.

Judge Donoghue ordered Israel to report to the court within one month. She also said measures must be taken to improve the humanitarian situation in Gaza.

She said it must ensure “with immediate effect” that its forces do not commit any of the acts covered by the convention.

It's a victory for South Africa.

The case will be prosecuted further on accusation of genocide committed by Israel against the Palestinians in Gaza.

World Court says Israel must take steps to prevent acts of genocide in Gaza

By Stephanie van den Berg and Anthony Deutsch

January 26, 20241:58 PM GMT+1

THE HAGUE, Jan 26 (Reuters) - The World Court on Friday ordered Israel to take all measures within its power to prevent acts of genocide as it wages war against Hamas militants in the Gaza Strip.

The court said Israel must ensure its forces do not commit genocide and take measures to improve the humanitarian situation for Palestinians in the enclave.

The court did not rule on the core of the case brought by South Africa - whether genocide has occurred in Gaza. But it recognised the right of Palestinians in Gaza to be protected from acts of genocide.

In bringing the case to the International Court of Justice (ICJ), South Africa had requested an immediate halt to Israel's military operation, which has laid waste to much of the enclave and killed more than 25,000 Palestinians, according to Gaza health authorities. The court did not grant that.

Israel had asked the court to reject the case outright, saying it respects international law and has a right to defend itself.

South Africa argued two weeks ago that Israel's aerial and ground offensive was aimed to bring about "the destruction of the population" of Gaza.

Israel unleashed its war in Gaza after a cross-border rampage on Oct. 7 by Hamas militants. Israeli officials said 1,200 people were killed, mostly civilians, and 240 taken hostage.

Reporting by Stephanie van den Berg in The Hague, Anthony Deutsch and Bart Meijer in Amsterdam

Writing by Ingrid Melander; Editing by Angus MacSwan

25/01/2024

Press freedom in danger in India

A French journalist is facing expulsion from India after two decades for what authorities have termed "malicious and critical" report.

RSF editorial director Anne Bocandé told RFI : "We're very concerned by this decision. This is happening as the French president is visiting, and we want this brought up at these discussions."

22/01/2024

Senegal: Presidential campaign's update

Sonko and Wade excluded from Senegal's list of 20 presidential candidates

Senegal's Constitutional Council has published the final list of 20 candidates for the highstakes 25 February presidential election. Supporters of jailed opposition leader Ousmane Sonko and Karim Wade, the son of former president Abdoulaye Wade, are angry their candidates have been excluded from the list.

Melissa Chemam for RFI English - 22 Jan. 2024

Senegalese voters last went to the polls for parliamentary elections
on 31 July 2022. AFP - JOHN WESSELS

The list was published late on Saturday evening, and includes 20 candidates chosen from an original 90 who tried to take part in the sponsorship phase.

First on the list, Prime Minister Amadou Ba, chosen by President Macky Sall as his successor after Sall announced in July that he would not seek a third term.

Also named are the former prime ministers and rivals Idrissa Seck and Mahammed Boun Abdallah Dionne, the former mayor of Dakar Khalifa Sall, and Bassirou Diomaye Diakhar Faye, presented as a substitute candidate for the famous opposition leader Ousmane Sonko.

The published list of candidates also includes two women, gynaecologist Rose Wardini and entrepreneur Anta Babacar Ngom.

Crowded field, high hopes for democracy

It is the first time Senegal has organised a presidential election with so many candidates, according to constitutional lawyer Babacar Gueye.

Five candidates stood at the last contest in 2019.

It's Senegal's first election without the participation of the outgoing president, Macky Sall who was elected in 2012 for seven years and re-elected in 2019.

The high number of candidates is good news for democracy, according to Papa Fara Diallo, lecturer in political science at Gaston Berger University in Saint-Louis.

He told RFI that previous elections showed that "when the incumbent president was in the race, he most often got reelected". But this year, as Sall is not running, the stakes are higher and the voters more involved than ever.

Final blow for Karim Wade

Karim Wade, who served as a minister when his father Abdoulaye Wade was in power, was ruled "inadmissible" because of his dual French and Senegalese nationality, according to the Constitutional Council.

He denounced the move Sunday on social media, calling the decision "scandalous" and a "blatant attack on democracy".

The 25 deputies in Wade's party called for a parliamentary inquiry into the circumstances in which certain candidates had been excluded, in particular Wade.

According to the constitution, presidential candidates "must be exclusively of Senegalese nationality" and aged between 35 and 75 on election day.

Wade, who was born in France to a Senegalese father and a mother of French origin, and has been living in exile in Doha, had presented documents showing he has renounced his French nationality.

But the council rejected them, saying the decree confirming his loss of French nationality was "not retroactive" and his sworn declaration was "inexact" at the time of its filing.

Wade even accused France of trying to delay the process to ruin his candidacy.

"Our file was solid, we provided all the requested documents," his representative, Maguette Sy, told RFI. "We do not understand why France waited until 16 January to issue a decree and publish it in the Official Journal. Our renunciation has been recorded since 23 October, certified by the consul near the French embassy in Doha. We say that it is a scheme against candidate Karim."

His party, the PDS, and its K24 coalition haven't chosen a replacement yet.

Disappointment for Sonko

The Constitutional Council rejected Ousmane Sonko's candidacy due to his six-month suspended sentence for defamation, which was upheld by the Supreme Court on 4 January.

Court dashes election hopes for Senegalese opposition leader Sonko

The 49-year-old opposition figure came third in the 2019 presidential election and has generated a passionate following among Senegal's disaffected youth, striking a chord with his pan-Africanist rhetoric and tough stance on former colonial power France.

He has however been at the centre of a bitter stand-off with the state that has lasted more than two years, often sparking deadly unrest, especially in 2023.

His successor, Faye, 43, is a member of Sonko's dissolved party, PASTEF, and is also detained but has not yet been tried.

He has been in prison since April 2023 for "contempt of court" and "defamation against a corporate body" over a Facebook post.

Observers are keeping an eye on Senegal, which has traditionally enjoyed a reputation for stability in the West African region marked by instability and coups.

Civil society and NGOs have however warned about current crackdowns on the press and an increase in political arrests, like Human Rights Watch, which published a report this Monday.

(with AFP)

13/01/2024

Music!

My interview with a band I discovered recently: AH KWANTOU.

Such warm and transporting music! Also a pleasure to hang out and interview the band members.

The kind of warmth that improve winter :-)

Ah! Kwantou, a revolutionary band
from Ghana and France • RFI English

Ah! Kwantou is a band formed between a Ghanaian singer and musicians from France to showcase a mix of sounds, influenced by Ghana’s highlife music, Nigeria’s Afrobeat, French and other West African influences. RFI English caught up with them ahead of their 2024 dates.

11/01/2024

South Africa vs Israel

Francesca Albanese, UN Special Rapporteur oPt

@FranceskAlbs

11 January 2023 - ICJ, The Hague Watching African women & men fighting to save humanity & the int'l legal system against the ruthless attacks supported/enabled by most of the West will remain one of the defining images of our time. This will make history whatever happens.