Human rights Opinion

Palestinians in a constant state of mourning as second Nakba unfolds

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'A second Nakba unfolding before our eyes and the trauma of our Palestinian parents is now ours – we are living in a constant state of mourning.'

~ Amnesty International Australia's spokesperson for Occupied Palestinian Territory, Mohamed Duar 

AS AN AUSTRALIAN of Palestinian descent, the last 12 months have been nothing short of devastating. All Palestinians living in exile carry an unbreakable bond to our homeland.

Uprooted, much like our olive trees, we yearn to return home. The pain of being exiled from a land that runs through your blood and anchors your soul is beyond words. It’s a wound that never heals, a longing that never fades.   

My father, like the 750,000 who were expelled in the first Nakba, continues to carry the keys to his house around his neck in the hopes of one day returning to his village — one of 650 that were razed in 1948. I learned of this story when I was young and have since made a lifelong commitment to defending human rights.  

I made a promise to my father that he would one day return and that Palestinians will be free. 

I believe in international law and justice – a system born from humanity’s darkest moments to prevent history from repeating itself – serving the purpose of universal human rights protection. Yet the crisis in Gaza has made one thing painfully clear — the very nations that were the architects of the international legal system are now the ones actively undermining it.

A small powerful few – namely the U.S. and Israel – continue to flagrantly disrespect and violate international law, undermining the Palestinians’ plight to justice, freedom and peace. While the global majority demands a ceasefire and accountability for perpetrators to be brought to justice, these countries have continued to act with impunity.

Gaza is being destroyed, and over 1.8 million people have nowhere safe to go. This is the largest displacement of Palestinians since 1948, a second Nakba unfolding before our eyes. It’s no longer the trauma of our parents, it’s now ours. 

Palestinians are a resilient people; they have endured continuous violence and human rights abuses under a 76-year-old occupation. Yet nothing can compare to the deep grief and despair of this past year. We are living in a constant state of mourning.  
 
International law has evolved over decades to safeguard the safety, dignity and rights of every human being — and, hold perpetrators accountable for their actions. But today we stand at a precipice as the crisis in the Occupied Palestinian Territory and Israel intensifies, now spilling across the region. If we fail to restore international justice, we risk plunging into further instability, aggression and conflict, with civilians bearing the brunt of the consequences. 

In the past 12 months, I have seen and felt the worst of humanity. Watching my people face extermination, generation after generation, has inflicted unbearable grief. I have run out of tears.  

For 17 years Gaza has endured a brutal blockade — with Israel exerting total control over movement, land, sea and air. The apartheid system – a crime against humanity – seeks to destroy our dignity, but we endure.  

Our mere existence is an act of resistance. 

Apartheid has no place in this world — and states that choose to make allowances for Israel will find themselves on the wrong side of history.

Governments who continue to supply Israel with arms – and shield it from accountability at the United Nations (UN) – are supporting a system of apartheid, undermining the international legal order and exacerbating the suffering of the Palestinian people.

The international community must face up to the reality of Israel’s apartheid and ongoing violence and mass human rights violations — Australia included.   

I have spent two decades working in the field of human rights. I remember the atrocities of Rwanda, Srebrenica and the failed wars in Iraq and Afghanistan but nothing prepared me for the events in Gaza — even after so many years of occupation. 

I have watched in horror as Israel continues to drop bombs and besiege those in Gaza. They destroyed our houses, flattened mosques, churches, hospitals and schools, burnt those sheltering in tents alive, and are utilising starvation as a weapon of war and denying humanitarian aid.  

If that were not enough, people who have already suffered years of violent and military occupation are now stuck with nowhere to go. In so-called "civilian safe zones" the Israeli Defence Force (IDFbombs the elderly, women, children and disabled seeking to escape.   
 
All of these actions are war crimes under international law. The Geneva Conventions were designed to protect civilians and distinguish them from combatants. Yet, civilians, humanitarians, medical workers and journalists continue to be targets.  
 
The escalation in violence and aggression continues, despite South Africa taking Israel to the International Court of Justice (ICJ) which ruled that there is a plausible case for genocide and that Israel must protect against further, severe and irreparable harm to the rights of the Palestinian people.  

In July, the ICJ also ruled the occupation of the Palestinian Territory to be unlawful and that Israel must immediately withdraw its forces from Gaza, the West Bank and East Jerusalem. This is despite the UN General Assembly voting overwhelmingly last month to support a resolution demanding Israel comply with the ICJ and withdraw from the Occupied Palestinian Territory with 124 votes in favour.

The Australian Government, shockingly, abstained.

Israel must not be allowed to ignore demands from the ICJ or trample on international law any longer. 

Those responsible for human rights atrocities, war crimes, crimes against humanity and genocide must be held to account and face trial. And, the rule of law must be respected by the international community.  
 
There is a loss of faith in the global rules-based order — it feels like international law is itself on trial.  

States, including Australia, must not accept blatant disregard for international law — including binding decisions of the Security Council, orders of the International Court of Justice, and the International Criminal Court (ICC).  
 
The longer impunity prevails, the more international law and the Geneva Conventions become irrelevant. States themselves designed international human rights and humanitarian law to preserve, defend and guarantee our common humanity. We must remember the spirit of the Universal Declaration of Human Rights (UDHR) and the principles of universality, freedom, and justice for all. 

Humanity must prevail. Our future depends on it. 
 
I made a promise to my father that Palestinians will be free and I intend to keep my word.


  
Mohamed Duar has been a fundraiser, human rights campaigner and government relations advisor. Mohamed holds a Master of Human Rights from the University of Sydney and is on the Sydney Peace Foundation Prize Jury and Executive Council. Mohamed is Amnesty International Australia’s Occupied Palestinian Territory Spokesperson.

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