High Court to hear landmark genocide case against Israel

The High Court will convene on July 28 to hear the State’s request to strike out a landmark application seeking to invoke provisions of the island’s Genocide Act in a bid to hold Israel accountable for alleged genocide, war crimes, and crimes against humanity in Gaza.

The application, brought by David Denny on behalf of the Caribbean Movement for Peace and Integration and the Caribbean Against Apartheid in Palestine (CAAP), had originally been set for hearing on July 21.

Denny will ask the court, presided over by Justice Dr Herbert Patrick Wells, to rule that Israel is committing genocide in Gaza; that Israel has committed war crimes in Gaza; and that it has committed crimes against humanity in Gaza.

The claimant will also ask the court to rule that Israel is operating an apartheid regime against the Palestinian people, and that a failure by the Director of Public Prosecutions (DPP) in Barbados to investigate and prosecute any person in Barbados involved in the genocide in Gaza constitutes a violation of both the Genocide Act and Article 11 of the Constitution, which protects the right to life, liberty, and security of the person.

Through his attorney Lalu Hanuman, Denny also wants Justice Wells to declare that rigorous screening must be implemented at all ports of entry to Barbados for Israeli passport holders, and that any individual with known or suspected involvement in genocide, war crimes or crimes against humanity must be prosecuted by the DPP.

Denny’s contention is that, if that is not possible, these individuals should be deported immediately by the Immigration Department in accordance with Barbadian law – regardless of diplomatic status.

This case is believed to be the first of its kind in the western hemisphere, as it seeks to hold the State of Israel accountable for genocide, war crimes and crimes against humanity in relation to its continued war against the Palestinian people, according to the claimant’s submissions filed in court.

The matter has also attracted attention outside Barbados and has been covered by several international media outlets. (EJ)