Piers Morgan Uncensored - “NOT a Journalist!” Israeli Strike Kills Al Jazeera Reporters | Scholars Debate Genocide
Episode Date: August 13, 2025The killing of Al Jazeera’s Anas al-Sharif alongside six other journalists in a targeted Israeli strike has divided opinion across the world. The deliberate murder of journalists reporting on a conf...lict is a war crime. But Israel insists that al-Sharif was the head of a Hamas terrorist cell, a claim the UN, Foreign Press Association and major broadcasters say doesn’t have sufficient evidence to back it up. There is some evidence that al-Sharif was a former Hamas employee and, at some point, a supporter. But does this justify such a targeted attack in a conflict which much of the many journalists have simply not been allowed to see? Piers Morgan speaks to Al Jazeera 360 director Jamal Elshayyal and Middle East correspondent Jotam Confino. Then, Netanyahu’s decision to push for the total occupation of Gaza has proved his critics right. So are we now truly looking at a genocide there? Piers asks genocide scholar and international law specialist Professor William Schabas and professor of law at City University of New York, Jeffrey Lax. Piers Morgan Uncensored is proudly independent and supported by: Tax Network USA: Call 1-800-958-1000 or visit https://TNUSA.com/PIERS to meet with a strategist today for FREE Oxford Natural: To watch their full stories, scan the QR code on your screen or visit https://oxfordnatural.com/piers/ to get 70% off your first order when you use code PIERS Pique: Get 20% off your order plus a FREE frother & glass beaker with this exclusive link: https://piquelife.com/PIERS Learn more about your ad choices. Visit megaphone.fm/adchoices
Transcript
Discussion (0)
Is it true that he was working prior to October the 7th in the media department for Hamas?
There is no evidence whatsoever.
You have called Ischal cancer.
If I told the world that Palestine was cancer, do you know what would happen if I did that?
I would be cancelled. I would be fired.
I get away with it because it's factual.
Are you deranged or are you just depraved and spreading the most vile Hamasful backhand I can think of?
I think both.
It's my opinion.
that the courts are ready to make a declaration that genocide is taking place, that it has taken
place. Israel clearly has other motives. Now, are they perfect? No. But I will say this. You can't
call a genocide. The killing of Al Jazeera journalist Anas al-Sharif in a targeted Israeli strike
has divided opinion across the world. An IDF missile was aimed deliberately at a tent used by
journalists on Sunday. Three more Al Jazeera journalists were killed, as well as three freelancers.
The deliberate murder of journalists reporting on a conflict is a war crime. But Israel insists that
al-Sharif was the head of a Hamas terrorist cell.
He does not target journalists. In this strike from two days ago, Dagif targeted Ahmad terrorists,
an act of Hamas terrorists. His position had a few positions in the Hamas terrorist position,
but he was part of their rocket brigade.
He was ahead of the south in the rocket brigade,
and that's who we target.
And I think the question is to be asked,
why is Qamas and why is Al Jazeera having terrorists on their payroll
working as journalists,
and why are terrorists also functioning as journalists with pressists?
I think that those are questions that need to be very alarming,
and we need to ask them about what's going on in Gaza.
Well, the UN reporters without borders,
the Foreign Press Association,
the Committee to Protect Journalists,
and major broadcasters, including the BBC,
say that Israel has not produced sufficient evidence to prove that claim.
There are all social media posts by Al Sharif,
some verified, some unverified,
which indicate clear sympathies with Hamas.
There's also photographs of Al-Sharif with the slain Hamas leader Sinwa.
But the BBC's understanding is that he worked for the Hamas media office
before the current conflict began
and had been sharply critical of Hamas,
more recently. It should also be noted that Hamas is the biggest employer in Gaza. To this day,
it pays the salaries of tens of thousands of people, including civil servants, as the de facto
government. Now, there is evidence that Al Sharif was a former Hamas employee and at some point
a supporter. But does the evidence meet the very high bar for somehow justifying a targeted attack
on journalists in a conflict which independent journalists have simply not been allowed to see?
Well, joining me to discuss all this is the director of Al Jazeera 360, Jamal, and Middle East correspondent Yatam Kofina.
Welcome to both of you.
Jamal, first of all, your reaction to this emphatic statement by the IDF that Anas al-Sharif was a Hamas terrorist?
I think it's disgrace, actually, that people are giving any sort of credulous.
to what the Israeli military is saying.
This is a military that has, for the past two years,
conducted a genocide, the likes of which we have not seen in our lifetime before,
has dropped the amount of munitions that is equivalent to seven Hiroshima's
on a besieged enclave that has been besieged for 20 years now,
has killed more than 20,000 children.
This is a military that has a history of killing journalists,
This is not the first journalist that was killed.
This is the latest, in a string of journalists, actually, Pierce, if we go through one by one,
I'm not sure if we have enough time to go through simply the 270-plus journalists
that have been killed in the past two years alone.
But I want to highlight just a few of those that have been killed over the past 100 years,
either by Israel, the Israeli military, or by Zionist terrorist organizations,
Zionist terrorist organizations here, I'm borrowing the phrase used by the British government and the BBC back in the early 20th century when there was some sort of credibility amongst establishment media and the British political system.
Let's go as far back as 1924 when at the time there was an anti-Zionist Jewish journalist who was Dutch by the name.
name of Jacob Israel Dahan, who was killed by the Haganah, which was one of the key groups that
actually formed the Israeli military afterwards because he wrote anti-Zionist articles in 1924.
Let's go into this century when we're looking at Rafael Shirello, who was an Italian photographer
for Correa de la Sera, who was killed, murdered in Ramallah in 2002.
Or let's look at Shirin Abu Aqla, an American.
Christian, who was snipered by the Israeli military, the day they wanted to go in and commit
more crimes in Janine in the West Bank. And not only did they not rest at murdering her on
camera, they decided to attack her funeral in front of the world because of the impunity
that Israel has. Let's look at the beginning of this genocide in 2023, when they killed
Reuters journalists on the border with Lebanon.
and they killed Isam there and blew off the legs of Christina Abiyasi.
There is a string of perpetual attempts by the Israeli military to murder anybody who wants to show the world the truth of what Zionism is and what Israel does.
So the fact that we are here today in 2025 discussing or giving any sort of credence to serial killers, serial liars, as if what they see,
say bears any weight whatsoever is actually reflective as a shame moron to us as media personalities
and as channels and as newspapers because you wouldn't be sitting down with a serial killer
or a serial rapist and giving them any sort of credence or credibility to what they're saying,
you would see that long litany and long list of their crimes and understand that whatever
they say means nothing. Okay, but just to be specific about
Anas al-Sharif. What is indisputable is that he clearly had a relationship with Hamas stretching back
a number of years. I presume you've done your own investigating to this. It wasn't the first time
he'd been accused of this. He was accused of this while he was still alive last year. So what is
your understanding of what his relationship was to Hamas in terms of employment or support or
otherwise. Pierce, you have several photos hugging Cristiano Ronaldo. It doesn't make you a
Manchester United fan. President Donald Trump has a number of photos with Jeffrey Epstein. I'm not sure
if he's a human trafficker or a child minister. The fact that somebody has pictures, in fact,
Tony Blair, the former Prime Minister of the United Kingdom, has met Khaled Mishal, the head of
the Pala al-Hamass four times during the period that
or the period that Anas-S-S-S-S-Sherif met
Hamas leaders. The fact that journalists take pictures with people
means nothing whatsoever.
Yeah, but that was my question.
So if that's the evidence that we're meant to go by.
But Jamal, Jamal, you want...
But that's not the only evidence, as you know.
And listen, I just want to try and get to the facts here.
And it's difficult because a lot of misinformation
is being deliberately put out on social media
to smear Anas-Al-S-S-Sharif.
I didn't know him.
You, I presume.
did know him. And, you know, it appears, and we're going to go to our other guest in a moment
who has a lot of damning allegations to make, which I will then come back to you about. But from
your understanding, is it true that he was working prior to October the 7th in the media
department for Hamas? In other words, was employed by Hamas, or is that not true?
There is no evidence whatsoever that has been independently verified by any credible organization
that gives that whatsoever.
But you know what?
Let me entertain this ridiculous assumption
that some people are making
to try and smear and try and defend the indefensible
for a serial killing entity
that has killed, like I say,
more than 270 journalists in the past,
less than 24 months.
If there was somebody who worked for the media,
for argument's sake,
for the media entity of a governing body
or a political party in any, let's say, in Ukraine,
and the next day the Russians decided to send an armed drone
without presenting any of that evidence, without trying to arrest them,
without trying to accuse them of anything whatsoever,
and murdered them in a civilian area in front of a hospital,
a hospital which they, by the way, destroyed and demolished and burnt out
and claimed was a Hamas cell, and it evidently wasn't,
which is Al-Shifa Hospital,
and we can go into the litany of lies that they used to justify
bombing and destroying hospitals, universities and schools.
Is that justifiable?
The fact that we're even having this conversation is bizarre to me
when we are watching live streaming of a genocide
that these journalists have been risking their lives,
risking their lives in this ridiculous hope
that the world will wake up one day
and see that our collective humanity is being massacred
by an unhinged group of people
who, because of their impunity,
and because we've drunk the Kool-Aid for the past 70, 80 years,
years and because media, mainstream media in the West, has gone along with it, they can get away
with anything. So the fact that this discussion even is taking place is bizarre.
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Okay, but the discussion is taking place, as you know, because the IDF identified Anas al-Sharif as a Hamas commander,
and they have used that as the justification for directly targeting him.
Now, before I go to Yotam, just to be clear, if he had been a Hamas commander,
in other words, involved in Hamas, you know, combative operations, would you accept he would
have been a legitimate target? It's a hypothetical, but would you accept that if in that context,
he had been a Hamas commander, and that was established as a fact, would you accept that it was a
legitimate strike? Pierce, Pierce, if you don't mind, because if we go into hypotheticals, we can,
it's never ending. Al Jazeera abides by Ofcom. It is a multi-award winning institution that has been
acknowledged for its brave journalism.
It's award-winning journalism, be it the RTS Awards that we've won on numerous occasions,
Emmys, P-Bodies, and so forth.
Anna C-S-S-Sherif is a Pulitzer Prize-winning journalist who risked his life in the face of the most barbaric military ever
to be seen in modern history over the past 22 months.
What we should be discussing and what people should be looking at is how on earth we have allowed for ourselves to normalize a discussion
around the targeted assassination of a 28-year-old father of two
who all he did was stand in front of a camera and tell people what was going on.
The basis and the premise of journalism is to speak truth to power,
is to report that which those in power do not want reporting.
Right now, those in power have made us believe that the premise of reporting
is to take for granted what they said in some sort of sense.
subconsciously racist way because his name is Anasheed,
and not John Smith, that there is some sort of possible,
plausible justification for murdering him in cold blood
in the evening in a flimsy hospital tent
outside a burnt-out hospital. And that is what the public of the world
knows now, even though the media is still slow to catch up, that this is
a disgraceful lie that nobody is willing to stand forever again.
Okay, okay. Let me come to your Tam Kovino. Thank you for your patience.
You're a Middle East correspondent. You've done a lot of research into this, and you believe you have damning evidence to support the IDF claim. I understand that Anas al-Sharif was a Hamas combatant, terrorist, whatever people want to call him.
What is your evidence for this? And I will then go to Jamal to respond.
First of all, I don't have damning evidence that he was Hamas member.
That's also not what I tweeted.
All I did was I tried to explain to the world that the way that he was glorified by other journalists
as some sort of a hero who spoke truth to power is nothing but a lie because I plowed through
his telegram account just to see which kind of person he actually was.
And Pierce, I've carefully put out all of the documentation, all of the documentation, all of
of the screenshots of everything on Twitter for everyone to see.
It is, without a doubt, a person who not only supported Hamas outright,
he had friends who were Hamas combatants who he mourned when they were killed.
He commemorated slain Islamic jihad leader Abu al-Ata, who was killed in 2019.
He praised October the 7th as it was happening.
He praised a terror attack that killed seven Jews outside.
a synagogue in 23, he called a heroic. He called it heroic when a Palestinian terrorist went
into Tel Aviv and killed three people. So I'm not here to say that Anas was a Hamas member because
I'm still going through the evidence and I'm waiting for more evidence from the IDF. But what I will say
is that I will not put myself in the same category as this guy who openly praised terrorists and who
openly supported Hamas because that's not what a journalist is. It's quite the opposite of what a
journalists should be doing. How do you know the stuff that we've just been looking at?
I mean, I'm nice if we were to direct those journalism and advice to the Israeli journalists who've been
praising and calling for the leveling of Gaza and for the destruction of every single house and
school and university and hospital in Gaza and have been calling for a genocide.
That aside, Pearson, I apologize to intervene here. But one thing, I wanted to wonder, I mean,
was Shereena Abaqla, was she a Hamas commander, was Tom Houndel, a British photography student,
who was killed in Gaza all the way back in the early 2000s,
was he a Hamas member.
That was the line of the list of over 200 journalists.
The point is, till this day,
there's not a single investigation that has been conducted,
that has convicted a single person,
a single person in the Israeli military
for killing more than 400 journalists over the past 100 years.
As you were talking earlier,
we were showing a lot of the stuff that you have posted,
which appears to come from Anas Al-Sarese's telegram account.
There are questions about the veracity of a lot of that stuff
that's been whizzing around the internet.
How convinced are you that what you posted is accurate?
And how do you know?
Look, it's his telegram account with more than 140,000 followers.
He opened the account back in 2017.
He posted vigorously for years.
It is his account.
it is his reporting.
I have no doubt about it.
But look, I don't understand
how a colleague of his
can defend him
when he openly supported
Hamas. And if you don't believe the
screenshots that I put out, there are many more.
You know, you don't hang out
with mass murderers. You know, you don't
post pictures when you're smiling with Osama
Bidladen. The only reason why we accept
this is because the world has
gone into a mass psychosis and thrown
journalistic integrity out the window.
when it comes to Israel and Hamas.
We're willing to glorify a guy like Anas,
who's openly a Hamasam reporter,
and to call him a great journalist when he's not.
And by the way, Jamal, I went through your Twitter
just to see what kind of person you are.
You have called Israel cancer.
If I told the world that Palestine was cancer,
do you know what would happen if I did that?
I would be canceled.
I would be fired from every single outlet that I work for
within an hour. For some reason, you get away with it because you work for Al Jazeera.
I also went through what you did on October 7th. You put up a screenshot or you commented on...
I get away with it. I get away with it because it's factual.
Palestine has not bombed seven countries... It's factual, but Israel is cancer.
A few months. It has not massacred. It has not massacred. It has not massacred over 50,000 people.
does not have the same bloody record that Israel has
in terms of murdering doctors,
in terms of murdering children,
in terms of murdering the elderly.
So, of course, when you look at an entity...
Jamal, Jamal.
There's not...
That's a fact.
Hang on. Hang on.
All right, I want to ask Yotam.
You mentioned October the 7th
and something that Jamal posted that day.
Just say what that is.
Then I have a question for Jamal about October the 7th.
Thank you, Piers.
Thanks for letting me talk,
because Jamal, you've spoken a lot,
please give me time to just explain what it is.
You know, if you wanted to,
you could have deleted all these things from your Twitter,
but you didn't.
On October the 7th, you posted a video of Shiri
and Ariel and Kfir Bipas
who were kidnapped by terrorists in the morning.
And I'm quoting you here.
I'm reading your tweet.
Palestinian fighters instruct that this settler,
that is Shiri Bibbas, a civilian woman,
and her children are protected,
noteworthy that there have been no
reports of any children being targeted despite fighters controlling several illegal settlements.
Not only are you spreading the most blatant fake news that you can on a day where an ongoing
actual genocide is taking place about children not being killed. I've seen videos of Hamas
members executing children. And you're saying you're calling this woman a settler. She lives in
Israel proper. She's not from the West Bank. And you're somehow excusing,
what this person is doing.
Then there's another tweet where you're seeing a Hamas,
the mass Hamas terrorist, inside a bedroom of a civilian,
and you're saying Hamas fighter filmed inside an illegal Israeli settlement
while an elderly settler lays in bed seemingly unharmed.
Are you deranged, or are you just depraved and spreading the most vile Hamasful backhand I can think of?
I think both, and I'm sickened to have people putting you and me in the same category.
you're not a journalist, you're a Hamas for Begandis,
and apparently you're also okay with people being slaughtered on October the 7th.
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All right, let me ask you, Jamal, to respond.
Well, Jamal, I'll ask you to respond to that.
Oh, sorry, go.
Well, my question would be a question.
I asked a lot of guests in the first few months
after what happened October the 7th on the pro-Palestinian side,
which is a very simple one, which is, do you personally,
Jamal, condemn what Hamas did
on that day.
Pierce, let me respond to what Jotem said first, if you don't mind,
because what he's done was he's quoted what has been written.
What was written is a very journalistic approach
to describe factually in real time what was being posted as a video.
So when you have a video of a fighter, he is a fighter
with an elderly person in bed,
and that elderly person is seemingly unharmed, right?
That is a factual description of what the video shows.
When the videos that had appeared throughout that time until the time of posting do not show any children being harmed.
And you say that there are no children being harmed.
That is a factual description of what is happening.
Journalism 101 is to describe factually based on what you can verify at the time.
But did you post any video showing people being harmed?
What's at all?
No, but did you show, did you post it?
But Jamal, did you post any?
Jamal,
Jamal, did you...
I actually don't know.
Let me ask you a question.
Did you...
Surely you'd remember
if you posted any videos of people
actually being harmed
because Hamas were gleefully
reposting their own footage
of their murdering and torturing
and shooting
and attacking people.
Pierce, I don't...
I genuinely do not remember every tweet that I've tweeted.
I've never...
My tweets are public, people can see them,
there's nothing to worry about.
And to be honest, I actually, the thing is there is a very clear derailment here of a discussion about the brazen assassination of not one, not two, but seven journalists by the Israeli military in a civilian area, in a hospital to come and talk about my own personal tweets.
I'm more than happy to come after another episode and discuss all of those.
There's nothing to hide there.
And that's irrelevant to what I'm talking about here.
All right, Jamal.
Jamal, Jamal, we can talk about more than one thing at once, and they're all interlinked.
So in answer to my question, do you personally condemn what Hamas did that day?
This is not a discussion at all that I'm going to get into PSY, because I'm here to represent
Al Jazeera to talk about the murder.
You've been very, very condemnatory.
Jamal, Jamal, Jamal, hang on, please.
Jamal, you've been very, very condemnatory, and I've allowed you to talk at length.
in your most condemnatory way about Israel and the IDF.
And you're perfectly entitled to that opinion.
But I'm also perfectly entitled in the question of balance.
You talk about truth to power and being fair as a journalist.
I don't think it's unfair to simply ask you,
if you as an Al Jazeera representative,
whether you condemn the terrorist attack on October the 7th,
because I thought that it was one of the most despicable things
that I've ever witnessed as a journalist.
Now, that's your opinion and you're more than how.
But what is your opinion?
And you are more than welcome.
I'm going to tell you now, if you don't mind, that is your opinion,
you're more than welcome to it, right?
If Hamas is to kill or target or arrest any, I'm speaking now as a journalist,
and as my capacity within Al Jazeera,
if they were to attack or kill or harm any journalist,
I will condemn them instantly within the capacity that I'm talking to you now.
If you are asking me, let me borrow the words of the great Muhammad Ali boxer.
Let me borrow the words of Muhammad Ali.
Muhammad Ali, when he was trying to be conscripted, to fight in Vietnam, told you what?
He said, no Via Cong called me and no Viacong tried to enslave his people.
I'm telling you now, as a journalist, Hamas did not kill my people as journalists, my colleagues.
They did not detain.
So when you're telling me, you've been very condemnatory, I'm being very condemnatory
of an Israeli military
that has killed
more than a dozen,
more than a dozen of my own colleagues
within Al Jazeera alone
that has destroyed our offices.
And this is what we're talking about.
Yes.
Yes, we're talking about actually a number of things.
Can I respond, please?
Well, one second, Your Tam.
I'm just going to give you one more chance,
Jamar, because you've avoided the question,
and you may have your own reasons for doing that,
but you talked very strongly against
the IDF in Israel and what they have done.
And I think it is entirely reasonable
for me to just ask you one more time.
You don't have to answer,
but it'd be very telling if you don't,
in my estimation.
Do you condemn the slaughter of so many civilians
and the kidnap of so many civilians
on October the 7th?
I condemn the slaughter of any civilian
anywhere in the world.
It's as simple as that.
And that is my personal thing.
I do not believe a single civilian
regardless of their race, regardless of their religion, regardless of their political belief, any civilian, anywhere in the world, should be killed.
And that is a consistent belief that I have always had as a human being that believes in the sanctity of human life.
And that applies to regardless of who the perpetrator is, there is no justification for the deliberate killing of any civilian, regardless of their gender, their age, their...
skin color, their religion, whatever their beliefs may be.
Okay, thank you.
I got a clear answer there.
Now, what I would like to hear, if that's the case, Mr. Jatam...
Hang on, Jimon, I'll...
I will conduct the interview.
I will conduct the interview if you don't mind, Jamal.
Let me come back to Yotan, Yatam.
Listen, if I had just done the same interview as Jamal had done,
I would have committed career suicide, but Jamal gets away with it,
no one gives a shit because he works for Jazeera.
And nobody cares because he can quite literally sit here and escape and avoid condemning
Hamas, lie about what happened on October 7th.
Lie, lie, lie, lie.
And you'll get away with it.
If I said anything, even remotely close to what he did, but like, do you reverse?
Done.
You would never see me in the media again.
Because we hold my kind to a different standard than we hold people like Jamal.
A guy who works for a network who's funded by Qatar.
a state that employs modern-day slavery, that bans homosexuality, that deliberately,
deliberately oppresses women. That kind of person, by the way, who's also having Hamas leadership
in that country, he sits here and lectures us on journalism. Hamas and Al Jazeera are the same thing.
You won't find an Al Jazeera journalist inside Gaza who covers demonstration.
against Hamas, Hamas executing civilians,
Hamas using hospitals, schools for military purposes.
You won't find it because you know what will happen?
They'll kill them.
There's actually a good Palestinian journalist
who is right now fearing for his life
because he's one of the few who dared go up against Hamas inside Gaza.
And his name is Omar Abu, and I'm texting with him.
He is scared to death because Haas had been after him
because he actually does his job,
unlike Anas and unlike Jamal, who are marked pieces of Hamas,
and it's sickening to sit here and listen to it.
But your time, L'Am, just to be clear, do you accept,
because the BBC says that this evidence that Anas al-Sharif was a Hamas commander is insufficient,
as do many other bodies, many have attacked this around the world in the journalism community,
as you know, do you accept that if hard evidence does not emerge that Amas al-Sharif
was indeed an active Hamas commander,
then what happened in the direct targeting
of him and his journalist colleagues from Al Jazeera
and those working with them was a war crime?
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Yes, absolutely, peers.
not here to justify the killing of journalists. That is not what I'm doing. That's what people
misunderstand. This is a two-fold discussion. There's A, do we have evidence that he was a
Hamas member? I'm still plowing through it, trying to figure it out. B, was he actually a journalist?
And I think we need to have this discussion, because today you can put on a press vest and you can
go and hang out with the Hamas people, spout their propaganda, glorify terror, and then go out
and report again in my book, that's not journalism. And I want to ask you, Pierce, back when
you were editor-in-chief of the Daily Mirror, would you have employed somebody who
applauded 9-11, hung out with Osama bin Laden, and then went out and did coverage for you
on the ground? Well, my answer about Annes-Al-Sharit is more and more, hang on one second,
Jamal, I'll come to you. Jamal, I will come to you. He asked me a question, Jamal.
Would you have massacred him?
No, Jamal, he asked me a question. Let me respond to that. I believe there is more and
more evidence coming out, some of it clearly reliable, some of it not reliable, about
Anas al-Sharif, and I will reserve final judgment about this until we know a fuller picture.
But as things stand, I have not seen any concrete evidence that he was a Hamas commander.
And if that is not the case, if what the IDF has said is not true, then this has been a despicable
slaughter of journalists, and that is a war crime. And I do think that Jamal is completely,
completely right to keep pointing out that over 200 Palestinian journalists have been killed in this war so far.
They're the only journalists allowed to operate in Gaza, which in itself, hang on, which in itself is disgraceful
and a stain on this Israeli government. I've been on at Netanyahu about this for many months,
that he's got to let journalists in to do their job. And if the only ones that can do it keep being killed,
it is one of the most perilous places now in modern history for journalists.
to operate. And as a journalist, you ask me
how I feel as a journalist, I feel
that that is a disgraceful
set of circumstances. However,
I'll come back to you, Jamal, here
for this. If it does turn out
that Anas al-Sharif,
if there is concrete evidence
produced that he was a Hamas commander,
would you revise your position
that this was an unjustified attack?
So there's two things here
with that question, Pierce.
Naturally, if
it transpires that anybody who
within Al Jazeera turns out to be not who they are,
then of course there is a revision of anything.
And as any professional institution, you would do that.
That is something.
But to even justify extrajudicial killing,
let out of anybody without any sort of trial,
without any sorts of transparency by a military,
like I say, if you don't mind,
I'm just going to go through a few numbers
because it's not just journalists that we're talking about here
that have been killed.
You're talking about more than 800,
teachers and education staff at universities. You're talking to, according to Doctors Without Borders,
more than 1,000 medical staff in the past 22 months. Civil Defense staff, more than 122.
Ambulance staff, more than 144, including the 15 paramedics that the Israeli said,
buried in a mass grave and said, oh, by mistake, they weren't, and so forth.
My point is, what is happening right now, and this is the framing that needs to take place
if we are to salvage what little left we have over our humanity
and what little left we have of journalistic credibility
in the mainstream media in the West,
is that the framing and narrative is this.
Israel is currently committing genocide, epistemicide.
It is trying to gut Gaza of every single profession that is there.
It is not simply trying to make it unlivable.
It is trying to ethnically cleanse it
and get rid of anybody who has any kind of,
capacity within Gaza to build or rebuild a society.
Therefore, any accusation or justification that comes from a military that is so hell-bent
on killing humans, we're talking about more than 20,000 children, peers, 20,000
children is almost the amount of children that are in West Sussex.
You're talking about the amount of hospitals that have been destroyed is equivalent to the
amount of hospitals in Birmingham, Manchester, and Leeds, the second, third, and fourth,
largest cities in the UK. So when we're talking about that, how on earth are we even giving
any credence to what they're talking about when they want to justify? Shereena Barclay,
Palestinian-American Christian reporter.
I'm going to have to... Jamal, here's the bottom line. We're going to have to bring this part of the
debate to a conclusion. The bottom line for me,
is that what happened on October the 7th was a despicable terror attack
and that Israel had a moral duty to defend its people from further attacks.
My issue with what's been happening this year
is that it is increasingly moved away from any form of justified self-defense
into what appears to be an attempt to take over Gaza, expel all Palestinians,
and that to me would be ethnic cleansing and a war crime.
And I do think the way that journalists have been treated
and it's complicated because clearly some of those journalists have been established to have been active members of Hamas, but many have not.
And so it's a complicated situation, as it is with many wars.
And the issue about Anas al-Sharif really comes down to one thing.
If he was an active Hamas commander, then you could construct an argument as the IDIF have done, that is a legitimate target,
although many others died in the same strike.
And there's a different argument about collateral damage when other people are killed.
if you target a terrorist.
However, and this is a really important.
However, I have not seen enough evidence
to suggest he was an active commander,
and if it turns out that he wasn't,
then what we witnessed was a war crime.
I've got to leave it there.
Thank you both very much for the discussion.
I appreciate it.
Well, Benjamin Netanyahu's decision
to push for the total occupation of Gaza
was greeted by his critics
with a pain sigh of, I told you so.
Many have long argued that the real objective of this war
was occupation, control, and forced displacement.
With the exception of the United States, there's been well near unanimous condemnation
for world leaders who clearly want to distance themselves from a period which history may judge in the most severe terms.
A few weeks ago, I interviewed genocide scholar Omer Bartov, a former IDF soldier, who said this war is now clearly a genocide.
Many people responded, some to substantiated his conclusion, and others to entirely refute it.
As the IDF now barrels into another escalation, we're going to have that debate.
Well, joining me now, two debates.
debate this is Professor William Shabas. He's a genocide expert, an international law specialist
at Middle Sex University. And I'm joined by Jeffrey Lacks, Professor of Law at the City
University of New York. Welcome to both of you. Jeffrey Lacks, I could start with you.
This ongoing debate about whether what Israel is now doing and has been doing in response to
October the 7th now constitutes a genocide. Your response?
Well, first of all, I think it's way too premature to make that calculation right now.
The ICJ is investigating it.
They have spoken out about it already, and they have not declared a genocide.
They have warned that there is plausible possibility that a genocide could occur,
so they're giving guidance to Israel, but they have clearly effectively not declared any genocide.
And I just want to point out one thing that a lot of people I've seen all your show,
and I appreciate peers, you give me this.
time, you know, people throw out that word genocide, and I see it as a trope, because genocide is a
very specific definition, which I hope my colleague will agree with in a moment, which is that you
must prove absolute intent. That is the main thing, that the only intent of doing what you're doing
militarily is to wipe out either a race, a nationality, a religion, or a racial group.
And in fact, in two of the most egregious cases in history peers, in Dhar, Sudan, in Dhar, Sudan,
was not even charged, if you could believe it, with genocide.
Because one of the things the UN actually said was there may have been other, as crazy as the sounds,
there may have been other reasons why 300,000 people were massacred in Sudan.
And another case was Serbia, Bosnia versus Serbia.
Same kind of situation where Serbia was actually not prosecuted.
In fact, here's, no country in the history of the world has been.
been actually found liable for genocide. Israel would be the first ever. So you would have to tell me
that Israel is the worst of all the cases that have ever occurred. And let me just finish this.
I'll finish quickly here in terms of Serbia and Bosnia. The court, the international court of
justice said in Bosnia versus Serbia that we're reticent. We're not going to, we can't find
genocide here because the only, the only possible inference from military action has to be,
that genocide was the only goal of the military action.
And clearly that's not, I hope I'll get a chance
to talk about this more in a second,
clearly that's not the case in Israel.
There's a lot of motivations going on with Israel.
Professor Likes, thank you.
I will come back to you.
Professor Chavez,
the argument from Netanyahu and others on the Israeli side
is quite straightforward.
They say they have the military capability and the firepower
that if their intention was to wage genocide and government,
they could have done that instantaneously
and blown the whole place to pieces in a few days.
That is the argument.
What is your response to that argument?
Yes, well, you know, let me start by saying
I've been studying this genocide convention,
which is the issue here for more than 30 years.
I've taught it.
I've written a book on the subject,
more than I've written countless journal articles.
I've read every judgment of the international courts
and tribunals,
times, I've read all of the debates when the convention was being adopted.
This argument that we hear, which is that they could have killed more people, they had the
opportunity to kill everybody or many more people, and they haven't done it.
And so therefore, how could they be genocidal?
Doesn't correspond to what the judges have said.
So Jeffrey Laxas just mentioned the famous judgment of the International Court of Justice.
in 2007. They didn't say the genocide didn't take place. They agreed that genocide had taken place
at Srebrenica, where there was this notorious massacre in 1995 over the space of three or four days
in July. And when that took place, there were seven or eight thousand Bosnian Serbs who were
murdered by the, not Bosnian Serbs, Muslims rather, Bosniaks, by the Bosnians, by the Bosnese,
the Bosnian Serbs and they were and the women and children were taken to safety. Now nobody there
suggested credibly that that couldn't be genocide because they took people away, they saved people,
there were people they didn't kill. They had the opportunity to do that. We know that even during
the Holocaust, so I'm not a historian, I'm a lawyer, but I know lots about the Holocaust. I come from
a family of Holocaust survivors. I had a great aunt who survived the Second World War in Berlin.
And so they didn't, the Nazis didn't kill everybody. They were prepared to make deals, for example,
to trade Jews. They tried to do it with the Hungarian Jews, to trade them for military material.
It didn't work out. But you know, it's a mixed, confused situation when genocide takes place.
And this argument that they could kill more people, so it can't be genocide, because they're missing that opportunity.
First of all, I find it to be wrong, morally wrong as an argument.
But more than that, it's been rejected by the courts.
It's not an argument that the courts accept.
So when I make conclusions about this, I'm doing it as a legal scholar who studied these judgment.
I'm trying to understand where this case of South Africa is going to go.
What's going to happen?
What are the judges likely to do?
That's really what we should be addressing rather than throwing around the term genocide
and saying, well, do I think it's a genocide?
No, it is.
No, it isn't.
We have to be looking at what the courts decide.
And it's my opinion that the courts are ready to make a declaration
that genocide is taking place, that it has taken place,
and they're ready to do it and are likely to do it in the South Africa case.
But, of course, I've been to court often enough to know that you can never be sure of the outcome.
And Professor Shabies, before we go back to Professor Lacks, on what you have seen,
and one of the problems with what's going on in Gaza is that because international journalists have been banned from operating there,
it is very difficult to verify a lot of the claims and counterclaims that come out of this war.
That is one of the problems.
There's no real transparency here.
You're reliant really on the Gaza Health Ministry on the Palestinian side,
which is not the most reliable.
I'd be the first to concede that,
although historically, their casualty numbers have been broadly accurate.
But then you have, on the IDS side, constant dissembling,
and we're going to launch an inquiry and investigation,
nothing ever seems to happen, denials and so on.
And it's very hard for anyone to really get to the bottom of what's actually happening,
because independent journalists can't operate there.
But from what you have read and seen in this war,
what has led you to believe
that what we're witnessing here could constitute a genocide?
You know, I came to my own conclusion about this over time
and cautiously, because I have always been hesitant
to jump to the allegations of genocide.
There are many very spurious allegations of genocide.
out there. There are some where there's a strong case, but with flaws in it and weaknesses. So I
always approach these with, I don't want to say a grain of salt, but hesitantly. I was shocked
by these notorious statements that were made in October of 2023 by Netanyahu, by Gallant,
and by others, and many subsequent to that as well. But at the same time, I realized that
statements like that, people in the heat of the moment, in the reaction to the events of the 7th of
October, that some of it might have been excessive. I was waiting to see how things would play out.
And then, of course, to see this terrible destruction that was wreaked on Palestinians,
growing doubts that really the war aims, that the purpose, the purported purpose of the attacks on
Gaza were saving the hostages and defeating Hamas did not seem to be taken as seriously as all that.
I think Israel probably, the IDF probably killed more hostages than they actually rescued,
and that really there was another purpose at work.
And so I combine those things also with the growing evidence of the, I don't even think
this is controversial, that the current regime in Israel wants to absorb Gaza and wants to absorb
the West Bank and to expand the borders of Israel so that they go from the river to the sea.
And if they do that, as long as the Palestinians are there, they end up with a territory,
with a single state, with a population that's about 50% Palestinian Arab.
And they can't handle that.
That can't work for them.
And so they've got to do something with the Palestinians.
And if they had all packed up their bags and left in 1914,
In 1967, in 1967, last year, this year, problem solved, in a sense.
But the Palestinians haven't done that.
They have nowhere to go anyway.
But they're perfectly entitled to want to stay where they live, where they belong.
It's their home.
And they're not so they're not going.
All of those things, take it together.
Yeah.
Paint the picture.
Please finish your point.
I think the judges at the International Court of Justice are going to find compelling.
Okay. Professor Lacks, I mean, my issue, let me just ask you a question first, if I may.
The problem I have is that when you listen to people like the Finance Minister Smodrich or Ben-Givir,
they're now being utterly unashamed in what they believe they want to happen.
They want to see the Palestinians expelled from.
Gaza from the West Bank.
They want to occupy Gaza.
They want to take it over.
Smodges was saying it only two days ago,
but saying that Netanyahu doesn't agree with him,
but he's carrying on having that argument behind the scenes.
And I think a lot of the language people like him have used
is almost unashamedly genocidal,
or certainly unashamedly supportive of ethnic cleansing,
which in itself would be a crime.
What do you feel when you hear people like him?
And the argument I hear is, well,
He's not an influential player in the cabinet, but that's clearly very disingenuous.
He clearly has been very instrumental, and he's clearly behind the scenes driving what many people believe to be, an extremely right-wing Israeli government, doing things which many Israelis and Jews around the world simply don't agree with.
What would you say to that?
Well, that's a complex question, and I hope you give me a chance to answer.
There's a couple different angles to that question.
first of all, if you look at history,
if you look at one of my heroes,
Winston Churchill, who I think is also one of yours,
he said some pretty crazy things during World War II, too.
He said he's going to meet out to the Germans
beyond the measure of what the Germans met it out to the Brits.
And, you know, nobody talks about that as something that was genocidal.
So what one radical, I don't align,
if you ask me, do I personally align with those comments that you shared?
No, I absolutely do not.
And I also want to say to you and to your view,
that I am not minimizing even remotely the horrors that Palestinian civilians are suffering.
I acknowledge that. I think it's horrible. I have a ton of students in my class who are Palestinians
who I care about, who I love, and who I get along with very well. But if I may peers,
so I want to actually, you know, I want to validate exactly what you said. I don't align with
those people. But I also want to go back. I really appreciated that Professor Shabazz or Mr.
Mr. Shabas, I'm sorry, I'm not sure, did not contest anything I said about the proof of intent.
The only thing that matters is intent.
And if you have, because, Pierce, the designation of genocide has never, never been applied to any country ever.
Israel would be the first one ever.
So that's why it's so important.
It's not just a term.
It's a major finding.
And the court has been consistent.
I think Mr. Shabas will agree that it has to be clear.
that was the only motive. How else do you explain that in Darfur, 300,000 civilians were killed,
that they were not prosecuted as a country for genocide. It is unbelievable, but what did the
courts say? There may have another reason. So I just want to end with this peers. I don't want to
take up too much of the time, but I think this is super important. Israel clearly has other motives.
Now, are they perfect? No. Is there validity to what you're saying? Maybe. I don't know the real
numbers. I'm not going to sit here and claim it's one to one. I don't know that. I could never prove that.
But I will say this. You can't call a genocide. And the reason why is Hamas has said clearly
that they will conduct 10-7 over and over and over again. So you can't tell me there's not another
legitimate motive by Israel going on here. That's my position. And I think,
think you could call it a lot of things maybe and we could discuss that. But one thing is clearly not.
And I don't know how Mr. Shabas could predict genocide when it has never happened before.
I mean, literally, it's never happened before. So to predict it is insane to me because you look
at Darfur, if it didn't even happen there, I don't know how you can say it can happen here,
whether it's a clear, genuine motive for Israel to protect their civilians.
Professor Sheab is a lot to unpack there, but I mean, there is merit to that argument.
There's no doubt that from their own mouths, Hamas have made it crystal clear that they represent an ongoing existential threat to existence of Israel.
They are wedded to eradicating Israel.
It was in their original charter.
And they displayed on October the 7th a desire to kill as many Israelis that they could possibly kill in the period of time that they were over the border.
So I don't think there's any doubt that they themselves are genocidal in their intent.
But it's a really interesting point, Professor Lax made, I think.
If you can't even designate what happened in Darfur with that death count as genocide,
would it not be incongruous to categorize what's happened in Gaza
with a significantly smaller death toll as genocide?
And to secondary to that, my point that the rhetoric appears to be leaning towards a form of ethnic cleansing,
which to be clear would also be a criminal act.
Is that a more accurate way to describe what may be happening here?
You know, first of all, a couple of clarifications.
It's not accurate to say that the courts have never ruled that genocide took place.
The International Criminal Tribunal for Rwanda issued scores of judgments condemning people for genocide.
There are people today in jail as a result of the Rwandan genocide.
We have a judgment of the extraordinary chambers of the...
courts of Cambodia that found that genocide was committed against two minority groups in
Cambodia. People were sentenced to lengthy prison terms there. The Darfur situation, and I
think what Professor Lax is referring to, is it's not a judgment of the court. This never went
to the International Court of Justice. It was never taken to the International Court of Justice.
There was a report by an expert body commissioned by the United Nations Security Council and
delivered its report in January of 2005.
And that report analyzed the situation and said,
you know, this looks like crimes against humanity,
but we're not convinced that all of the elements of genocide are present.
So we could go into the details and look at that report.
It's not as if the question was ducked or avoided,
but it's never been determined judicially either.
We have a case ongoing now against Myanmar
at the International Court of Justice, there'll be a determination of that as well.
So, Pierce, as to your question now about ethnic cleansing,
I know that this is one of the arguments that gets put forward,
or one of the explanations saying it's not genocide, but it's ethnic cleansing,
and that's different because ethnic cleansing is about a different intent.
And it's this idea that if you can prove that there's a second intent,
than that outweighs or overrules in a sense
the existence of the genocidal intent.
I don't think that's the case.
I don't think that's true or accurate in law.
You're not going to beat a case in court
if you're charged with committing a crime
and you say, well, I had another intent as well,
or I have another intent as an explanation.
Nobody got off with that kind of a defense.
And the argument at the International Court of Justice here is going to be, do all of these elements add up?
Now, the International Court of Justice has also addressed ethnic cleansing.
And it addressed in the Bosnian case and in a subsequent judgment in 2015 that I was counsel in that case.
I know that case intimately, the issue of ethnic cleansing arose as well.
And in both those cases, the court said you cannot draw a bright line between ethnic cleansing
and genocide.
I think it's more useful to think of them
as being a bit like a spectrum,
but there's no sharp division between them.
And they've said sometimes
the intent to ethnically cleanse
can be genocidal as well.
So establishing...
I'm sorry. I'm sorry. I didn't mean to interrupt.
I thought you were done.
Just one last point, Jeffrey,
before you take the floor,
and then I'll shut up in the second.
But you didn't speak to my point
about Srebrenica.
Srebrenica with the fact that they actually found it was genocide,
both the judgments of the Yugoslavia Tribunal,
and then that was endorsed by the International Court of Justice,
and they found it Serbia.
Serbia was not responsible for committing it,
but they were responsible for failing to prevent it.
We're talking about 7 to 8,000 people in a population of about a million and a half,
not 60,000 people in a population of 2 million,
but 7 to 8,000 people, much.
smaller, and where they explicitly took the women and the elderly and the children out of harm's
way. And yet they accepted that as genocide. Do you disagree with that? No. Okay. And I'm so glad.
Let me get a, let me go. Professor, Lex, final word to you. We're running out of time,
but final word to you. Yeah, no, I agree with everything he just said. I want to clarify because I think
there's a little bit of wordplay here. The International Court of Justice has jurisdiction over countries.
They have never found any country liable for genocide.
What Professor Shabas is talking about is individuals in the ICC,
because the ICC has jurisdiction over individual people.
So if you have specific issues with specific individuals,
the ICC confined it, and he knows this is true.
So my point remains.
And by the way, Mr. Shabas, you never addressed this entire interview,
the issue of if there is any legitimate reason to conduct this military action,
there is no genocide.
and the International Court of Justice has said that repeatedly.
So, Pierce, I just want to end with this.
It would be the first time in history, and I'm sure he would agree with me,
that any country, Professor Chavez is talking about individuals charged with genocide.
That has happened, and it has happened with, like he said,
in that one case with the 8,000 people who were murdered.
But never, ever in the history of the world,
has a country been found by the ICJ guilty of genocide,
not even in Darfur.
So you would have to convince me and the court
that what's happening right now in Gaza
is worse than Darfur.
No, no. They never had a case in Darfur.
Okay.
It's been a fascinating debate.
I want to thank you.
I've got to end it there, guys.
I'm sorry, but it's been a great debate.
I've got to say,
I appreciate the tone that you've both conducted this debate.
It makes a refreshing change
from some of the screaming matches
we've had about this very issue.
And I've actually learned a lot,
which is also hopefully what viewers at home will conclude.
I've learned a lot about this whole issue of genocide
and ethnic cleansing and the courts,
which I didn't know before the debate started.
So that for me is a big tick in terms of what we're providing to our viewers.
So thank you both very much.
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