Barbadian court hears genocide case over Israeli war crimes in Gaza

In a potentially landmark action for global justice, the Caribbean Movement for Peace and Integration (CMPI) has initiated a pioneering case in the Supreme Court of Barbados, urging the government to address Israel’s ongoing genocide in Gaza.

The legal motion calls upon the Barbadian government to adjust its foreign policy in accordance with its commitments under international humanitarian law, in light of increasing evidence of war crimes, genocide, and crimes against humanity perpetrated against Palestinians.

The case, submitted by CMPI Secretary David McDonald Denny and spearheaded by human rights attorney Lalu Hanuman, who additionally holds the position of Secretary for the Caribbean Against Apartheid in Palestine (CAAP), identifies multiple senior Barbadian officials and agencies as respondents.

These respondents comprise Minister of Foreign Affairs and Foreign Trade Kerrie Symmonds, Attorney General Dale Marshall, and Director of Public Prosecutions (DPP) Donna Babb-Agard, as well as the Immigration Department.

The petition requests that the Supreme Court of Barbados make six essential declarations:

It demands that the top court recognizes that Israel is committing genocide in Gaza, has perpetrated war crimes, is guilty of crimes against humanity, and enforces an apartheid regime against Palestinians.

The petition also noted that the failure of the Director of Public Prosecutions (DPP) to investigate individuals in Barbados connected to such crimes violates both the Genocide Act and Article 11 of the Constitution, which guarantees life, liberty, and security.

Moreover, Barbados is required to enforce rigorous border screening for individuals holding Israeli passports and to initiate legal proceedings to prosecute or deport anyone associated with war crimes, crimes against humanity, or genocide, irrespective of any diplomatic immunity.

The lawsuit contests Barbados’s current diplomatic and trade relations with Israel, as human rights organizations such as the International Committee of the Red Cross, and various UN agencies continue to document extensive breaches of international law in Gaza.

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“Barbados and CARICOM (the Caribbean Community) once stood at the vanguard of the anti-apartheid struggle in South Africa,” Denny said. “To remain silent now is not neutrality, it is complicity in genocide.”

The legal team contends that, as a signatory to fundamental treaties such as the UN Charter, the Genocide Convention, and the Geneva Conventions, Barbados is obligated to prevent and penalize such offenses.

Under the principle of universal jurisdiction, any alleged offenders found on Barbadian territory must either be prosecuted or expelled.

“If the DPP fails to act, that failure violates Article 11 of our Constitution and undermines Barbados’s legal and moral standing,” Hanuman said.

The motion further demands a complete prohibition on entry for individuals linked to atrocity crimes and advocates for deportation when prosecution is not possible, including instances involving diplomatic staff.

“We are bound by the same moral compass that once guided us against apartheid,” Denny said. “Today, that compass points to Gaza. Justice for Palestine is part of our historical legacy and our moral duty.”

The upcoming Supreme Court hearing is set for Monday, July 21. The plaintiffs are calling on other CARICOM nations to take similar action and create legal avenues to ensure that perpetrators are held accountable in accordance with international law.

At least 57,268 Palestinians have been killed, mostly women and children, and another 135,625 individuals injured in the brutal Israeli onslaught on Gaza since October 7, 2023.

The International Criminal Court issued arrest warrants last November for Israeli Prime Minister Benjamin Netanyahu and former minister of military affairs Yoav Gallant, citing war crimes and crimes against humanity in Gaza.

Israel also faces a genocide case at the International Court of Justice for its war on the besieged coastal territory.

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