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Tribute - Benjamin Ferencz & Thomas Buergenthal

Att. Yael Vias Gvirsman at an event in recognition of Benjamin Ferencz and Thomas Buergenthal, 2 June 2024, Peace Palace, The Hague

"Thank you, I am representing victims of the October 7 atrocities (pro bono), in an action of Strategic Litigation for Unconditional Humanity for the victims. Arrest warrants Prosecutor Karim Khan announced against three Hamas Leaders are a milestone we actively contributed to. you can read about our initiative and how you can support it by going to our website october7justice.org/en

Don initially invited me to speak about my action for victims of international crimes or about a project at the ICHL Clinic where shortly after October 7,  I brought students to an unrecognized Beduin village to help the population have access to basic rights. The Beduin community already vulnerable was badly hit by Hamas attacks. Instead, I would like to share Gideon's story. He died on May 22, in combat in Northern Gaza by an explosive that detonated as Gideon and his soldiers discovered a Hamas tunnel. He died at age 33 while saving his soldiers. 

Gideon was a former and beloved student of mine at the ICHL Clinic in 2017. He participated in our International IHL Clinic Exchange program we at Reichman University (IDC) established with our partners at Emory University and Leiden University and to which Roma Tre University later joined. 

That year, Leiden hosted us here at The Hague, an intense week focusing on the challenges of implementing IHL. The idea is to expose students to a diversity of practitioners and scholars, experts in their field. We met with Prof. John Dugard, one of the advocates of "Israel = appartheid" since at least 2001, DOHA CERD Conference. Prof DUGARD was also ad hoc ICJ judge when we met him. It was not easy for our students to listen to Prof Dugard's presentation. Gideon especially took it to heart. Students had the chance for a Q&A and Gideon raised his hand. He respectfully challenged Prof Dugard's assertions about a country Gideon knew so well, where he was born and raised and participated in creating a unique project to rehabilitate prisoners, volunteered with youth in distress, and had many Palestinian and Arab friends, colleagues or were part of the vulnerable individuals he was empowering. Prof Dugard responded respectfully as well.  I was very proud of Gideon that day. Despite the challenge and the emotional distress the meeting caused him, he did not shun away and spoke his truth, in a trembling although unequivocal voice. At the end of every IHL Clinic Exchange week we would have a circle of friendship where every one of the 48 participating students and three or four professors shared what their favorite moment was from the whole week. It was Gideon's turn to speak. He chose the meeting with Prof. Dugard. He said: "It was a difficult meeting but I am still happy it happened because I am happy to meet people I disagree with" At least half of the professors present were tearing. Gideon showed us our students were worthy of the trust we had in their analytical capabilities and their courage to get out of their comfort zones. As I share this story with you I remembered Ben Ferencz's words at the opening of the historical trial at Nuremberg against the Einsatzgruppen, "It is with sorrow and hope that I stand before you today". At Nuremberg, the cameras started rolling only after that sentence. In Ben's recorded address to our students during our last IHL Clinic Exchange in Israel 2019, he said "It is with sorrow and with hope that I have done everything since". 




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