#South Africa vs Israel

[kittyprincessofcats]

ICJ Ruling

Okay, let's get into this.

First of all, I get the frustration at the court not ordering a ceasefire. I was disappointed and frustrated at first too, since a ceasefire was the biggest and most important preliminary measure South Africa was requesting - and of course we just all want this horror to finally end for the people in Gaza. So I get the frustration and disappointment, I really do.

However, I do think this ruling is still a major win for South Africa, Palestine, and international law as a whole and here's why:

The court acknowledged that it has jurisdiction over this case and completely dismissed Israel's request to throw out the case as a whole. It will now determine at the merits stage (that will probably take years) whether Israel is actually commiting genocide.

The court acknowledged that Palestinians are a "distinct national or ethnic group and therefore deserving of protection under the genocide convention". Pull this out next time someone tells you "there's no such thing as Palestinians, they're all just Arabs".

The court acknowledged very unambiguously that "at least some" of Israel's actions being genocidal in nature is "plausible". South Africa has a case, officially. Israel is accused of genocide, in a way the ICJ deems "plausible", officially. This is huge. (And seriously, how freaking satisfying was it to hear all of those genocidal statements by Israeli politicians read out loud and used as justification for this rulling?)

The court might not have ordered a "ceasefire" in those words, but they did order Israel to "immediately end all genocidal acts" (which includes killing and injuring Palestinians) and submit proof that they actually did. How are they going to comply with this ruling without at least severly reducing or changing what they're doing in Gaza?

In fact, this wording might actually be more appropriate for a genocide (vs a war), as author and journalist Ali Abunimah notes on Twitter:

He's completely right. Israel lost today, by overwhelming majority (I mean, 15 to 2? I heard people predict the rulings would be very close, like 9 judges vs 8, but instead we got 15 to 2 (and even 16 to 1 on the humanitarian aid). Holy shit.) The court disimissed almost everything Israel's side of lawyers said, while acknowledging that South Africa's accusations are "plausible".

And this is important especially because of Mr Abunimah's second tweet there^. Because the question is, where do we go from here?

This ruling means that Israel is officially /possibly/ commiting genocide and that should have huge international consequences. The rest of the world now HAS to take these accusations seriously and stop arming and supporting Israel - and if they won't do it on their own, we, the people, have to make them. This is THE moment to rise up all around the world, especially in the countries most supportive of Israel (the US, the UK, Germany): Protest, call your representatives and demand a ceasefire and an end of arms deliveries to Israel.

We now have a legal case to back our demands: If Israel is, according to the ICJ, "plausibly" commiting genocide, then all of our governments are, according to the ICJ, "plausibly" guiltly of aiding in genocide. And we need to hold that over their heads and demand better. We need to do that right now and in huge numbers. Most politicians only care about themselves and saving their skin. We have to make them realize that they could be accused of aiding in genocide.

(As a German, I'm thinking of Germany here in particular: After South Africa's hearing, our government dismissed their case as having "no basis" - how are they going to keep saying that now that the ICJ officially thinks otherwise? Over the last months, people here have been arrested at protests for calling what's happening in Gaza a genocide. How are the police supposed to legally keep doing that now that the ICJ has officially deemed this accusation "plausible"? I used to be scared to use the word "genocide" at protests or write it on my protest signs - not anymore, have fun trying to arrest me for that when the ICJ literally has my back on this one 🖕🏻.)

So yeah - don't be defeatist about this, don't let Israel's narrative that they "won" (they didn't) take over. This might not be everything we wanted, but it's still a good result. Don't let what the court didn't say ("ceasefire"), distract you from the very important things that they did say. Let this be your motivation to get loud and active, especially if you live in any country that supports Israel. Put pressure on your governments to not be complicit in genocide, you now officially have the highest international court on your side.

[atomic-cat]

[astroskeptic]

Fuck the United States of America

[vyorei]

Live coverage of the 24th of January 2024 is now closed.

Here is a recap of today's major events.

It is 12am in Ireland now so I have to go to bed.

I'll be back to resume live updates on Friday as I'm working.

For continuous updates while I'm gone, click the link below:

[gothhabiba]

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

The Court indicates provisional measures

The Hague, 26 January 2024. The International Court of Justice today delivered its Order on the Request for the indication of provisional measures submitted by South Africa in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).

It is recalled that, on 29 December 2023, South Africa filed an Application instituting proceedings against Israel concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip. In its Application, South Africa also requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide” (see press release No. 2023/77).

Public hearings on South Africa’s request for provisional measures were held on Thursday 11 and Friday 12 January 2024.

In its Order, which has binding effect, the Court indicates the following provisional measures:

“(1) By fifteen votes to two, The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(2) By fifteen votes to two, The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(3) By sixteen votes to one, The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke; AGAINST: Judge Sebutinde;

(4) By sixteen votes to one, The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke; AGAINST: Judge Sebutinde;

(5) By fifteen votes to two, The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(6) By fifteen votes to two, The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak.”

*Judge XUE appends a declaration to the Order of the Court; Judge SEBUTINDE appends a dissenting opinion to the Order of the Court; Judges BHANDARI and NOLTE append declarations to the Order of the Court; Judge ad hoc BARAK appends a separate opinion to the Order of the Court.

[mshexley]

I have not seen a single piece of actual evidence used by Israel during this. All I've seen is them saying a thing happened and then showing some quote as if that's proof of them not committing genocide.

Like their entire argument is "yes BUUUTTT--"

[myauditionfordrphil]

I am still watching the ICJ hearing live, and here are some of the provisional measures enforced by the court that I caught onto. According to the measures Israel has to:

Take all measures within it's power to stop the genocide being committed in the Gaza strip.

Ensure rightful preservation of evidence of the alleged genocide.

Prevent causing bodily or mental harm to Palestinians.

Prevent delibrate measures to prevent births.

Prevent deliberate destruction of property and the people.

Prevent and punish incitement to genocide in the strip.

Ensure with immediate effect that its military does not commit any acts described above

Ensure with immediate effect that it's military doesn't commit any of the acts that are described.

Immediately and unconditionally release all the hostages abducted during the attacks.

Take measures to protect Palestinian civilians.

Provide basic necessities like food, water, electricity that were cut off during the seige to the people of Gaza.

Allow humanitarian aid to the civilians and hostages.

Must submit a report to the court on Israel's enactment upon the ordered measures.

Even though the case isn't fully closed yet, this is a huge step taken by the court by acknowledging and condemning the genocide committed by Israel. This is all that I've caught onto, I wrote this in a hurry so if there's anything more or if there's anything that I got wrong please inform me I'll immediately add or correct it.

[capybaracorn]

UN Security Council to discuss ICJ ruling in Israel genocide case

Top UN court ordered Israel to prevent acts of genocide against Palestinians but didn’t call for a ceasefire.

(27 Jan 2024)

The United Nations Security Council (UNSC) is to meet next week over the decision by the global body’s top court calling for Israel to prevent genocidal acts in Gaza.

The meeting scheduled for Wednesday was called by Algeria, whose Ministry of Foreign Affairs said it would give a “binding effect to the pronouncement of the International Court of Justice on the provisional measures imposed on the Israeli occupation”.

The ICJ on Friday said Israel must prevent genocidal acts in its war with Hamas and allow aid into Gaza, but stopped short of calling for an end to the fighting.

The decision “gives the clear message that in order to do all the things that they are asking for, you need a ceasefire for it to happen”, said Riyad Mansour, the Palestinian ambassador to the UN.

Algeria, the Arab representative on the council, requested the meeting late on Friday after a closed-door discussion of the UN’s 22-member Arab group.

“So fasten your seat belts,” Mansour said, hinting that the Arab group would push for a halt in the fighting.

Al Jazeera’s Gabriel Elizondo, reporting from the UN in New York, said diplomatic sources indicated that the proposal by Algeria is likely to call for an immediate truce.

“All eyes now turn to the Security Council,” he said, adding that the country’s move is highly anticipated.

US veto

The UNSC, long divided on the Israeli-Palestinian issue, has only agreed to two resolutions since the October 7 Hamas attacks that led to Israel’s massive offensive on the Gaza Strip.

In December, it demanded aid deliveries “at scale” to Gaza’s besieged population, while Israel’s ally, the United States, has kept out calls for a ceasefire despite international pressure.

Hamas’s October 7 attacks killed about 1,140 people in Israel, according to authorities.

Palestinian fighters also seized about 250 people and Israel says 132 of them remain in Gaza, including the bodies of at least 28 of them.

Israel has promised to crush Hamas and launched a military offensive that the Ministry of Health in Gaza says has killed at least 26,257 people, about 70 percent of them women and children.

The ICJ, based in The Hague, while refraining from ordering an immediate halt to the almost four-month-old war, said Israel must do everything to “prevent the commission of all acts within the scope” of the 1948 UN Genocide Convention.

Israel’s Prime Minister Benjamin Netanyahu rejected the ICJ ruling and said his country will continue to defend itself and its citizens while adhering to international law.

[eccedeus]

The Honourable Dikgang Moseneke who is serving as the South African judge in the ICJ case joined the Pan-Africanist Congress at fourteen years old, was imprisoned at 15, and obtained a BA and B luris while in prison

[mariluphoto]

[savemysoulmyartsucks]

So Israel’s biggest defense is ‘Nuh na’ and ‘Mind your own business, South Africa’

[justnews420]

The Israeli army is going back after losing the war without achieving anything ..🇵🇸💔#israel #Palestine #Gaza #hamas

[astroskeptic]

Signs that someone is affiliated with Khamas: -They say Hamas! -They like watermelon! -They condemn Israel when they commit crimes! -They don't like genocide! -They think killing children is bad! -They believe that Palestinians are human beings and deserve basic rights!

[vyorei]

Live coverage of the 11th of January 2024 is now closed.

Here is a recap of today's major events.

It is 12am in Ireland now so I have to go to bed.

I'll be back to resume live updates on Sunday as I'm working, I'm gutted I can't watch the livestream tomorrow. It's at 10AM as far as I can remember. You can find it on YouTube, be sure to watch Apartheid Israel's predictable response and watch out for gore given they'll definitely play shock value.

For continuous updates while I'm gone, click the link below:

[kittyprincessofcats]

I'm honestly still trying to wrap my mind around the ICJ explicitly ordering that, among other things, more humanitarian aid has to be let into Gaza immediately, and most Western countries cutting funding to UNRWA a literal day later...

Heck, even German media, which deliberately ignored the whole "yes, this could be a genocide" part of the ICJ's decision and focused only on "no ceasefire, but more humanitarian aid" should be calling out that you can't just cut off humanitarian aid after being ordered to let in more humanitarian aid... like WTF, this is cartoonish levels of evil

It also:

violates the ICJ's decision and therefore international law

is a war crime (collective punishment)

directly violates the Genocide Convention article 2(c) "Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part"

[queenofnaturalones]

ICJ Ruling - Call Your Representatives

The International Court of Justice has ruled against Israel and in favor of South Africa, declaring that there are sufficient grounds for a genocide case against Israel and ordered Israel to take all measures to prevent genocide in Gaza. They must halt killings of the Palestinian people, allow humanitarian aid, preserve evidence of genocide, and report to the court next month outlining how they have followed these measures.

This is a great time to call and e-mail your representatives, to urge them to call for a ceasefire, to pressure Israel to abide by the ICJ's ruling, and to cease funding and abetting a genocide, one that is now recognized as such by international law.

https://www.aljazeera.com/news/2024/1/26/icj-fails-to-order-ceasefire-but-says-israel-must-prevent-genocide-in-gaza

https://ceasefire-now.com/

https://5calls.org/issue/israel-palestine-gaza-war-hamas-ceasefire/