T. Belman. The court did not accuse Israel of Genocide as the sub-title asserts. It merely claimed that “At least some of South Africa’s complaints appear to be capable of falling within the Genocide Convention.”
As I understand the law, Israel has the obligation to feed the people and provide medical care once they are “in occupation” but not during a war. Israel is not yet “in occupation.” .I wonder if the court considers them in occupation at this stage.
The Court ordered Israel to abide by the law. Everybody has to abide by the law. Nothing new there.
But I am far from an expert. I look forward to reading what legal experts have to say about the interim order.
International Court of Justice (ICJ) issues ruling on South Africa lawsuit accusing Israel of genocide.
The International Court of Justice (ICJ) on Friday afternoon began a hearing during which it would announce its decision on the case.
At the start of the hearing, the court said, “At least some of South Africa’s complaints appear to be capable of falling within the Genocide Convention.”
For this reason, the court claims, it has refused to dismiss the case.
The reading of the verdict began by establishing the background of the case, as well as procedural matters such as the standing of both countries before the court, the court’s jurisdiction over the case, the definition of genocide, and the responsibilities of the countries under the Genocide Convention.
The court cited several reports on the humanitarian situation in Gaza, noting tens of thousands dead, 1.7 million estimated displaced, the destruction of thousands of housing units, and how the Gazan refugees “lack everything, including food, housing, and privacy.”
The ICJ also noted during its verdict on the case against Israel that it was “extremely concerned about the status of the Israeli hostages and calls for their immediate release.”
The judges noted statements by Israeli officials, including President Isaac Herzog, Defense Minister Yoav Gallant, and Energy Minister Israel Katz, stating that the comments violated “at least some of the rights eligible for protection from genocide and related prohibited acts.”
In its verdict on the case, the ICJ noted that regardless of the verdict, the court cannot at this stage establish any definitive findings of fact and that both parties are still able to present arguments at a later stage.
The court also claimed that the situation in Gaza constitutes an urgent threat to the population of Gaza, including the lack of food, medical care, and heating in the wintertime, and that the situation would likely deteriorate further even before the final verdict is issued. It therefore deemed the situation “an urgent cause.”
The court likewise noted Israel’s attempts at “certain humanitarian measures, and that calls for intentional harm to civilians were a criminal offense and being investigated by Israeli law enforcement.”
In the final verdict, the ICJ declared that Israel must, under the Genocide Convention, take all measures in its power to prevent the commission of forbidden acts, including causing death, causing injury, imposing dangerous conditions of life, and preventing births. It also specified that Israel is required to prevent its military in particular from any of these acts, and punish any calls for genocide or related forbidden acts.
Israel must take immediate and effective measures to allow basic services to address the standard of life for “Palestinians” in the Gaza Strip, and prevent the destruction of evidence of forbidden acts in the Gaza Strip.
In addition, Israel must within a month submit a report on all provisional measures ordered, stating what actions have been taken to comply with the provisional measures, and that the report will be communicated to South Africa.
As part of the ICJ provisional measures in the genocide case against Israel, the court has ordered that Israel also take immediate and effective action to prevent and punish direct and indirect calls to genocide and related prohibited acts.
***
By Daniel Pomerantz, REALITY CHECK
The International Court of Justice at The Hague issued a temporary order against Israel but it’s not what anyone expected.
South Africa’s case against Israel for “genocide” is both legally weak and morally absurd, yet also far more dangerous that you might think: because South Africa is not trying to win but rather to get an order for an emergency ceasefire. But since The Hague does not have jurisdiction over Hamas, it would be a “ceasefire” in which Israel ceases and Hamas fires: making Israel tremendously vulnerable to devastating attacks without defense.
In the end, the Court issued an order that is complex, subtle and ultimately mostly devoid of meaning, thus allowing Israel to continue its self-defense against the Hamas terror organization.
The Court first ruled that it has jurisdiction over this matter and that South Africa does indeed have the right to bring this case against Israel. The Court then refused to dismiss the case as Israel had requested, ruling that South Africa had made what’s called a “prima facie case,” meaning South Africa had alleged all the legally required elements necessary to bring a case under the Genocide Convention. In my opinion this is true – South Africa did allege all the necessary elements, however it is also my opinion that South Africa’s allegations are dishonest. Nonetheless, at this stage all that is necessary to avoid dismissal is to at least allege the required elements, even if untruthfully and shamelessly.
Finally the Court addressed South Africa’s request for an emergency ceasefire order. In order to issue such an order the Court must find that there is a realistic danger that Israel will cause irreversible harm to the Palestinian people and thus interfere with the Court’s ability to properly judge this case. The Court concluded that there is such a danger, and while I disagree, what’s really important is how the Court ruled in the end: the Court issued an emergency order requiring Israel to (in summary) adhere to the requirements of the Genocide Convention, and to report on its activities after one month.
In other words, Israel is required to not commit genocide while this case is ongoing. Given that Israel is already not committing genocide, the order does not actually change anything “on the ground.”
This removes a highly threatening specter that Israel might have been forced to abandon its self-defense or else face crippling international sanctions. It would also have removed much of Israel’s leverage with respect to hostage negotiations. At least for now, Israel will not be faced with that particular “Catch-22.”
The emergency order includes one other notable requirement: Israel is obligated to prosecute any “incitement to genocide,” which means certain members of Knesset, such as Amichai Eliyahu who called for using nuclear weapons to destroy Gaza, and Bazelel Smotrich, who has called to “wipe out” entire Palestinian towns, may have to face criminal charges within Israel. However, from another point of view, Israel might claim that those statements do not constitute “incitement” but merely an unpopular opinion that runs counter to government policy yet is nonetheless necessary to permit in a free democracy. The latter argument is bolstered by the fact that none of those politicians is a member of the “War Cabinet,” none has control over military decisions, and that their apocalyptic visions did not, in fact, come to pass,
The actual litigation of the genocide case against Israel is likely to take at least a year if not several, and in the meantime Israel will continue its self defense. There will likely be further attacks on Israel through legal, political or diplomatic means, but it is encouraging that Israel has survived at least this first volley.
All that said, it is discouraging and shameful that in the wake of the October 7 massacre, and on Holocaust Remembrance Day, the world is even discussing whether Israel committed genocide.
All in all, a complex compilation of thoughts and emotions for all of us to take in.
Shabbat Shalom,
Daniel
What’s this??? “the Court must find that there is a realistic danger that Israel will cause irreversible harm to the Palestinian people ”
There is no “Palestinian people”! This is very misleading. In fact, there are NO PALESTINIANS in Gaza, innocent or not. The residents of Gaza are Gazans; they are Arabs and Moslems. That does not make them Palestinians! Israel’s local enemies are no more “Palestinians” merely because they call themselves that, than a biological male is a woman merely because he calls himself that. Israel’s enemies are Arab Moslems some of whose ancestors lived in the territory of the British Palestine Mandate. They were not “Palestinians” then, and calling them that now only helps to legitimize their claims to be the rightful owners of the entire territory of the British Palestine Mandate from the River to the Sea – which excludes Israel and the Jews. If you have to use the word “Palestinians”, at least put it in quotes, or add “so-called”.
This article is written by Daniel Pomerantz, of REALITY CHECK, and posted with a short introduction by Israpundit.
I do consider this article in the way it approaches the issue very harmful to Israel. Not simply inadequate but very harmful.
This is because what is happening in a wider discussion of the “Palestinians” can only be understood by grasping not legal terms but political. It is a continuation of the Holocaust and very precisely it is FASCISM.
To understand more exactly what is happening now is the emergence on a wider scale is FASCISM as defined in the great writings on FASCISM by Leon Trotsky in the 1930s, especially in those last ten years of his life.
It is necessary to study closely the writings of Trotsky on FASCISM and consider that Palestinianism is it’s contemporary form.
Do not be misled by legal discussions, it cannot be understood in that way, that way of considering this is a cloak, it really is FASCISM!
Real Genocide: “By Allah, all of them will be killed by Muslims. They all will be executed by Muslims,” Alhagie Jallow said in a sermon days after Oct. 7. https://www.jns.org/jews-will-most-definitely-be-killed-wisconsin-imam-declares-days-after-oct-7/?_se=dm9sYWRvcmVzQHZpcmdpbGlvLml0&utm_campaign=Extremism+Roundup+2024-01-25&utm_medium=email&utm_source=brevo