The International Court of Justice (ICJ) in The Hague on Friday issued a preliminary ruling on whether Israel is committing “genocide” in Gaza and ordered Israel to prepare a report within a month, but Israel He did not make a determination as to whether the “genocide'' had been committed.
The ruling made little mention of the genocidal nature of the October 7 Hamas terrorist attack, and only briefly mentioned the Israeli hostages. Curiously, Israel's left-wing former chief justice Aharon Barak joined the majority in part of the 16-1 ruling.
Pro-Palestinian activists react near the International Court of Justice (World Court) in The Hague, Netherlands, Friday, January 26, 2024. The United Nations Supreme Court has decided not to dismiss genocide charges against Israel's military attack. In Gaza. This is part of a preliminary ruling in a case that goes to the heart of one of the world's most intractable disputes. (AP Photo/Patrick Post)
The ICJ was convened by Chief Justice Joan E. Donahue. She began by outlining the content of the judgment, first addressing the question of whether the ICJ actually had jurisdiction over the case. she, tournament In order to bring a lawsuit, a “dispute'' between the parties was necessary. This was not simply a question of whether the parties disagreed, but also whether the subject matter of the dispute fell within the scope of the treaty and whether the parties indicated that they disagreed.
The ICJ agreed with South Africa's case, stating that South Africa has expressed its view in public and international forums that Israel is committing “genocide” and that South Africa is not allowed to communicate with Israel under diplomatic procedures. It was not a problem that the government ignored the government's efforts or responded incorrectly. .
Judge Donoghue agreed that the acts complained of by South Africa were within the scope of the Treaty and therefore South Africa had jurisdiction, and rejected Israel's efforts to have South Africa's case removed from the ICJ.
Judge Donoghue then pointed out that under the treaty, any signatory state can sue against any other signatory state, and therefore South Africa had standing to sue against Israel. He added that preliminary findings do not require South Africa to show that the rights it seeks to protect actually exist, but simply whether those rights are “plausible”. Citing the treaty's opening article, she said genocide could include the intention to destroy “substantial parts” of a particular group.
This is because Palestinians constitute a “population” of more than 2 million people and are therefore considered a “substantive part” of the group protected under the Convention. The ICJ noted that the group had suffered large numbers of casualties, stating that “according to recent information, 25,700 Palestinians have been killed,” with terrorists killed in fighting on the one hand and civilians on the other. He said he could not tell people apart. She cited reports that “Gaza has become a place of death and despair.”
Following a summary of the South African case, Judge Donoghue began quoting statements from Israeli officials, beginning with Defense Minister Yoav Gallant's statement that “we will eliminate everything” (in the context of a promise to destroy Hamas); He quoted President Isaac Herzog's subsequent remarks. Palestinian civilians support Hamas, he said (referring to Hamas): “We will destroy them to their core.” and a statement by an Israeli minister that Israel will fight Hamas and cut off water to Gaza.
Judge Donahue did not mention the fact that Israel actually supplies water, electricity and food to Gaza, nor did he address Hamas' genocidal statements or actions. She simply said that strengthening the court's jurisdiction was a risk to Palestinians.
He said the court found that “urgent conditions” were met that justified a preliminary judgment, but that the ICJ could not yet make a “final factual finding” on whether genocide had actually occurred. He added that he couldn't. In Gaza.
Judge Donoghue said that under Article 2 of the Convention, Israel must use the ” “We must take all measures within our authority,” he said.
He added that Israel needs to prevent the destruction and ensure that evidence of possible genocide is preserved. He also ordered Israel to report to the ICJ within one month on its implementation of the Genocide Convention's restrictions.
Mr. Donahue issued a short statement expressing the ICJ's concerns about Israeli hostages being held by Hamas in the Gaza Strip and called for their “immediate and unconditional release.” The ICJ did not call on Hamas to stop attacking Israeli civilians, nor did it call on Hamas to stop using Palestinian civilians as human shields. And it did not order Hamas to comply with the Genocide Convention.
Donahue never explained the gruesome nature of the Oct. 7 attack, other than mentioning the fact that it happened at the outset.
A flag-waving protester takes part in a protest outside the International Court of Justice in The Hague, Netherlands, on Friday, January 12, 2024, holding photos of hostages kidnapped in the October 7 Hamas cross-border attack in Israel. people. The court began hearing Thursday into South Africa's claim that Israel's war with Hamas amounts to genocide against Palestinians, a claim Israel strongly denies. (AP Photo/Patrick Post)
Donahue said the ICJ's ruling was 15-2, with Israel's former Chief Justice Aharon Barak and Uganda's Justice Julia Sebutinde dissenting on most aspects of the order. The vote was 16-1 on Israel's obligation to “prevent and punish” public incitement to genocide and provide humanitarian relief to Gaza, with Mr. Barak joining the anti-Israel majority and Mr. Sebtinde. Only one person was against it.
Several justices added comments and Barak issued his own opinion, which was not read out in open court.
Overall, the ruling appeared unfavorable to Israel and completely ignored the legal legitimacy of the war. But it fell far short of calling for an immediate ceasefire or the ban on arms sales to Israel that South Africa had hoped the ICJ would impose.
Notably, while the ICJ cited statements by Israeli officials who allegedly conveyed genocidal intent, it cited what South Africa claimed was the most important statement, namely that Prime Minister Benjamin Netanyahu quoted a Bible verse. Ignored the misquote of quoting .
While the ICJ was issuing its verdict, pro-Palestinian demonstrators chanted genocidal slogans outside the courtroom, such as “From the river to the sea, Palestine will be free,” calling for the complete destruction of Israel and the I was looking for a replacement. state.
Joel B. Pollack is a senior editor at Breitbart News. Breitbart News Sunday Sunday nights from 7:00 PM to 10:00 PM ET (4:00 PM to 7:00 PM PT) on Sirius XM Patriot. He is the author of a recently published e-book. How to avoid becoming a terrible country: Lessons from South Africa. his recent book, red novembertells the story of the 2020 Democratic presidential primary from a conservative perspective. He is the recipient of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter @joelpolak.
