Nimer Sultany Profile picture
Reader in Law @soasLAW author of Law & Revolution: Legitimacy and Constitutionalism After the Arab Spring. Editor-in-Chief, The Palestine Yearbook of Int'l Law

Jan 6, 2024, 8 tweets

As you read this report, that Gaza is now uninhabitable, recall the Israeli statements & conduct that South Africa's ICJ application referred to. This report also confirms the urgency cited by South Africa for issuing provisional measures against Israel's genocide

Thread 1/7

Remember that making Gaza uninhabitable was a war aim. How do we know? Israeli generals involved in the fighting said it on Israeli TV ("fallow land", "scorched earth"). Here is how South Africa quotes them in the ICJ application 2/7

In addition to genocidal intent, as South Africa shows, Israels' pattern of conduct shows a genocidal intent. The "evacuation" orders and the massive destruction makes large parts of Gaza unliveable. 3/7

The UN now says that food insecurity in Gaza is "the highest levels.. ever recorded”. Thus, South Africa was right to list this as part of genocidal actions. 4/7

In reaction to the ICJ application, Israel now says that it will emphasise it allowed humanitarian aid. But South Africa already anticipated this, emphasising both that it pales compared to what is needed, and continuing the military actions inhibits it. UN agrees. 5/7

Some Israeli legal scholars defend Israel on the grounds that not all of the alleged instances of actions & statements, that South Africa cites, are necessarily genocidal. But South Africa already replied to this: not all of them need to be for the Court to issue an order. 6/7

This Guardian report, then, confirms the urgency that South Arica cited in its ICJ application for Provisional Measures. Let us hope the ICJ rises to the challenge. 7/7

Recall also that Israeli TV commentators, like South Africa, have understood Israel's actions in Gaza to mean that it seeks to make it uninhabitable. Here is a reminder 8/8

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