Nimer Sultany Profile picture
Jan 6 8 tweets 4 min read Read on X
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

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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 Image
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 Image
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
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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
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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 Image
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
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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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More from @NimerSultany

Jan 7
Unsurprising that Israel nominates Aharon Barak as its ad hoc judge in the ICJ case brought by South Africa.

In 2007 I wrote an article for the Harvard International Law Journal on Barak's legacy: 1/5
I argued that Barak served as a "diplomat judge", Israel's main defender abroad. 2/5
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As a diplomat judge he legitimated Israel's system of oppression over the Palestinians in the occupied territories. Like Sharon before him (during ICJ Wall case), Netanyahu is playing the Barak card. 3/5 Image
Read 6 tweets
Jan 7
The obvious difficulty which such a view of "decline" is that it is ahistorical. Here is a reminder of some facts regarding Israeli army conduct in 1956 and 1967 wars that are available on a simple search: 1/5
In 1995 the NYT published that Israeli veterans stated that they killed prisoners of war in 1956. An Israeli historian said that around 300 unarmed civilians and POWs were killed in 1956 and 1967 wars. 2/5 nytimes.com/1995/09/21/wor…

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In 2010 a Ynet article cited Egyptian testimonies regarding "mass graves" of Egyptian soldiers. 3/5 ynetnews.com/articles/0,734…
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Read 5 tweets
Jan 4
How does South Africa's ICJ application disrupt previous narratives about Israel's genocide?

One great virtue of the application is that it highlights context: This is a genocide perpetrated by an apartheid state. 1/5
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Too many scholars and commentators have pretended that HRW and Amnesty's, and others', apartheid reports do not exist. Not South Africa. 2/5 Image
Too many pretend that what happened in 7 Oct is an 'external' attack, crossing 'sovereign border' of a peaceful state; a war between 2 states.

Not South Africa: Gaza is occupied; an impoverished Ghetto; was subjected to 4 major highly asymmetrical onslaughts since 2000. 3/5

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Read 5 tweets
Jan 2
There is a clear problem with the celebration of Isreal's High Court as "saving democracy", because it invalidated the basic law that limits its judicial review of executive action: The Court itself has been part of the consolidation of apartheid and Jewish supremacy. 1/6
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Here are two examples from 2021 and 2022:

First, in 2021, the Court, led by Hayut, approved the 2018 Basic Law: Israel the Nation State of the Jewish People 2/6 Image
Amnesty International considered the basic law as showing intent to domination, as part of the crime of apartheid;

Adalah: the law constitutionalises Jewish Supremacy.

But white nationalists in the US loved it. 3/6

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Read 6 tweets
Dec 29, 2023
Big news:

The Republic of South Africa institutes proceedings against the State of Israel and requests the International Court of Justice to indicate provisional measures


icj-cij.org/case/192
icj-cij.org/sites/default/…
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South Africa states that “Israel, since 7 October 23 in particular, has failed to prevent genocide & has failed to prosecute the direct and public incitement to genocide” & that “Israel has engaged in, is engaging in & risks further engaging in genocidal acts"
The application for Provisional Measures under the Genocide Convention enumerates the "Genocidal Acts Committed against the Palestinian People" including

1. killings in Gaza;
2. Causing Serious Bodily & Mental Harm to Palestinians in Gaza;
3. Mass expulsion from homes &
Read 16 tweets
Dec 28, 2023
The difference between right wing Zionism and liberal Zionism is one of degree not kind: how many Palestinians they are willing to kill, and how much discrimination against the natives they are willing to tolerate: 1/7
Ariel Sharon used to remind his Zionist critics of their own crimes. Here is an except from Ronan Bergman book: Sharon, after Sabra and Shatila massacres, reminding Rabin and Peres of their crimes in Tal Al-Zaatar: 2/7
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Now that ethnic cleansing is discussed openly by the Israeli government, recall that Rehavam Ze'evi, the prominent advocate of "transfer" grew up in Haganah and Palmach. He said: "All zionism is transfer. If transfer is immoral -- all zionism is immoral." 3/7
Read 7 tweets

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