Nimer Sultany Profile picture
Jan 26 21 tweets 3 min read Read on X
A momentus decision by the ICJ that is likely to start the political dynamics to end Israel's genocidal war on Gaza: there should not be an Israeli exception to the prevention of genocide.

Some initial thoughts:
ICJ dismissed Israel's arguments re jurisdiction, it ignored Israel's attempts to obfuscate genocidal statements, it made no mention of Israel's argument re self-defence because it is irrelevant. Thus, it mocks the western mantra of "Israel has a right to defend itself".
The court accepted that South Africa made a strong case that is compelling enough to proceed to the merits stage, thus putting all states on notice that there is possible situation of genocide and there is a duty to prevent it.
South Africa has pierced and cracked the political wall-to-wall support to Israel's savage war in the West. Western media barely mentioned genocidal statements before S.A. initiated its litigation.
Now the ICJ is also contributing to the crumbling of pathetic and uncritical narrative that western states and media have adopted since Oct 7th. Western narrative over the war is over!
Magazines versed in war propaganda like @theconomist called the S.A. application "flimsy", US, Canadian, German, UK officials and spokesmen dismissed the "premise" of the S.A. case. Now the ICJ shows they were pathetic.
EU, UK, German, and US Officials who met and indulged Herzog, Israel's president, and rushed to photos with Yoav Gallant, now need to confront the fact that their statements are exhibit A in the genocide case. Will European officials meet Israel's president now?
The court recited the UN and UNRWA statements that were ignored and dismissed by Israel and its backers. It thus gives them more prominence and credence.
The ICJ rejected Israel's claims regarding humanitarian assistance, thus Israel will have to show a major change, and ICJ order Israel should take immediate and effective measures to allow humanitarian assistance. This will require scaling down military actions and bombardment.
The order to cease from genocidal acts including those that are calculated to bring about the destruction of Palestinians in Gaza, having cited famine and mass displacement, means also that Israel have to drastically change its military action.
Propaganda outlets like @nytimes who published puff pieces, claiming Aharon Barak the Israeli judge is not an emissary of his state, also stand disgraced. He was in a tiny minority.
This ruling comes at a time in which there is an increase in the controversy over the war (war aims not achieved, hostages families protests, start of anti-war demonstrations, accusations that Netanyahu is prolonging the war for his political survival).
What does the ICJ ruling mean for western legal systems? It will increase the legal activism inside domestic states in Europe and US against arms trade and complicity in the genocide.
The increase in internal disagreement over the war and external opprobrium against Israel, following the ICJ order, is likely to create the dynamics that may bring a prompt end to the genocidal war.
Should Israel dismiss the case as it dismissed before the ICC opening an investigation, and as it dismissed HRW/ Amnesty reports on apartheid, it will confirm its status as a pariah state, a rogue state.
What does the ruling mean to Zionism? Zionists treated 7 Oct as an attack on all Jews in the world and defended Israel against all charges. This shows that zionism has an eliminations logic that gets accentuated in such conditions. Zionism is racism and genocide.
What does the ruling mean for anti-war demonstrations in London and elsewhere? It will give them backing and invigorate them despite the tabloids and corrupt pro-genocide political class from Labour to Tories.
What does ruling mean for BDS? More efforts now need to be made to boycott Israeli academia and economy to pressure Israel to end the apartheid and end the genocide and grant equality and freedom to all.
A question follwoing the ICJ ruling (on the risk to genocide in Gaza) to Western universities and academics:

What does it mean for the *liberal* character of these universities that not a single one called for a cease fire?
Regarding lack of cease fire measure: 1. there was no cease fire order in the Myanmar case. 2. the Russia v. Ukraine case is not a genocide case. 3. Courts are reluctant to order measures that will not be enforced exposing their weakness.

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More from @NimerSultany

Apr 5
Important development in the case of South Africa v. Israel:

Colombia intervenes in support of South Africa's case, claiming that the case against Israel's violation of the Genocide Convention is compelling.

Here are some highlights from the submission:
Unlike Nicaragua, which intervened under Art 62 ICJ Statute (which requires the intervening state to show 'legal interest' in the case), Colombia is intervening under Art 63 as a party to the convention, declaring its views regarding the interpretation of the convention.
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Colombia says that it is intervening to make sure that that "Palestinians enjoy their right to exist as a people" and ensure "the urgent and fullest possible protection for Palestinians in Gaza"
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Read 12 tweets
Mar 31
Israel created 'kill zones' in Gaza. Anyone who crosses into them is shot haaretz.com/israel-news/20…
"army commanders.. cast doubt on the claim that all of these were terrorists... the definition of terrorist is open to a wide range of interpretation... Palestinians who never held a gun in their lives were elevated to the rank of "terrorist" posthumously, at least by the IDF."
"In practice, a terrorist is anyone the IDF has killed in the areas in which its forces operate," says a reserve officer who has served in Gaza."
Read 13 tweets
Mar 28
4 important headlines from this ICJ order:

1. the ICJ considers Israel to be in violation of its earlier order on 26 January thus requiring a modification of the January orders given the worsening of the situation;
2. ICJ majority issues an implicit order to halt military operations, referring to the UNSC cease resolution and making clear that only a suspension of military operations will enable compliance with ICJ orders;
3. Six judges ask for an explicit order requiring Israel to suspend its military campaign because that is the only way to allow humanitarian assistance and prevent the continuation of starvation;
Read 6 tweets
Mar 28
Breaking: the @CIJ_ICJ reaffirms its previous provisional measures against Israel and orders new provisional measures icj-cij.org/sites/default/…

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This new order is in response to South Africa's request earlier in the month:
Read 27 tweets
Mar 25
A very important and detailed report on Israel's commitment of genocide in Gaza by @FranceskAlbs the UN Rapporteur on Human Rights in the Occupied Palestinian Territories: Here are the highlights of the report: ohchr.org/sites/default/…
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Context: Israeli genocide should be contextualised in a historical process of settler colonisation in which Zionism and Israel have repeatedly sought to displace, and displaced, the Palestinians, "signalling a tragedy foretold."
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Genocidal Acts in Gaza: A. Killing members of the Group
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Read 14 tweets
Mar 20
It is baffling how this kind of index and many academics have regarded Israel, a Jewish supremacy, as a "liberal democracy". When was Israel exactly a "liberal democracy"? 🧵1/12
This V-Dem index claims that is no longer a liberal democracy. But why not go back to 1990s bill of rights? A state that have repeatedly failed to legislate in the constitutional bill of rights the basic principle of *formal equality* can't be credibly called liberal. 2/12
This V-Dem index claims that is no longer a liberal democracy. But why not go back to 2018: Basic Law: Israel as the Nation-State of the Jewish People that explicitly constitutionalised Jewish supremacy? 3/12adalah.org/en/content/vie…
Read 12 tweets

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