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.
The 3 orders by the @CIJ_ICJ on genocide and its advisory opinion in July are hugely important, and they will be for decades to come, even if "there is no justice under US empire". A thread on law during genocide:
1. Let us first be clear on basic concepts. I heard repeatedly the phrase "juridification of resistance" in reference to ICJ cases, in recent months. What is "resistance" and how was it "juridified"? and what is the empirical evidence supporting this assertion?
A. Invoking law and rights is not juridification. Juridification is the *reduction* of one's analysis/ politics to rights discourse/ law. For example if you think that law can be a substitute for politics, when law itself a field of political contestation, and thus law has to be placed within a political vision; or if you think law can compensate for asymmetry in power outside the courtroom.
"Our findings indicate that Israel’s military campaign in Gaza is organised, systematic, and intended to destroy conditions of life and life-sustaining infrastructure."
"Our report seeks to identify patterns within this conduct between 7 October 2023 and 30 June 2024. It interrogates the scale and nature of attacks, the extent of damage and the number of victims, as well as the organised nature of the acts of violence and the improbability of their random occurrence."
How Israel's targeting of Palestinian children proves that it is committing genocide:
The powerful @nytimes article by @FerozeSidhwa and his colleagues adds to the mounting evidence that makes it irrefutable that Israel is committing genocide in Palestine, here is why:
Recall that the Genocide Convention enumerates these genocidal acts:
In @CIJ_ICJ Gambia v. Myanmar case, 6 states (Germany, UK, France, Canada, Denmark, Netherlands) argued that “the targeting of children is relevant to the determination of specific intent,” as per Art. II of the Convention, i.e. genocidal intent. icj-cij.org/sites/default/…
The history of the decades-long Israeli policy of deliberately targeting Arab and Palestinian civilians, massacring them and displacing them, is too long to tell, and preceded the Dahiya Doctrine (2006), but here are some episodes of admission:
1. Dayan and Sharon 1950s
2. Rabin 1966: "the problem was the civilians..."
3. Dayan 1968: "strike terror into the hearts of the Arabs"
If you want to know why Palestine is the litmus test for the whole post WWII international human rights system, you should, and I cannot recommend this enough, read @dirkmoses magnum opus "The Problems of Genocide", especially pages 348-363: here are some highlights:
Many of the architects of the "human rights revolution" had zionist sympathies and the in the name of human rights they justified colonialism and expulsion of the natives, the Palestinians.
The actual experts on genocide, who taught us analytical clarity, have spoken up for months against the genocide (@martinshawx, Raz Segal, William Schabas, John Quigley, and recently Omer Bartov). But the @NewLeftReview are unable to educate themselves and take a stand.
Countries that experienced genocide say this is a genocide, but the @NewLeftReview are unable to educate themselves and take a stand, they are waiting for "analytical clarity" to descend upon them: