First, is how isolated Israel is, legally and politically. Dozens of states made comprehensive arguments regarding the illegality of Israel's occupation and the violation of prohibition on apartheid and racial discrimination. They called for an immediate end of the occupation. 2
Only a handful of states (primarily, the US) brazenly defended the continued denial of the right to self-determination, and a handful (primarily, the UK) asked the court to decline from ruling in the case by reference to non-existent bi-lateral political process. 3/14
What follows from this isolation is a proper understanding of the "failure of the international community": The single most important factor that enables Israel to maintain its unlawful occupation, and consolidate an apartheid regime over historic Palestine, is US imperialism. 4
Second, although the ICJ case on Genocide deals with a different legal framework than the one invoked in the ICJ case on the legality of occupation, one wonders if the Judges can maintain the legalistic distinction in their minds. 5/14
On the one hand, we saw that defenders of Israel in both cases, whether genocide or legality of occupation, were willing to use same argument to avoid holding Israel accountable (e.g. Judge Sebutinde in Genocide case, US/UK in legality of occupation case) 6/14
by trying to leave Palestinian right to self-determination subject to same jungle rules that have left the ghettoised, subjugated, brutalised Palestinians at the mercy of Israeli whims and raw power, in a state continuously lurching to the far right of the Zionist continuum. 7
The presentations over the past week by dozens of states in the ICJ show how pathetic the pro-Israeli western propaganda line about "unsuspecting and peace-loving Israel suffering from an external attack by an irrational actor". 8
Several states and organisations also made the arguments that the Palestinians have a right to resist the occupation in pursuance of rights to self-determination, and that the illegality of Israel's hold on Palestine means all its actions are illegal 9/14
And these illegal actions are intended to maintain the unlawful occupation and to enforce an apartheid under the guise of security while it is pursuing settlements' expansion, illegal annexation of Jerusalem, and declaring repeatedly Israeli sovereignty over the West Bank. 10/14
Some arguments (e.g. the Arab League) also made the point that the ongoing Israeli occupation is itself an ongoing aggression on the Palestinian people. From this perspective, the current genocide is another escalation in this aggression. 11/14
So the question for the Judges in the ICJ Genocide case, who will now need to consider Israel's compliance with the order on provisional measures, is: can they separate between what they heard over a week from dozens of states & understanding Israel's genocidal conduct? 12
In their ruling on provisional measures the ICJ focused on the genocide case on the "immediate context" despite South Africa's application's invitation to consider 75 years of apartheid, 56 years of occupation, 16 years of siege. 13/14
Israel's intentions towards Gaza cannot be separated from the colonial dynamics of elimination, & Israel's de-humanisation of Palestinians since Oct 7th can't be separated from its denial of their rights and their inferior status for decades to justify their dispossession. 14/14
Another thought: when compared to arguments made by South Africa (emphasising settler colonialism), China (right to resistance) and Arab League (the illegality of partition and the basis for the regime of racial domination) -- the "State of Palestine" arguments fall very short!
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Few comments and summary on the "State of Palestine" presentation today before the ICJ in the Advisory Opinion case regarding the legality of Israeli occupation:
One of the highlights of the Israeli genocide in Gaza is to highlight the irrelevance of the Palestinian Authority which has acted as a subcontractor for the occupation and was reduced to a spectator, as the most momentous event in Palestinian history has unfolded in Gaza.
Raid Mansour's voice breaking up, clinging to law, merely amplified this sense of helplessness of an authority that was faced with Israel's refusal to negotiate, & decided since then to knock on the doors of ICC & ICJ with no political vision or legitimate & unifying leadership
Ahead of the ICJ discussion on 19 February, a few notes on the legal discourse on the Question of Palestine and the effect of ICJ ruling on provisional measures: /1
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For decades the legal discourse was dominated by the legal prism of international humanitarian law: laws of armed conflict and occupation. /2
The laws of armed conflict do not prevent war, they merely regulate or humanise it. They do not prevent the strong from crushing the weak. The laws of occupation do not prohibit occupation, they merely regulate it. /3
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.
Any outcome today other than issuing provisional measures against the Israeli genocide will be the death knell for international law and international institutions. For 112 days we have seen Western hypocrisy and selectivity justifying mass slaughter of a trapped population 1/9
We have seen deep western racism and chilling disregard toward non-European civilian lives. A ruling ordering provisional measures may still be disregarded by Israel and its partners in genocide, especially the US. This will show again the limits of international law. 2/9
In 2004 the ICJ ruled in advisory opinion that the apartheid wall is illegal and should be dismantled and that third parties should help the Palestinians in achieving self-determination. It was not enforced. But today it is not an advisory opinion. It will be an order. 3/9
Are we supposed to ignore 6 books (2 volumes) of Herzl diaries, his pamphlet (1896), his novel (1902), that display colonial & orientalist worldview, and believe that in the last 2 years of his life he became egalitarian? 1/6
The Jewish State (1896): “We should there [Palestine] form a portion of a rampart Europe against Asia, an outpost of civilization as opposed to barbarism”. 2/6
Herzl (v. I 1896): “If it is God’s will that we return to our historic fatherland, we should like to do so as representatives of Western civilization & bring cleanliness, order & the well-distilled customs of the Occident to this plague-ridden, blighted corner of the Orient" 3/6
Herzl in 1895: “We must expropriate gently the private property on the state assigned to us. We shall try to spirit the penniless population across the border by procuring employment for it in the transit countries, while denying it employment in our country.” 2/10
David Ben-Gurion in 1915, NYC, compared the colonising activity of the Zionists to the white settlers in North America and South Africa 3/10 benyehuda.org/read/6104