Initial comments on the ICC prosecutor request to issue arrest warrants:
1. It is surprising that the request names 2 Israelis but 3 Palestinians, and charges the Palestinians with 8 counts but the Israelis with 7 only.
Although the Prosecutor says he "seeks to charge two of those most responsible", and the investigation is ongoing, no one can ignore the asymmetry in the infliction of violence, and the ferocity and length in which Israeli leaders committed their crimes.
#Bothsideism ?
2. The charges against Hamas, but not Israel, include Torture; Cruel treatment as a war crime; and Outrages upon personal dignity. This is surprising given Israel has treated thousands of Palestinian detainees and prisoners, including 27+ who died in custody.
3. The assessment of the conflict between Hamas/ Palestine and Israel by the Prosecutor in his announcement makes no mention of the occupation.
4. The Prosecutor says "Israel, like all States, has a right to take action to defend its population" - this formulation seems to avoid "self-defence" but again ignores occupation
5. Although there is an obvious urgency from crimes since October, the ICC Prosecutor says nothing regarding the ongoing and pre-October allegations against Israeli leaders with respect to settlements and apartheid.
6. The Prosecutor makes no mention of genocide, despite the credible allegations in the ICJ, and instead is content with the crimes of starvation and extermination. But these allegations of of violations of IHL may establish Genocide as well.
* It should be mentioned however that the Panel Report accompanying the Prosecutor statement does mention occupation
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A thread on Israeli journalists and "direct & public incitement to commit genocide" against Palestinians in Gaza:
In January the @CIJ_ICJ ordered Israel to take all measures to prevent & punish incitement to commit genocide. The Court "reaffirmed" this in March and May.
In South Africa's 29 May public dossier that was submitted to the UN Security Council, Annex III includes 7 pages on incitement to genocide by 5 prominent journalists and pundits.
The importance of these examples lies in the fact that they repeatedly and publicly, over 8 months, continued to incite to genocide, and genocidal acts, including as we shall see more recent examples.
On 29 May South Africa invoked in the UNSC, art. 94 of UN Charter in light of Israel's defiance of @CIJ_ICJ. It distributed a public dossier to UNSC members demonstrating Israel's genocidal intent and incitement to genocide. I have now read the 120-page submission. A thread:
The 120-page submission includes a covering note and 4 annexes. The comprehensive nature of this submission is unprecedented and illustrates the strength and urgency of the South African case against Israel.
"South Africa presents [the dossier] as part of its obligations under Article 1 of the Genocide Convention to act to prevent genocide by assisting in ensuring accountability for genocide and deterring further acts"
Those who followed the statements of Israel's senior figures and public opinion makers since October would not be surprised by the cruelty of Israel's attacks on displaced refugees. Here is a reminder of one example:
On 10 October, former general and former minister Yossi Peled advocated cruelty ("this time there's nothing humanitarian") as an approach. He said, "We need to level Gaza" and rebuff International pressure: "I'm willing to do everything, including anything."
Peled's interview in the army's radio is available here: , see also the transcript in Hebrew here and the translation to English in previous tweet. gly.co.il/item?id=29883
Thoughts on ICJ 24 May Order on Provisional Measures, and the separate declarations by judges, in the @CIJ_ICJ case of South Africa v. Israel:
Earlier in the month South Africa requested the following measures, including withdrawal from Rafah governorate, and a report by Israel within a week.
In the oral hearing South Africa modified the request, given changes on the ground (the intensification of attacks in the North) asking ceasing attacks in Rafah and withdrawal from all of Gaza
Ahead of today's ruling in @CIJ_ICJ: the indefatigable South African lawyers wrote 61 pages! in response to Judge Notle's question, in reply to 8 pages by Israel!
Israel's reaction to the announcement by Norway, Spain, and Ireland, that they formally recognise the State of Palestine, shows again that Israel seeks annexation and permanent occupation over Palestine, as the lawyers for Palestine said in the ICJ on 19 February:
The permanent character of the Israeli occupation and the denial of Palestinian right to self-determination, to be free from the yoke of Israeli colonialism, is evident in what Israel has said and did.
This is clear in statements by officials regarding Israeli sovereignty over Palestine