Noura Erakat Profile picture
May 21 15 tweets 4 min read Read on X
Some thoughts on the #ICC request for arrest warrants.
Firstly,the request reflects its political challenges:It could not remain silent on a live-streamed genocide & as evidenced by the US, Israeli reactions, it also risked its relevance. The request threads this terrain #Thread
The ICC is incapable of delivering justice. And while its request for arrest warrants in the Situation of Palestine bears out this cynical argument, it did set a significant precedent.

#Gaza #Nakba #Genocide #ICC
By its very structure, the ICC is a depoliticizing forum. Its emphasis on criminal culpability limits its reach to individuals at the expense of state crimes, ideologies, & political context.…
The #RomeStatute does not include colonialism as a core crime & limits the temporal jurisdictional to the time of a state ratification of the treaty among other limitations that effectively reify European supremacy in the international system.…
The warrants for Hamas leaders were predictable & expected. See my 2015 essay: "Hamas's] leadership will be the primary target of an ICC investigation... Hamas recognizes this risk and has endorsed the ICC bid [in 2014]"
It is therefore not surprising that the Court requested warrants for more Hamas leaders (3), than Israeli ones (2) and charged Hamas leaders with more crimes (8) than it did the Israeli ones (7).

#ICC #Gaza
Almost absurdly, the Court charges Hamas with sexual violence and mistreatment of hostages while remaining silent on the well-documented sexual violence and other forms of torture inflicted on Palestinians in Israeli captivity.…
More, the charges are limited to acts committed on, and since, October 7, 2023, even though the ICC initiated its investigation in 2021 and Palestinian human rights organizations have been filing applications for the past nine years.
Their applications have included crimes committed during the Gaza March of Return, military offensives in 2014 and 2021, a 17-year siege, as well as the crime of settlement expansion in the West Bank.

#Gaza #ICC…
Most notably, the Court does not charge Israel with genocide, despite an overwhelming repertoire of genocidal intent, nor of apartheid, the racial edifice upon which genocide has been committed.…
The request for arrest warrants is nonetheless welcome for finally breaking the taboo on charging Israel and challenging the paradigm that has perversely collapsed Jewish safety with Israeli state crimes.

#ICC #Gaza #Genocide
The charges against Hamas are not only expected but less consequential because it is effectively already punished through economic sanctions & diplomatic marginalization by several Western governments. The same cannot be said for Israel.
Israel has benefited from a global legal exception best exemplified by US-afforded impunity within the UN Security Council & the ICC request provides a mechanism to incrementally break through that formidable wall of impunity.
Although the warrants, on their own, will not bring justice, they have cracked the wall that has shielded Israel from accountability and obscured the crisis of the Palestinian right to life and dignity.
The efficacy of the #ICC request, like of the ICJ provisional measures, as well as other legal tactics relies on the political acumen of states, individuals, etc.
A solid place to start is to exact assurances from states that they will arrest Netanyahu & Gallant on their soil.

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Noura Erakat

Noura Erakat Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @4noura

May 23
Yesterday I did an interview with @dwnews - a German outlet about Norwegian, Irish, and Spanish recognition of Palestinian statehood. It did not go well & the tape is nowhere to be found. #Thread
First off, this recognition is too little, too late. Not only did 138 states recognize Palestine in 2012, but on day 230 of genocide, we need weapons sanctions, arrest warrants, and boycott to stem Israel’s ongoing atrocities.
I didn’t even finish my comment before the German anchor shortcircuited and scolded me bc “Israel doesnt use those words” she meant apartheid and genocide but couldnt bring herself to even say them.
Read 7 tweets
Mar 22
Aside from how the @nytimes has made discussion of American Jewish politics far more common sense than 1 among Palestinian Americans, enduring an ongoing genocide for 168 days and counting, I want to humbly to respond to a point raised by @PeterBeinart…
Beinart's call for Palestinians to imagine existence, in line with historic Palestinian calls and in the spirit of the South African Freedom Charter, is misplaced at this time. And certainly not provoked by slogans for freedom from the River to the Sea.
As someone who has been making a similar call for at least 2 decades, I have found myself unable to articulate a vision of coexistence as I watch Israeli society's fascist pivot.
Read 10 tweets
Feb 8
The recent attack on @UNRWA was never about alleged security concerns. Israel & its allies have systematically targeted the agency for years in a bid to shrink and disappear 5.7 million Palestinian refugees demanding their right to return, rehabilitation, & compensation. #Thread
Israel’s first submission for UN membership was rebuffed in part for its failure to resolve the newly created Palestinian refugee crisis.
To achieve a decisive Jewish demographic majority in Palestine, where Jews were only 30% of the pop, Zionist militias & the Israeli army directly targeted Palestinians. Bw Dec 1947-Mar 1949, ~80%, or 750K Palestinians, were forcibly removed or fled for refuge. This is our #Nakba
Read 18 tweets
Feb 1
US District Court dismisses @theCCR’s lawsuit demanding Biden admin abide by its duties under Genocide Con 4 presenting a non-justiciable political question (bad) but affirms that “the undisputed evidence before the Court comports with the finding of the ICJ” (good) #Thread #Gaza
The dismissal on political grounds, bc the case is better suited for another branch of government, in this case the executive, was to be expected. The coup is that the judge was so compelled by the evidence that he made powerful statements on behalf of the plaintiffs re #genocide
He writes. “There are rare cases in which the preferred outcome is inaccessible to the court.”

The Biden admin is protected because of the US’s separation of powers, but the fact indict them as a co-conspirator of genocide against the Palestinian people in Gaza.

#Nakba Image
Read 9 tweets
Jan 26
Some quick thoughts on ICJ decision. #Thread #Gaza #Genocide #Nakba #Palestinian #Liberation #SouthAfrica
Given how Judge Donahue began by providing context as the “conflict” beginning on 10/7 in contrast to how S Africa laid out context of 75 years of settler colonialism & ongoing Nakba, I was bracing myself for a negative decision.
This wouldnt have been far fetched given the failure of international law and legal institutions to stem 75 years of settler, colonialism, apartheid, occupatiom, and siege. This hearing was as much about putting international law on trial, as it was of putting Israel on trial.
Read 8 tweets
Dec 31, 2023
Taking cursory stock of Israel's military campaign reveals that beyond it being #genocidal-it is characterized by systemic war crimes.

Israel's army is deliberately criminal. Accountability is imperative to ensure these tactics are never repeated anywhere.

#Gaza #Nakba #Thread
Israel has bombed at least 4 refugee camps:
Nuseirat & Bureij, Central Gaza (12/30)
Maghazi, Central Gaza (12/24)
Jabalia, Northern Gaza (10/9, 10/12, 10/22, 10/31)

#Gaza #Genocide #WarCrimes #Nakba
Israel has destroyed 27/35 hospitals

- besieged two hospitals Al Awda & Al Shifa, kidnapped hospital personnel, and sniped at patients and doctors

- left newborn babies in the ICU in Al Nasr to rot after forcing all medical personnel to evacuate

#Gaza #Genocide #WarCrimes
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!