"yeah yeah but it doesn't matter anyway"
Sure, this Opinion will not stop Israel in Gaza. But there's some things you should consider before dismissing this historic Opinion... 🧵
This case was never meant to be a reaction to Gaza. It began in Jan. 2023 as part of a broader effort to use the law in defence of Palestinian rights. It is meant to help increase the tools at the disposal of Palestinians. In this regard, it has been extremely successful
The ICJ, the highest tribunal on intl law, has essentially confirmed that Israel is an apartheid state, that it must dismantle all settlements and that it must allow the return of those Palestinians it displaced. This alone is huge but not because of what it can accomplish today
All of these were topics for "future negotiations". If the status quo is illegal and violates jus cogens rules, then this changes the leverage that can be deployed to turn this status quo into a permanent situation. This strenghtens Palestine's and weakens Israel's positions
You need to see this case in the context of a much larger arc, going back decades. There was a time when Palestine barely registered, it was a seat in the Arab League and nothing else. Today, it is a UN observer state with cases in the ICJ and ICC. Incremental progress matters
Not to mention, of course, the power of discourse. The Law is not some kind of untouchable monolyth that decides right from wrong. It rises and falls depending on whether people believe that it is actually law.
If the default position is that there is a ✨state✨, the only ✨democracy✨ in the region with the ✨most moral✨ army in the world fighting a people reduced to an orientalist terrorist cliche, this imbues the law with a certain content
When the law itself, however, states that this is not a democracy but an apartheid state that is committing injustices against a people whose rights are systematically violated and discriminated, the power of the competing hegemonic interpretation wanes
Do not discount the power of authoritative statements in the formation of world order. Especially when world order is already changing so fundamentally. We live in a world where South Africa can sue Israel before the ICJ - that couold not happen when I was a child
So it is not just that you should not discount how the internal mechanics of legal systems work, but that you should also appraise how this law can be used by new actors in new ways that have not been tried yet.
All in all, yes, tomorrow will look very similar to today - but it will not be exactly like today. Nor will the day after or the day after. And before you notice, the world will have changed before your eyes.
Celebrate victories, they are few and scarce.
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“Genes determine skin colour”
Yes they also determine height, moles, and hair colour. But we dont build social hierarchies around that. That doesn’t mean races are genetic. It means you ring fenced some genes and attributed moral/social value to them. We call this “racism”
Like imagine saying stuff like “height is determined by genes, this is why tall people face a higher risk of thyroid problems! [apparently true] You can’t deny there is a physical difference between Danny Devito and Arnold Schwarzenneger!!”
Or like “there are studies that have found that short people tend to commit more crimes than tall people! [apparently this is true too!] Obviously this is a result of the different genes in tall and short people!”
The nominal debate about sexual organs is a rather dumb one. You either think gender is assigned or innate and frankly that is of little consequence. The consequential discussion is why you think that: it’s either fragile masculinity or concern over safety in private spaces /1
IMO the latter is the only valid reason. I don’t care if a dude is scared that he will “accidentally” be attracted to a trans woman and hit on her. Deal with your own insecurities without trampling on other people’s rights. But safety in private spaces or fairness in sports? Sure
Here’s the thing though: safety and fairness are not “trans issues”. A fully cis male bathroom can be unsafe for a little boy (hi Catholic Church). Privacy concerns can be addressed with lockable personal booths. Transness is not the reason why private spaces can be unsafe
Piers Morgan approaches taxonomy as an ontological phenomenon. Categories are objective, universal and true. He never worries whether a tomato is a vegetable or a fruit, humans have perfectly taxonomized nature and categories never overlap. Hence he thinks this is a clever gotcha
The problem is @EdwardJDavey apparently agrees with him, but has to assume a pro trans position for political reasons. So he is confronted with an impossible problem: his categories are ontological, but his position is not. He cannot resolve the conflict and this is the result
Gender theory and feminism are not about ontological categories. Women are *not* ontologically (by the very fact of being women) the "weaker sex"; they don't "belong in the kitchen"; or "born to be mothers". This is why de Beauvoir said one is not “born a woman, but becomes one”
Unsurprisingly, Elliot’s conclusion is based on a misunderstanding of the applicable law. The statement “inference to genocide requires that no other reasonable explanation exist” is… let’s say inexact.
The applicable test is not “can you *explain* what Israel is doing *as a whole* through any reasonable explanation other than genocide”, but rather whether intent to destroy can be reasonably inferred from a specific pattern of conduct
So saying “it is more reasonable to explain Israel’s actions as trying to destroy Hamas and save hostages, than commiting genocide” is not really what the test requires. What is the specific pattern of conduct that Elliot is examining here? None. He is making an abstract argument
This is what I call “legal vulturing”. Salo loiters above the text looking for anything he can slap a red underline and claim “he is the only one who noticed”. It’s bad faith work that deserves no serious engagement. So let me treat this like the piece of disinformation it is 🧵
Salo claims there is a secret paragraph 141 that scholars ignore on purpose to deny Israel a right to self defence. But article 141 is part of a subsection of the Opinion dealing specifically with self-defence. It goes from §138 to §142.
As Salo shows, in §139, the ICJ concludes that art. 51 of the UN Charter, which sets out the right of self defence, is not applicable to Israel’s actions in Palestine because
1) the threat it claims is not imputable to a state and article 51 only applies between states