UN’s International Court of Justice, Relying On UN’s Criticisms of Israel, Rules Israel Must Abide By Genocide Convention
The substance of the ruling is not specific, but generally demands Israel live up to its obligations under the genocide convention. It did not “order” an immediate ceasefire. It’s a toothless order, but will be used against Israel despite it not being a finding that Israel committed genocide.
If anyone thought the “International Court of Justice” a function of the U.N. General Assembly would give Israel a fair hearing on South Africa’s fraudulent charge of genocide, you don’t understant the U.N. at all. As I mentioned in my post when Israel presented its defense, Israel Defends Itself At ICJ Against The Lies Of South Africa And False Accusation of Genocide:
The entire proceeding is a farce. South Africa seeks to weaponize the ICJ so that Hamas and other Islamist radicals can commit genocide against Jews. It’s a complete inversion of the purpose of the Convention on the Prevention and Punishment of the Crime of Genocide and the role of the ICJ – South Africa doesn’t seek to prevent genocide, it seeks to enable genocide against Jews by preventing Israel from defending itself and making sure the butchers of October 7 can never do it again – and they have promised to do it again. South Africa seeks extraordinary “provisional remedies” ordering Israel to cease military actions.
Just because the charge of Genocide is a farce doesn’t mean Israel will prevail at the ICJ, which serves under the tutelage of the U.N. General Assembly. The Judges have superficially impressive credentials, and on any other issue perhaps that would matter. But as to Israel, is a Judge from Lebanon really going to rule against Hamas? Same with Judges from Russia, China, Somalia, and several other countries hostile to Israel.
It’s basically a U.N. General Assembly vote, where you keep hoping they will do the right thing, but they never do. Maybe this time will be different because the nationality of Judges from countries hostile to Israel is not as skewed as in the overall General Assembly, but I’m not hopeful.
Today was the ICJ’s ruling on the request for provisional remedies. The President of ICJ Joan E. Donohue read the ruling in court, stressing that the ICJ was not ruling on whether Israel committed genocide, but only whether there were enough “plausible” allegations to invoke the court’s jurisdiction and to justify provisoinal remedies.
You knew this ruling would be a sick joke when Donohue read as evidence statements by various U.N. agencies and committees that are hostile to Israel, like UNWRA and the infamous Human Rights Council, and read out of context snippets of quotes from Israeli political and military officials, without acknowleging Israel’s proof that the snippets were out of context, or the estensive efforts Israel took to prevent harm to non-combatants.
ICJ so far as expected relying solely on comments by UN officials, UNRWA, and the Human Rights Council and erasing role of Hamas in Gaza. A UN court can be no better than the rotten institution undergirding it. https://t.co/VaVzU41Uef
— Anne Herzberg (@AnneHerzberg14) January 26, 2024
The substance of the ruling is not specific, but generally demands Israel live up to its obligations under the genocide convention. It did not “order” an immediate ceasefire.
NOW – The International Court of Justice, on a 15 to 2 vote, demands Israel take all measures to prevent acts of genocide in Gaza. pic.twitter.com/7XEKcBj6xM
— Disclose.tv (@disclosetv) January 26, 2024
It’s a toothless order, but will be used against Israel despite it not being a finding that Israel committed genocide.
Iranian mouthpiece Trita Parsi already is exploiting the ruling.
This is an important implication I didn't mention in my thread on the ruling. Calls for boycotting Israel from sports and cultural events will increase, given the ICJ ruling. https://t.co/cZbNUOek2w
— Trita Parsi (@tparsi) January 26, 2024
The only bright spot was the statement at the end that the ICJ expresses concerns for the hostages and calls for their immediate and unconditional release.
From today’s @CIJ_ICJ ruling:
“The order then states that the
court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law.It is 𝐠𝐫𝐚𝐯𝐞𝐥𝐲 𝐜𝐨𝐧𝐜𝐞𝐫𝐧𝐞𝐝 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐟𝐚𝐭𝐞 𝐨𝐟 𝐭𝐡𝐞… pic.twitter.com/fivGdu4azX
— Israel ישראל 🇮🇱 (@Israel) January 26, 2024
I’ll add the written order when available.
(added) ORDER
In my respectful dissenting opinion the dispute between the State of Israel and the people of Palestine is essentially and historically a political one, calling for a diplomatic or negotiated settlement, and for the implementation in good faith of all relevant Security Council resolutions by all parties concerned, with a view to finding a permanent solution whereby the Israeli and
Palestinian peoples can peacefully coexist — It is not a legal dispute susceptible of judicial settlement by the Court — Some of the preconditions for the indication of provisional measures have not been met — South Africa has not demonstrated, even on a prima facie basis, that the acts allegedly committed by Israel and of which the Applicant complains, were committed with the necessary genocidal intent, and that as a result, they are capable of falling within the scope of the Genocide Convention — Similarly, since the acts allegedly committed by Israel were not accompanied by a genocidal intent, the Applicant has not demonstrated that the rights it asserts and for which it seeks protection through the indication of provisional measures are plausible under the Genocide Convention — The provisional measures indicated by the Court in this Order are not warranted.
MORE TO FOLLOW
Hamas reacted instantaneously to the ruling by firing a rocket barrage, showing what a farce the ICJ is.
Right after ICJ released its ruling on South Africa’s genocide case against Israel, Hamas fires a barrage of rockets towards communities in southern Israel-including those struck by the terror group on Oct.7. Coincidence?
— Anna Ahronheim (@AAhronheim) January 26, 2024
REACTIONS
on AJ: there is frustration in Gaza that the ceasefire element is not present in the ICJ statement. https://t.co/cdXyi8HU3o
— professor mir #CeasefireNOW 🇵🇸 (@ShabanaMir1) January 26, 2024
ICJ orders Israel to:
– Ensure it does not commit genocide
– Punish those who incite to genocide
– Provide humanitarian assistance in Gaza
– Prevent destruction of evidence of genocide
– Submit report to court in one monthA clear order for a ceasefire was notably absent. https://t.co/YObDnmfjag
— Abdelrahman ElGendy (@El_Gendy_95) January 26, 2024
Israel narrowly escaped diplomatic disaster in The Hague, but a dangerous precedent was set: the court gave itself authority into supervise the conduct of democratic countries’ wars, under the pretext of looking for genocide. That ICJ has not vindicated itself, and will surely be…
— Eugene Kontorovich (@EVKontorovich) January 26, 2024
NETANYAHU REACTION:
“Israel’s commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people.
Like every country, Israel has an inherent right to defend itself.
The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected.
The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it.
On the eve of the International Holocaust Remembrance Day, I again pledge as Prime Minister of Israel – Never Again.
Israel will continue to defend itself against Hamas, a genocidal terror organization.
On October 7th, Hamas perpetrated the most horrific atrocities against the Jewish people since the Holocaust, and it vows to repeat these atrocities again and again and again.
Our war is against Hamas terrorists, not against Palestinian civilians.
We will continue to facilitate humanitarian assistance, and to do our utmost to keep civilians out of harm’s way, even as Hamas uses civilians as human shields.
We will continue to do what is necessary to defend our country and defend our people”.
Prime Minister Benjamin Netanyahu's comments on the decision of the International Court of Justice in The Hague:
"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people.
Like… pic.twitter.com/gZen5QKZsA
— Chaim • חיים (@ChaimSmierc) January 26, 2024
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Comments
Hamas is a terror organization, not a race.
Islam is a theocracy, not a race
Indy and Daytona are races, and I like Daytona over Indy because of the way the cars look. Does that make me racist??? 🙂
It’s the most ineffective genocide in history, given Palestinian fertility rates, Scott Adams points out.
When are the leaders of Hamas going to be indicted in this ‘International Court of Justice’ for the atrocities they financed, engineered and directed against Israeli CIVILIANS on October 7th?
Not just Hamas, Iran.
Exactly. Hamas is a military asset of Iran. Israel is not fighting Gazans, it is fighting Hamas, and is therefore in a conflict with Iran. Iran’s use of Hamas against Israel put the Gazans in the line of fire. Where is the condemnation of Iran for putting the Gazans in danger in order to advance its own interests?
United Nations Relief and Works Agency (UNRWA), had over a dozen employees as part of the October 7th attack. One kept a hostage in their attic.
So in answer to your question about the ICJ, Never.
Criminal organizations don’t indict co conspirators
I recall that Hamas, the government of Gaza, denied that it has any obligation to aid the Palestinians. Aid is given to them, and they misuse it.
Screw the UN and WHO. Pay no attention to the man behind the curtain.
Alan Dershowitz was correct: Israel should have not have given the “ICJ” the time of day. IMHO Israel should not give rat’s derriere about the ICJ.
“But what if we need to use it, later?”
I think that’s the trap the Progressives (US and Israel) are in. It’s one the reasons non-self-reliance is a problem.
“… take all measures to prevent acts of genocide.”
Seems like a reasonable response would be to thank the Court for their support and promise to continue doing exactly that — isn’t “preventing acts of genocide” the entire point of the fighting?
Israel already is taking all possible steps to prevent genocide. They’re eradicating Hamas.
So the ICJ is empowered to issue advisory opinions to govern the strategic and military policies of a country? Israel should tell them to pound sand. But less politely. I still recommend the Bad News Bears model: Tell them to take the “order” and stick it up their ass.
Personally, I object to Israel’s restraint in conducting this war.
Hamas should have had the s–t bombed out of it by now.
Gen. Curtis LeMay had the answer: Stone Age.
This is evil and contemptible farce.
The band of goose-stepping, brownshirted Muslim supremacists, terrorists and Islamofascists who actually have genocidal murder of Jews explicitly stated as their goal and mandate, in their wretched charter, and, who have repeatedly acted upon that goal, somehow escape even a scintilla of condemnation and outrage.
This is such a disgrace and a sign of the west’s moral fecklessness, bankruptcy and dhimmitude.
Whoa! Back that up a minute!
These are black-shirted, goose-stepping morons, not brown-shirts!
And this is why globalism is such an evil. It means EVERYONE suffers when a group of miscreants/idiots gets hold of power.
See also, Federalism.
As with the Oral hearing, I listened to the reading of the decision. I knew the die was cast when, during the oral phase, Israel was denied the right to show videos of the 7 Oct. 2023 pogrom. The Israeli cousel argued expertly, but I knew what was going to happen.
The decision was appalling. There was no reference at all to the legal arguments or evidence introduced by Israel. It was as though the Israelis had not even been there. There was no discussion about the Israeli argument that there was no “dispute” for the purposes of the Genocide Convention…Israel had introduced correspondence about attempts to discuss the issues as well as other evidence that South African counsel John Dugard (an emminent international lawyer) had deceived the ICJ about the correspondence between South Africa and Israel.
Moreso, there was no discussion about the key point (which was elaborated on by Israel in great depth) of “intent” in assessing the plausibility of the charge of genocide. Israel’s argument and evidence rendering charges of genocide a poisonous lie was completely ignored.
There were those who thought Israel should not participate in the proceeding. I disagreed for various reasons including; (a) Israel is a party to the Genocide Convention without reservations, and has therefore consented to ICJ jurisdiction and (b) Israel is not the Russian Federation who failed to appear at the provisional measures hearing in the Ukraine case in February 2022.
In its provisional measures decision on the Ukraine v. Russian Federation case, the ICJ “regretted” Russia’s failure to participate. But Israel DID participate and the result was the same…its arguments were as completely ignored as Russia’s. Absolutely no difference.
But the most grotesque aspect of the judgement is that while the ICJ ignored the submissions of Israel, it relied to a great extent upon not only numbers and allegations provided by the terrorist group Hamas, but on “evidence” provided by UNRWA, the UN agency whose staff participated in the 7 October 2023 pogrom. In other words, the ICJ based much of its decision on “facts” submitted by a terrorist group and a “terrorist adjacent” organization.
It’s disgusting.
Every judge in the majority should be declared a material supporter of terrorism and be indicted at once.
Those animals should be in a cell and never released for this.
So, how does one say, “F*** off, ICC” in Hebrew?
The United Nations was a mistake.
I’m sure the Israeli Knesset is jumping right on that steaming pile of horse exhaust—right after they issue an apology for having brought Eichmann to justice.
It is wiping out Hamas. How much more can they do to prevent genocidal acts?
So many people all spun up that there’s no call for cease fire in that self-proclaimed court’s finding.
What law requires nations agree to cease fires? Or is this another court intent on making something that looks like law on the sly? (Why should the US Judiciary have all the fun?)