Monday, January 29, 2024

The ICJ Decision

 In short, the ruling is preliminary, and no, it does not say Israel is committing genocide, only that the court may have jurisdiction to investigate if that is happening and, that. shocker, Israel shouldn't commit genocide.

You can read the decision for yourself here.

In short the decision basically refused to dismiss South Africa's  case and holds the court may have jurisdiction to examine the accusations and South Africa may have standing to bring its claim (see page 12  and page 24).

The cool question will be, if South Africa continues it's plan to withdraw from the ICC and ICJ, and it keeps refusing to enforce ICC and ICJ orders, would it still have standing? Be sure to pass the popcorn if that happens before this case is resolved.

The decision does not say Israel was committing genocide in Gaza.

It did say Israel should take steps to prevent a genocide in Gaza. Since Israel isn't committing a genocide, that's rather easy for Israel to do.

It did say Hamas was to immediately release the hostages it holds unconditionally (p.24).

I suggest you do not hold your breath waiting for Hamas to comply.

It did, ridiculously say that:  "The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip"

This of course goes against the whole point of siege warfare, and also improperly requires Israel to do something its not required under actual  international and military law to do. 

At least they didn't order that Israel has to keep providing jobs for Gazans, so we can be thankful for that.  For now, anyways. 

We can also note that Egypt and not Israel controls one of the borders with Gaza.

In no other conflict has an adversary been ordered to enable or provide such to its adversary - especially as the fact is that Hamas uses these supplies to provide for its fighters.  If anything it is Hamas responsibility to provide such and they've gone out of their way to not provide  such services so they can complain to the world about it.

Other than that,  it basically said some Israelis have used bad language such as calling Hamasniks animals, which is dehumanizing per the court and Israeli officials shouldn't say such hurtful things about an organization and its members that beheaded babies, raped women and massacred civilians.(p.17-18). Quelle Horreur.

Oh, and the court ordered that Israel is to provide a report in a month on how it is following the court's order.

In short, the order is not even all sound and fury signifying nothing.  It is far less than that, but is yet another troubling example of lawfare.

Again, the fact remains that the population of Palestinians in Gaza has continued to increase  massively over the years since 1967 when it was taken over from Egypt. Even since 2005 when Israel completely pulled out of Gaza the population there has continued to grow. So, if Israel is committing genocide as claimed, they're not just doing an extremely crappy job at it, as they're apparently causing conditions that lead to the exact opposite of genocide.

The Court should have dismissed the claim outright, but instead the case will continue to wind its way through the process.

1 comment:

Well Seasoned Fool said...

Hamas is pure evil and those who in any way aid Hamas are likewise evil.