{"id":207276,"date":"2024-01-27T07:13:01","date_gmt":"2024-01-27T11:13:01","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=207276"},"modified":"2024-01-27T07:13:01","modified_gmt":"2024-01-27T11:13:01","slug":"international-court-of-justice-rules-that-israel-must-stop-killing-palestinians","status":"publish","type":"post","link":"http:\/\/stateofthenation.co\/?p=207276","title":{"rendered":"

International Court of Justice Rules That Israel Must Stop Killing Palestinians<\/b><\/h2>"},"content":{"rendered":"

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By David Swanson, World BEYOND War, January 26, 2024<\/p>\n

The International Court of Justice has ruled that Israel must cease its warmaking in Gaza \u2014 cease committing and inciting genocidal acts \u2014 and that the case charging Israel with genocide must proceed.<\/p>\n

DETAILS OF THE RULING:<\/p>\n

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  1. By 15-2: Israel shall take all measures within its power to prevent all acts within the scope of Genocide Convention article 2 <\/span><\/li>\n
  2. 15-2: Israel must immediately ensure that its military does not commit acts within the scope of GC.2 <\/span><\/li>\n
  3. 16-1: Direct and punish all members of the public who engage in the incitement of genocide against Palestinians <\/span><\/li>\n
  4. 16-1: Ensure provision of urgently needed basic services, humanitarian aid <\/span><\/li>\n
  5. 15-2: Prevent the destruction of and ensure the preservation of evidence to allegation of acts of GC.2 <\/span><\/li>\n
  6. 15-2: Israel will submit report as to how they\u2019re adhering to these orders to the ICJ within 1 month<\/span><\/li>\n<\/ol>\n

    This is Article 2 of the Genocide Convention:<\/p>\n

    In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:<\/p>\n

    (a) Killing members of the group;<\/p>\n

    (b) Causing serious bodily or mental harm to members of the group;<\/p>\n

    (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;<\/p>\n

    (d) Imposing measures intended to prevent births within the group;<\/p>\n

    (e) Forcibly transferring children of the group to another group.<\/p><\/blockquote>\n

    Therefore, Israel must cease killing Palestinians.<\/p>\n

    This was a make or break moment for international law, or rather a break or make-a-first-step moment. There is hope for the idea and reality of international law, but this is only a beginning.<\/p>\n

    The president of the International Court of Justice, who read the ruling, is Judge Joan Donoghue, former top legal advisor under Hillary Clinton at the U.S. State Department during the Obama Administration. She previously was the lawyer for the United States in its unsuccessful defense before the ICJ against charges by Nicaragua of minining its harbor.<\/span><\/p>\n

    The court voted for portions of this decision by 15-2 and 16-1. The \u201cNo\u201d votes came from Judge Julia Sebutinde of Uganda and Ad Hoc Judge Aharon Barak of Israel.<\/p>\n

    The case presented by South Africa was overwhelming (read it<\/a> or watch a key part of it<\/a>), and Israel\u2019s defense paper-thin. And the case just grew more overwhelming during the bizarre delay (yes, courts are slow, but this genocide is swift).<\/p>\n

    People all over the world built the pressure to move South Africa to act and other nations to add their support. Over 1,500 organizations signed a statement<\/a>. Individuals signed a petition<\/a> by CODEPINK, and sent almost 500,000 emails to key governments\u2019 United Nations consulates through World BEYOND War<\/a> and RootsAction.org<\/a>. Click those links because more emails are needed now. While several nations have made public statements in support of South Africa\u2019s case, we need them to file papers officially with the International Court of Justice. To reach out to additional national governments, go here<\/a>.<\/p>\n

    Governments that have made statement in support of the case against genocide include Malaysia<\/a>, Turkey<\/a>, Jordan<\/a>, Bolivia<\/a>, the 57 nations of the Organization of Islamic Countries<\/a>, Nicaragua<\/a>, Venezuela<\/a>, Maldives, Namibia, and Pakistan<\/a>, Colombia<\/a>, Brazil<\/a>, and Cuba<\/a>.<\/p>\n

    Germany has backed<\/a> Israel\u2019s defense against the charge of genocide, which has been denounced by Namibia, victimn of a German genocide. Prominent Jews have denounced<\/a> Germany\u2019s shameful action.<\/p>\n

    Mass demonstrations in the streets of the world have continued in support of peace and justice, and to a far greater extent<\/a> than major media outlets have reported.<\/p>\n

    Here\u2019s a discussion of this campaign for justice with Sam Husseini on Talk World Radio<\/a>.<\/p>\n

    Prior to today\u2019s ruling from the International Court of Justice, the U.S. government pointedly refused to say<\/a> whether it would comply with ruling, despite insisting that other nations comply with rulings by the ICJ.<\/p>\n

    Hamas said that<\/a> it would cease fire if Israel does, and release all prisoners if Israel does<\/p>\n

    Germany, to its credit, reportedly said that<\/a> it would comply.<\/p>\n

    Arming a genocide is complicity in genocide. While Israel gets most of its weapons from the United States, other weaponry comes from<\/a> Germany, Italy, the UK, and Canada \u2014 at least some of which nations also provide parts to U.S. weaponsmakers that provide weapons to Israel. Italian opposition demanded<\/a> an end to it. And then the Foreign Minister claimed<\/a> Italy had stopped shipments on Oct 7. Meanwhile, Canada is coming under pressure<\/a> to cease shipments and prevarications. In Canada, Members of Parliament are among over 250 people hunger striking<\/a> for an arms embargo on Israel.<\/p>\n

    People in the United States can tell Congress to stop arming Israel here<\/a> or here<\/a>.<\/p>\n

    President Joe Biden already faces a lawsuit for aiding and abetting genocide in Gaza. In November 2023, Palestinian human rights organizations, along with Gaza- and U.S.-based Palestinians, filed suit<\/a> in a U.S. federal court seeking declaratory and injunctive relief against the Biden Administration for failing to prevent genocide, and for aiding and abetting genocide. The plaintiffs seek<\/a> an order to end U.S. military and diplomatic support to Israel. A hearing to address the government\u2019s motion to dismiss will be held at 9 a.m. PT \/ 12 noon ET today, Friday. The hearing will be webstreamed to the public.<\/a>\u00a0 You are encouraged to tune in and witness the U.S. government\u2019s attempts at avoiding accountability and justify its support for the genocide that is happening in Gaza.<\/p>\n

    UPDATE: Link to written decision by ICJ<\/a>.<\/strong><\/p>\n

    Key excerpts:<\/strong><\/p>\n

    THE COURT, Indicates the following provisional measures:
    \nThe State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:<\/p>\n

    (a) killing members of the group;
    \n(b) causing serious bodily or mental harm to members of the group;
    \n(c) deliberately inflicting on the group conditions of life calculated to bring about its physical
    \ndestruction in whole or in part; and
    \n(d) imposing measures intended to prevent births within the group;<\/p>\n

    The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;<\/p><\/blockquote>\n

    That means no killing of Palestinians.<\/strong><\/p>\n

    UPDATE: The Media Spin<\/strong><\/p>\n

    The Washington Post:<\/em><\/p>\n

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    The court did not order Israel to do more of anything. It ordered Israel to cease all of some important things, including killing people. Of course it will claim to be killing people without the improper intent in its collective mind, but is already on record with the court on its genocidal intent.<\/p>\n

    The Washington Post<\/em> quickly changed its headline<\/p>\n

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    The New York Times<\/em>:<\/p>\n

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    This is the most common headline out there (even Consortium News<\/em> is declaring defeat<\/a>), and not technically false. But how do you cease killing without ceasing firing?<\/p>\n

    South African foreign minister Naledi Pandor at the Hague says she would have wanted the #ICJ to explicitly call for a ceasefire, but says the only way Israel can meet the order of the court is for there to be a ceasefire.<\/p>\n

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