Showing posts with label International Court of Justice. Show all posts
Showing posts with label International Court of Justice. Show all posts

Saturday, 23 November 2024

On 21.11.24 International Court of Justice in the Hague issued arrest warrants for Benjamin Netanyahu, Yoav Gallant and Mohammed Diab Ibrahim Al-Masri - the latter on the presumption that Al-Masri remains alive


 


 Francesca Albanese

Currently a UN Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967.

Ms Albanese holds a Law Degree (with honors) from the University of Pisa and an LLM in Human Rights from the University of London, SOAS. She is an Affiliate Scholar at the Institute for the Study of International Migration at Georgetown University and a Senior Advisor on Migration and Forced Displacement for the think tank ARDD




 



Saturday, 20 July 2024

Quote of the Week

 

"279. Moreover, the Court considers that, in view of the character and importance of the rights and obligations involved, all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory. They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. It is for all States, while respecting the Charter of the United Nations and international law, to ensure that any impediment resulting from the illegal presence of Israel in the Occupied Palestinian Territory to the exercise of the Palestinian people of its right to self-determination is brought to an end. In addition, all the States parties to the Fourth Geneva Convention have the obligation, while respecting the Charter of the United Nations and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention."

[International Court of Justice, "ADVISORY OPINION", 19 July 2024, p.76]


Friday, 17 May 2024

State of Play in the Occupied Palestinian Territory of Gaza Strip, Day 214 on 17 May 2025

 

According to the United Nations by Day 214 (08.05.24) there were 34,622 recorded Palestinian fatalities in Israel's War on Gaza, 24,686 of which have been fully identified and of those identified 7,797 were children, 4,959 women, 1,924 elderly, and 10,006 men.


Today is Day 223, there is still no ceasefire and est. 1.7 million Palestinian men, women and children have been internally displaced by Israel's ongoing punitive war.


Of these internally displaced persons tens of thousands have had to flee the Jabilia refugee camp in northern Gaza since 11 May 2024 due to an sustained IDF assault and another est. 600,000 people have been part of a forced evacuation from Rafah and it refugee camp since 6-8 May, as Israeli forces completely closed the border crossing bringing humanitarian aid to southern Gaza and continued to target the city.




Internally displaced Palestinians arrive to Khan Younis after leaving Rafah following an evacuation order issued by the Israeli army, southern Gaza Strip, 11 May 2024. EFE-EPA/MOHAMMED SABER

 


The Israeli Defence Force killing of civilians continues across the Gaza Strip.


On 13 May 2024 Egypt's Ministry of Foreign Affairs announced the country intends to file a declaration of intervention in South Africa’s case against Israel at the International Court of Justice (ICJ), in light of Israel’s increasing aggression against Palestinian civilians in the Gaza Strip, as well as the systematic practices perpetrated against the Palestinian people, such as the targeting of civilians and the destruction of infrastructure. Egypt’s announcement follows Columbia and Libya's requests to intervene in the case.


On 15 May the bloc of 27 nations comprising the European Union issued a statement titled "Gaza: Statement by the High Representative on Israel’s operation in Rafah" calling on Israel to refrain from further exacerbating the already dire humanitarian situation in Gaza and reopen the crossing point of Rafah and warning that should Israel continue its military operation in Rafah, it would inevitably put a heavy strain on the EU’s relationship with Israel.


Yesterday,16 May 2024 and again today 17 May the International Court of Justice scheduled public hearings in the matter of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) having received an urgent request for the indication of additional provisional measures and the modification of previous provisional measures from the Republic of South Africa.


Sunday, 7 April 2024

Sometime between 1- 2 April 2024 the State of Israel stepped off the cliff and became a pariah state

 

Sometime between 1 & 2 April 2024 the State of Israel under the direction of the Likud Government did what it had done many times since 7 October 2023, it killed humanitarian aid workers during its war on the Palestinian population within the Gaza Strip.


This time it was six international aid workers with the food aid charity World Central Kitchen and their Palestinian translator. One of those killed was a Melbourne-born Australian citizen, Ms. Lalzawmi "Zomi" Frankcom. Sadly they joined the 176 United Nations aid workers killed since 7 October 2024.


After six months the Palestinian death toll stands at 33,091 civilians killed in ongoing Israeli Defence Force (IDF) attacks - including 13,000 children. With the UN Committee on the Rights of the Child confirming in March 2024 that 27 children have died of preventable starvation - though this number is thought to be a gross underestimation. There is no count possible of the men, women & children missing presumed dead under the rubble in this violent chaos.


This time the world surprised the Likud Government and its IDF - it did not bow down to an international bully and it no longer accepted that what has been occurring in occupied Gaza is a legitimate response by the Likud Government to the death of 1,200 Israelis in a terrorist incursion into Israel on 7 October 2023. 


So on 3 April in a public video statement the unrepentant Israeli Prime Minister Benjamin Netanyahu responded to this rising outrage: "Unfortunately in the past day there was a tragic event in which our forces unintentionally harmed non-combatants in the Gaza Strip". However, he could not stop himself from further stating "This happens in wartime. We are thoroughly looking into it..."


Around forty-eight hours later on 5 April this statement was released:



April 5, 2024


Conclusion of the investigation of the General Staff Fact-Finding and Assessment Mechanism into the incident in which seven employees of the World Central Kitchen were killed during a humanitarian operation in the Gaza Strip


The investigation of the grave incident in which seven workers of the World Central Kitchen (WCK) were killed in the Gaza Strip as a result of IDF fire was carried out by the Joint Chiefs of Staff's Fact-Finding and Assessment Mechanism (FFAM), led by MG (res.) Yoav Har-Even, was presented yesterday (Thursday) to the IDF Chief of the General Staff, LTG Herzi Halevi.


After presenting the findings of the investigation to the Chief of the General Staff, MG (res.) Har-Even presented them to the WCK organization and reiterated the IDF’s deep sorrow about the incident. The findings were also presented in briefings to international ambassadors and journalists.


The event occurred on April 1, 2024, during an operation to transfer humanitarian aid from the WCK to the Gaza Strip. The investigation found that the forces identified a gunman on one of the aid trucks, following which they identified an additional gunman. After the vehicles left the warehouse where the aid had been unloaded, one of the commanders mistakenly assumed that the gunmen were located inside the accompanying vehicles and that these were Hamas terrorists. The forces did not identify the vehicles in question as being associated with WCK. Following a misidentification by the forces, the forces targeted the three WCK vehicles based on the misclassification of the event and misidentification of the vehicles as having Hamas operatives inside them, with the resulting strike leading to the deaths of seven innocent humanitarian aid workers. The strikes on the three vehicles were carried out in serious violation of the commands and IDF Standard Operating Procedures.


The investigation’s findings indicate that the incident should not have occurred. Those who approved the strike were convinced that they were targeting armed Hamas operatives and not WCK employees. The strike on the aid vehicles is a grave mistake stemming from a serious failure due to a mistaken identification, errors in decision-making, and an attack contrary to the Standard Operating Procedures.


After being presented with, and considering the investigation's findings, the IDF Chief of the General Staff decided that the following command measures will be taken: the brigade fire support commander, an officer with the rank of major, will be dismissed from his position. The brigade chief of staff, an officer with the rank of colonel in reserve, will be dismissed from his position. Additionally, the brigade commander and the 162nd Division commander will be formally reprimanded. The IDF Chief of Staff decided to formally reprimand the commander of the Southern Command for his overall responsibility for the incident.


The IDF takes seriously the grave incident that claimed the lives of seven innocent humanitarian aid workers. We express our deep sorrow for the loss and send our condolences to the families and the WCK organization. We consider the vital humanitarian activity of international aid organizations to be of utmost importance, and we will continue to work to coordinate and assist their activities, while ensuring their safety and safeguarding their lives.


The IDF once again emphasizes its commitment to fighting against the Hamas terrorist organization, while upholding the values of the IDF, the laws of war, and avoiding harming civilians. The IDF will learn the lessons of the incident and will incorporate them into the IDF's ongoing operations.


Again the world reacted in a way that the Likud Government had perhaps not anticipated. Many of its allies saw this statement as merely rapping the knuckles of the IDF soldiers involved and glibly moving on with its disproportionally destructive war aimed at ethnic cleansing in occupied Palestinian territory. 


On the same day the UN Human Rights Council issued this press release:


Human Rights Council Adopts Five Resolutions, including a Text Calling foran Immediate Ceasefire in Gaza, Urging States to Prevent theContinued Forcible Transfer of Palestinians Within or From Gaza, andCalling on States to Cease the Sale or Transfer of Arms to Israel


05 April 2024


The Human Rights Council this morning adopted five resolutions, including a text in which it demanded that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment, calling for an immediate ceasefire in Gaza. The Council called upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza, and to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel.


The five resolutions concerned the human rights situation in the occupied Palestinian territory, including East Jerusalem, realising the rights of the child and inclusive social protection, the right of the Palestinian people to self-determination, human rights in the occupied Syrian Golan, and Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan.


Concerning the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice, the Council adopted by a vote of 28 in favour, 6 against and 13 abstentions (as orally revised) a resolution in which it demanded that Israel, the occupying power, end its occupation of the Palestinian territory occupied since 1967, including East Jerusalem. The Council also demanded that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment, and called for an immediate ceasefire in Gaza. The Council called upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza. It called upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel and requested the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to report on both the direct and indirect transfer or sale of arms, munitions, parts, components and dual use items to Israel, the occupying power, and to present its report to the Council at its fifty-ninth session.  [my yellow highlighting]


The Council also requested the Office of the High Commissioner to deploy the additional necessary personnel, expertise and logistics to the occupied Palestinian territory country office to document and pursue accountability for violations of international human rights law and international humanitarian law committed in the occupied Palestinian territory, including East Jerusalem. The Council requested the High Commissioner for Human Rights to report on the implementation of the present resolution to the Council at its fifty-eighth session, to be followed by an interactive dialogue.


As for the rights of the child: realising the rights of the child and inclusive social protection, the Council requested the High Commissioner to prepare a report on child rights mainstreaming across the United Nations, including on the implementation of the Guidance Note of the Secretary-General, and to present the report to the Council at its fifty-ninth session. It also requested the High Commissioner to prepare a report on the rights of the child and violations of the human rights of children in armed conflict and to present the report to the Human Rights Council at its sixtieth session. It requested the Office of the High Commissioner to organise the annual full-day meeting on the rights of the child in 2026 on the theme of the rights of the child and violations of the human rights of children in armed conflicts.


On the right of the Palestinian people to self-determination, the Council adopted by a vote of 42 in favour, 2 against and 3 abstentions, a resolution in which it called upon Israel, the occupying power, to immediately end its occupation of the occupied Palestinian territory, including East Jerusalem, and to reverse and redress any impediments to the political independence, sovereignty and territorial integrity of Palestine, and reaffirmed its support for the solution of two States, Palestine and Israel, living side by side in peace and security. The Council urged all States to adopt measures as required to promote the realisation of the right to self-determination of the Palestinian people and decided to remain seized of the matter.


Regarding human rights in the occupied Syrian Golan, adopted by a vote of 29 in favour, 14 against and 4 abstentions, the Council demanded that Israel immediately cease all settlement-related plans and activities in the occupied Syrian Golan and determined that all legislative and administrative measures and actions taken or to be taken by Israel that seek to alter the character and legal status of the occupied Syrian Golan are null and void. It requested the Secretary-General to disseminate the resolution as widely as possible and to report on this matter to the Council at its fifty-eighth session.


As for Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan, the Council adopted by a vote of 36 in favour, 3 against and 8 abstentions (as orally revised) a resolution in which it called upon Israel to comply with all its obligations under international law and to cease immediately all actions causing the alteration of the character, status and demographic composition of the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan, and to end without delay its occupation of the territories occupied since 1967. The Council requested the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to prepare a report on the identities of settlers, as well as settler groups and their members, that have engaged in or continue to engage in acts of terror, violence or intimidation against Palestinian civilians and the actions taken by Israel and by third States, and to present the report to the Council at its fifty-ninth session.


The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-fifth regular session can be found here.....


Action on Resolution under Agenda Item Two on the Annual Report of the United Nations High Commissioner for Human Rights, and Reports of the Office of the High Commissioner and the Secretary-General


In a resolution (A/HRC/55/L.30) on the Human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice, adopted by a vote of 28 in favour, 6 against and 13 abstentions (as orally revised), the Council demands that Israel, the occupying power, end its occupation of the Palestinian territory occupied since 1967, including East Jerusalem; also demands that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment; calls for an immediate ceasefire in Gaza, for immediate emergency humanitarian access and assistance, and for the urgent restoration of basic necessities to the Palestinian population in Gaza; calls upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza; calls upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel; urges all States to continue to provide emergency assistance to the Palestinian people and calls upon all States to ensure that the United Nations Relief and Works Agency for Palestine Refugees in the Near East receives predictable sustained and sufficient funding to fulfil its mandate; invites the General Assembly to recommend that the Government of Switzerland promptly convene the Conference of High Contracting Parties to the Fourth Convention on measures to enforce the Convention in the occupied Palestinian territory, including East Jerusalem; requests the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to report on both the direct and indirect transfer or sale of arms, munitions, parts, components and dual use items to Israel, the occupying power, and to analyse the legal consequences of these transfers, and to present its report to the Council at its fifty-ninth session; requests the Secretary-General to ensure the availability of all additional resources, including through voluntary resources, necessary to enable the Commission of Inquiry to carry out its mandate; requests the Office of the High Commissioner to deploy the additional necessary personnel, expertise and logistics to the occupied Palestinian territory country office to document and pursue accountability for violations of international human rights law and international humanitarian law committed in the occupied Palestinian territory, including East Jerusalem; and requests the High Commissioner for Human Rights to report on the implementation of the present resolution to the Council at its fifty-eighth session, to be followed by an interactive dialogue; and decides to remain seized of the matter.


The results of the vote are as follows:


In favour (28): Algeria, Bangladesh, Belgium, Brazil, Burundi, Chile, China, Cote d’Ivoire, Cuba, Eritrea, Finland, Gambia, Ghana, Honduras, Indonesia, Kazakhstan, Kuwait, Kyrgyzstan, Luxembourg, Malaysia, Maldives, Morocco, Qatar, Somalia, South Africa, Sudan, United Arab Emirates, and Viet Nam.


Against (6): Argentina, Bulgaria, Germany, Malawi, Paraguay and United States.


Abstentions (13): Albania, Benin, Cameroon, Costa Rica, Dominican Republic, France, Georgia, India, Japan, Lithuania, Montenegro, Netherlands, and Romania.


In Australia these words were penned in a small daily newsletter and a pithy cartoon drawn......


The Echidna, newsletter, 5 April 2024:


Israel on the brink of becoming a pariah state

Thursday April 4, 2024

John Hanscombe


Shit happens, especially in war. At least that's what Benjamin Netanyahu tells us with brute insensitivity while admitting the IDF was responsible for the strike that killed seven aid workers, including Australian Zomi Frankcom, in Gaza.


Any comfort for the families of the slain that may have come from the admission of responsibility evaporated with the caveat the Israeli PM appended to his wafer thin expression of remorse. But we shouldn't be surprised, nor should we be shocked.


Netanyahu has been making poor excuses for the abominable conduct of the war in Gaza for months now. Every hospital or school obliterated, every air strike that takes the lives and futures of Palestinians dug out of the rubble of their crowded homes has been rationalised as the unfortunate but necessary mechanics of war.


Whatever high moral ground Israel had after the October 7 Hamas atrocities has been abandoned. After months systematically levelling Gaza, claiming more than 30,000 lives in the process and ignoring pleas from the global community to exercise restraint, the country now teeters on the brink of becoming another pariah state. Just like those it routinely condemns.


Many Israelis know this. They're out on the streets in their thousands demanding the resignation of Netanyahu because of his mishandling of the war. They know the chances of seeing hostages returned diminish every day the relentless bombing continues. Some no doubt wonder if Netanyahu ever really intended to have the hostages returned or whether in his ruthless calculus they were always collateral damage.


And Jewish people around the world are coming to the same realisation. The Jewish Council of Australia yesterday called on Australia to cut all military ties with Israel and impose sanctions while the Zionist Federation of Australia predictably sheeted blame for the Australian's death on Hamas.


Until now, I'd been loath to weigh into the Gaza conflict. Nothing I could do or so say would make any difference and there was the risk of a pile-on from one side or the other. But I'd encountered the good work of World Central Kitchen at another catastrophe on the other side of the world, which somehow made Zomi Frankcom's death seem personal.


Covering the aftermath of the Lismore floods, I'd come across WCK volunteers providing meals for the residents of that shattered town. This was no distant disaster response seen through the lens of the TV news. It was up close and very real. And the gratitude of the traumatised flood survivors who gathered to be fed was palpable. [My yellow highlighting]


They found not only physical sustenance but fellowship as well. Tears flowed in the troubled eyes of one fellow, who told me his soul was filled with mud, as he gave thanks to the people like the WCK crew who had helped him, not just with food but with kinds words and hope.


Now, the help that was given to Palestinians has been paused, not just by WCK but by other aid groups who fear for their workers' safety.


Yet again the innocent suffer. Yet again, shit happens.


Peter Broelman









Monday, 26 February 2024

A little bit about the second set of International Court of Justice hearings in 2024 concerning 'The Question of Palestine'


Because The Question of Palestine, the nature of political and diplomatic processes undertaken to resolve this 76 year-old question — in order that Palestine is recognised under international law as a sovereign state whose citizens enjoy the full range of humanitarian and political rights and protections — will in large measure define the status and gravitas accorded to the United Nations going forward by nation states as the world moves further into an epoch of climatic, geo-political and social disruption, it does no harm to be watchful as events unfold. 

Additionally, mainstream media coverage has been rather limited in Australia concerning legal deliberations relating to Palestine since the International Court of Justice Order of 26 January 2024 and the Australian Government has been noticeable by its silence on the most recent hearings.

So here is a basic record of what occurred after the United Nation General Assembly's 12 page Request for an Advisory Opinion pursuant to General Assembly resolution 77/247 of 30 December 2022, with regard to Legal Consequences Arising From The Policies And Practices Of Israel In The Occupied Palestinian Territory, Including East Jerusalem, began six days of public hearings on Monday 19 February 2024, at 10 a.m. at the Peace Palace, with President Salam presiding.

The Court was asked to render an opinion on the following basis:

considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:

(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?” 


The public hearings......


DAY ONE

The State of #Palestine opens the public hearings in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, before the #ICJ

 https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_q64rcbqd/embed/dynamic


DAY TWO

The #Netherlands#Bangladesh and #Belgium present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_4366a9cv/embed/dynamic


#Belize#Bolivia #Brazil and #Chile present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_2ya4lbdu/embed/dynamic

 

DAY THREE

#Colombia#Cuba#Egyptthe #UAE and #USA present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_79dssjrs/embed/dynamic


 #Russia#France#TheGambia#Guyana and #Hungary present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_ryz6ss88/embed/dynamic


DAY FOUR

#China#Iran#Iraq#Ireland#Japan and #Jordan present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_b46jqhoc/embed/dynamic


#Kuwait#Lebanon#Libya #Luxembourg#Malaysia and #Mauritius present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_8wd5swem/embed/dynamic


 DAY FIVE

#Namibia#Norway#Oman#Pakistan#Indonesia and #Qatar present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_1m0ok1bf/embed/dynamic


#UnitedKingdom#Slovenia#Sudan#Switzerland#Syria and #Tunisia present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_vx79z7wp/embed/dynamic


DAY SIX

#TĂĽrkiye, #Zambia, #League of Arab States, #Organisation for Islamic Cooperation and #Africa Union present their oral statements in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

https://cdnapisec.kaltura.com/index.php/extwidget/preview/partner_id/2503451/uiconf_id/43914941/entry_id/1_vew5z58l/embed/dynamic


NOTE: Verbatim records of all oral proceedings can be found at: https://www.icj-cij.org/case/186/oral-proceedings


~~~~~~~~~~~~~~~~~~~~~~


Earlier, on 16 February 2024 in the matter of the Republic of South Africa v The State of Israel the International Court of Justice issued this media release in response to the situation in Rafah in the far south of the Gaza Strip near the border with Egypt:


Thursday, 1 February 2024

In the global response to the War on Gaza words matter.....

 

Likud Prime Minister Benjamin Netanyahu, posting in English via @netanyahu on 27 January 2024, a day after the International Court of Justice published its Order binding the State of Israel:


"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 [sic] against Israel is not only false, it’s outrageous, and decent people everywhere should reject it."


The disconnect between those words, along with other recent statements made by the Likud Party leader, and the words found in the International Court of Justice Order of 26 January 2024 are being noticed.


 


CDU EXPERT: The ICJ’s order rebuts denials and is binding with its “Israel must”

 
 
Charles Darwin university
 
 


Hard facts, semantically clear landmark verdict

31 JANUARY, 2024


Who: Charles Darwin University forensic linguistics expert Dr Awni Etaywe is a lecturer in linguistics and a forensic linguistics researcher focusing on terrorism, incitement to hatred, radicalisation and genocide, and digital deviance. He is a former United Nations Expert on Mission and Observer of human rights violations in the Democratic Republic of Congo, with training on the law of armed conflict and the protection of civilians and children.


Topics:

  • Israel’s response to South Africa’s case and the International Court of Justice's order.

  • The International Court of Justice rebuts Israel’s denials and claims, and decides it is a plausible case of genocide.

  • The UCJ’s order is legally binding, and the Court sees that “Israel must” conform.

  • Predictably, language is a main part of evidence to decode a genocidal intent and determine a plausible case of genocide.

  • Violence in Gaza is a form of “genocidal moments” and placed within a broader settler-colonial context.

 

Quotes attributable to Dr Awni Etaywe:


“The Court issued its binding evidence-based order, using the 'Israel must' phrase where Israel not only 'must' 'take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations…' but also 'must submit a report to the Court on all measures taken to give effect to this Order within one month, as from the date of this Order. The report so provided shall then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon.'"


“The Court enacts tenor through high modality – 'must' – a linguistic means through which the Court expresses the highest level of intensity of obligation.”


“What are these must-take measures? The Court considers that:


  • “Israel must […] take all measures within its power to prevent the commission of […]: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group.

  • “…Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.”

  • “…Israel must 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.”

“As predicted, speech function and dehumanising language was under the microscope of the Court to establish evidence of encoded genocidal intent.


"Judge Nolte adds that '…certain statements by Israeli State officials, including members of its military, give rise to a real and imminent risk of irreparable prejudice to the rights of Palestinians under the Genocide Convention.' In response to this genocidal language, the Court orders Israel to do the following:


  • “…Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.”

“Netanyahu politically (again, not legally) labelled the ‘crime of crimes’ charge as 'outrageous', while Yoav Gallant countered by characterising South Africa’s case as 'antisemitic'."


"In the face of political dynamics and the framework of international law, nations worldwide are confronted with a critical choice.”     

ENDS                                           




Note

Judge Georg Nolte is a German jurist, former Professor of Public and International Law, a former member of the International Law Commission and a current Member of the International Court of Justice since 2021.


Sunday, 28 January 2024

International Court of Justice has decided there is a prima facie case against Israel and a full trial will take place, with a provisional order now in place requiring the State of Israel to ensure with immediate effect that its military does not commit any acts of genocide

 

On 29 December 2023 the Republic of South Africa made an application to the International Court of Justice instituting proceedings in accordance with Articles 36 (1) and 40 of the Statute of the Court and Article 38 of the Rules of Court against the State of Israel. The Application included a request that the Court indicate provisional measures to protect the rights invoked (as found in the UN 1948 Convention on the Prevention and Punishment of the Crime of Genocide) from imminent and irreparable loss.


The Court sat for two days, 11 & 12 January 2024, and both South Africa and Israel put their cases concerning the rights and responsibilities found in the Genocide Convention and, whether the actions of the Israeli Government since 7 October 2023 had caused acts of genocide against the Palestinian people in the Gaza Strip, had established a credible risk of genocide or that Israel's actions did not in fact involve genocide.


The Court adjourned and deliberated for thirteen days, then delivered its findings and decision.


It couldn't be any clearer, the State of Israel is on notice and a full trial will take place.



International Court of Justice (The Hague), South Africa v Israel, Summary of the Order of 26 January 2024, (Provisional Measures), excerpt:


OPERATIVE CLAUSE (PARA. 86)


The full text of the operative clause of the Order reads as follows:

For these reasons,

THE COURT,

Indicates the following provisional measures:


(1) By fifteen votes to two,

The 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:

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and

(d) imposing measures intended to prevent births within the group;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde [representing the Republic of Uganda]; Judge ad hoc Barak [representing the State of Israel];


(2) By fifteen votes to two,

The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde; Judge ad hoc Barak;


(3) By sixteen votes to one,

The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;

AGAINST: Judge Sebutinde;


(4) By sixteen votes to one,

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;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;

AGAINST: Judge Sebutinde;


(5) By fifteen votes to two,

The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip;

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde; Judge ad hoc Barak;


(6) By fifteen votes to two,

The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.

IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;

AGAINST: Judge Sebutinde; Judge ad hoc Barak.”

*

Judge XUE appends a declaration to the Order of the Court; Judge SEBUTINDE appends a dissenting opinion to the Order of the Court; Judges BHANDARI and NOLTE append declarations to the Order of the Court; Judge ad hoc BARAK appends a separate opinion to the Order of the Court.

___________


In South Africa v Israel the full Summary of the Order of 26 January 2024 can be read and downloaded at:

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-sum-01-00-en.pdf.


The full APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL) - 26 January 2024 Order can be read and downloaded at:

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf