Case 192 - International Law on Trial
Case 192 - International Law on Trial
ICJ Israel Genocide Hearings Jan 2023
Summary
A review of the case against Israel - background, legal teams and analysis of both the South African Applicant case and the Israeli Respondent defence.
ICJ Case 192 29 Dec 2023 🔗👉link to page on ICJ website here
It must be a clear cut case of genocide IN PARTICULAR with precedents from multiple other cases on the Court.
International Law is on trial because
❌ if Israel are NOT charged…. then it basically by precedent gives free rein for rogue states to do what they please UNLESS the ICJ take pains to point out its on the high bar to meet genocide definition and goes further to scold Israel that if it were a straight War Crimes case it would be a VERY different story.
✅ if Israel IS charged … it drives a wedge between the US, UK and the rest of opinion. Sanctions would need to follow - and the same way Israel vowed on Oct 8 “to change the Gaza Strip forever” this will change the Israeli State forever.
I hope the latter … and the current right wing nutters get dispelled and replaced by more moderate voices (as Hamas MUST go) to work to a peace but unfortunately as at today (17 Jan ) I still think the bar on genocide WILL NOT be met and case thrown out on that.
I do hope I am wrong.
Update 26/1 - I was wrong… sort of. Article below discusses the ICJ Findings from Fri 26/1
Contents
🇵🇸 DAY 1 - Thu 11 Jan - SOUTH AFRICA
🇮🇱 DAY 2 - Fri 12 Jan - ISRAEL
🇮🇱✅💩 Summary of Israel’s Arguments - Valid Legal points and SHITE
❓Neutral - Israeli arguments needing more research (from me - I can’t comment)
INTRODUCTION
South Africa on 29 Dec 2023 referred Israel to the ICJ to investigate Israel for the crime of genocide.1
Why? Because all attempts at ceasefire have failed due to the UN continued blocking of UNSC and this offers a legal route with precedent to ruling in the interim for a ceasefire ahead of the whole case being prosecuted.
Mandela - there in spirit
They would make Madiba proud. The precedent reviewed from the ICJ will ensure that the consistent rule of law is applied - and Israel it treated appropriately as others.
“You can call it being political or a moral question, but for anyone who changes his principles depending on whom he is dealing, that is not a man who can lead a nation” - Nelson Mandela on dealing with Israel: June 21 1990 - first visit to the US after prison
Provisional Measures - Ceasefire
The Court findings on genocide can take years. But a ceasefire can be called for with “Provisional Measures” to stop the conflict ahead of the findings.
The clause invoked;
The Application also contains a Request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court. The Applicant requests the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.
Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.
Full text of South Africa’s application here2.
Israel Response - Antisemitism Trope - “Blood Libel”
Israel of course strongly objected and called Israel’s accusations “Blood Libel”.
Blood libel - refers to the way medieval Europeans would falsely accuse Jews of murdering Christians in blood sacrifices in order to justify persecuting them.
Which is to say, Israel has responded to South Africa's accusations by accusing South Africa of anti-semitism.
Article by writer Caitlin Johnstone3:
False accusations of anti-semitism are all Israel and its defenders have left. It’s the only tool left in their toolbox. Once you’ve exhausted the “But Hamas!” and “But October 7!” excuses they make for Israel’s deliberate butchery of civilians via airstrikes and siege warfare, false accusations of hating Jews is all that remains.
And it’s so sick, because it exploits a healthy impulse in those of us who oppose racism and genocide, and does so in order to defend racist acts of genocide. It causes people who care deeply about human rights to take a step back and say “Hold on, am I guilty of embodying the same hateful prejudices which led to the Holocaust?” and shuts us down and shuts us up, even as Israel rolls out its own holocaust against Palestinians.
It exploits a noble, healthy inclination we cultivate in ourselves in good faith in order to support the horrific genocidal nightmare in Gaza in entirely bad faith. It exploits our good nature to advance a profoundly evil cause. It’s despicable. It’s depraved.
Israel apologists always speak as though all critics of Israel are constantly obsessing over Jews, when nothing remotely like that is happening. It’s a fantasy. The only reason people like me ever make any mention of Jewishness is because 90 percent of the arguments made by Israel’s defenders rely on babbling about Jews and antisemitism, and those arguments need to be addressed.
A fair comment … on the constant accusations of antisemitism linked to criticism of the State of Israel’s actions.
Like Caitlin - it hadn’t crossed my mind, an honest humanitarian supporting action. The accusation of antisemitism reeks of desperation and dishonours the memory of those truly affected by antisemitism.
Precedent in Response to Genocide: Gambia v Myanmar (11 Nov 2023)
Potential supporting arguments FOR South Africa’s Application for Genocide War Crime investigation of Israel - case against Myanmar
A genocide case was brought against Myanmar by The Gambia on 11th November 2019 over its 2016 massacre of the Rohingya Muslims in Rakhine State4.
This was filed with the ICJ and is running actively as case 178 on the ICJ Website.
On 16th November 2023 a number of States INTERVENED to place arguments to further enhance the case5. Those countries were:
Canada
Denmark
France
Germany
Netherlands
UK
Their joint document is here.
The expectation is - will there be the same sort of intervention document produced in the future to prosecute the case against Israel?
I hope prosecution lawyers are watching this carefully and noting the precedent by these countries and hypocrisy if they DO NOT intervene in the same way in the Israel case.
Hinging on the definition of “occupied”
Note that a key point under International Humanitarian Law (IHL) is the definition of an “occupied” territory - which Israel argues Gaza is not from the 2005 withdrawal despite maintaining full control of the Strip from external border control.
Untrue - Israel is de facto the Occupying Power and hence subject to certain responsibilities under IHL; see detailed legal review on this very point from a 2009 Amnesty International Report.
For a full reference review of International Law (types, conventions, examples) see supporting article below:
International Law:
Bibi’s Pre Case Final Plea
Netanyahu gave a Press Conference the day before the hearing to give assurances on Israel’s approach - with a notably different, reasonable tone of voice and appeal wearing a smart suit rather than black or military fatigues and in English.
I couldn’t resist…. (Mossad knocking on the Aussie front door….!)
👩⚖️⚖️ THE LEGAL TEAMS
The date has been set for the case 11th and 12th January 20236. Looking at the different legal teams.
ICJ Judges
ICJ President Joan Donoghue - former US State Department official.
The ICJ has a panel of 15 international judges to hear the case. South Africa and Israel are also entitled to appoint Judges (Article 31 Para 2,3 ICJ Statute - if State Party does not have Judge representative on the ICJ Panel they are entitled to appoint one to sit ad hoc on that specific case7).
🇿🇦 South Africa - Dikgang Moseneke, former Deputy Chief Justice of South Africa.
🇮🇱 Israel - tbc - was mooting Alan Dershowitz Harvard Emeritus Professor of Law8 but;
Dershowitz recently named in the unsealed Court Documents in the Jeffrey Epstein sex trafficking case9
Reputation - Comment: does Israel really want a man defending them that also defended:
Jeffrey Epstein himself in 2007 attaining the “sweetheart deal”10 which spared Epstein from Federal prosecution enabling him to continue his crimes - “immunized Epstein for multiple alleged offences involving underage girls in exchange for his guilty pleas to two comparatively minor sex crimes in Florida state court. And Epstein’s lawyers persuaded the federal government to keep the terms of the agreement secret“
Harvey Weinstein11
OJ Simpson
Mike Tyson
They didn’t of course go with Dershowitz but an incredible consideration….
🇮🇱 Israel has selected Aharon Bark as judge on the panel. Bark is an ex-Holocaust survivor and an ex-Supreme Court Judge
Not a current Judge12, but served despite serving 28 years on the Supreme Court. Noting the same Court has just:
thrown out the Israeli Government’s attempt to remove appeals by the Supreme Court
thrown out exemption from prosecution for Netenyahu in certain circumstances until the current crisis over
Amazingly Barak criticised Netenyahu for the judiciary reforms with supporters labelling him at the time an “enemy of the nation” and besieging his house for days13.
But he’s not been brought in for domestic politics. It’s for the larger view and unfortunately also bringing an emotive link to The Holocaust. There are other Holocaust Survivors against Israel’s policies, and children of those survivors - just not as eloquent.
I do hope he doesn’t weaponise the Holocaust in his summation - Yad Vashem were furious with the Israeli Ambassador in October for wearing a gold Star of David in the UN and claiming victimisation as during the Holocaust.
🇿🇦 South Africa Legal Team
Legal Team14:
John Dugard - SA foremost international law expert, ex-UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory
Adila Hassim - SA lawyer in social justice issues
Tembeka Ngcukaitobi - SA lawyer and legal scholar; brought down President Jacob Zuma on wide-scale corruption charges
Max du Pleiss - barristers and Associate Professor of Law. Appeared in leading cases on international law and human rights in South Africa’s highest courts
Other - SA lawyers Shidiso Ramogale, Sarah Pudifin-Jones, and Lerato Zikalala
External Counsel
British Barrister Vaughn Lowe
Irish Barrister Blaine Ni Ghralaigh
🇮🇱 Israel Legal Team
Legal team appointed:
Malcolm Shaw - (lead) British academic, author and lawyer15 - C, Emeritus Sir Robert Jennings Professor of International Law, University of Leicester; associate member of the Institut de droit international, member of the Bar of England
and Wales,
Tough nut, law professor, specialising in territorial disputes and a human rights expert - represented in the international court UAE, Serbia, Cameroon.
Other legal team:
Tal Becker, Legal Adviser, Ministry of Foreign Affairs of the State of Israel,
Galit Raguan (listed as “Mr” in the ICJ doc!), Director of the International Justice Division, Office of the Deputy Attorney General for International Law, Ministry of Justice of the State of Israel,
Omri Sender, Attorney at Law, S. Horowitz & Co, Tel Aviv
Christopher Staker, 39 Essex Chambers, member of the Bar of England and Wales,
Gilad Noam, Deputy Attorney General for International Law, Ministry of Justice of the State of Israel - delivering the coup de grâce
🇵🇸 DAY 1 - Thu 11 Jan - SOUTH AFRICA
Day 1 Court Transcript here:🔗👉 https://www.icj-cij.org/sites/default/files/case-related/192/192-20240111-ora-01-00-bi.pdf
Day 1 ICJ TV Recording: 📺🔗👉 https://webtv.un.org/en/asset/k11/k11gf661b3
Both the ICJ and UN TV websites live streaming the case were down so I ended up watching on Al Jazeera, who always stream a collage of images.
Summary South Africa’s Performance
Summary Review ahead of breakdown next sections
They got the ordering right, absolutely brilliant emotive speeches from the South African lawyers and notably without displaying graphic images.
Pre-Empting of Israel’s Case
Graphic Images - it is expected Israel will show part of Oct 7 video. South Africa contrasted its case by NOT showing Palestinian atrocities letting the words speak for themselves.
Hamas - underplaying Hamas as cannot prosecute them here, and already condemned October 7th and regardless retaliation cannot be used as excuse. Israel will concentrate on this unnecessarily.
Case Structure & Comment
The case was structured:
Introduction (Ronald Lamona, South African Justice Minister)
Impact on Palestinians - horrific litany of the impact on Palestinians (Adila Hassam)
Demonstrating Intent - a key tenet of genocide (Tembeka Ngcukaitobi)
Jurisdiction - legality of the case, technical (John Dugard) - rambling a bit, not particularly strong - but it was the dry legal stuff.
Plausibility - establishing that an accusation of genocide was at least PLAUSIBLE and international law COULD be interpreted in such a way to meet conditions of genocide - THEREFORE the court must impose provisional measures whilst there is possibility of case (Max du Pleiss) - brilliant hard hitting accusatory performance. This guy is the Afrikaans “bad cop”.
Risk of further acts if not stopped - (Blinne Ní Ghrálaigh, Irish KC) - a brilliant performance. She started in French to apologise for a technicality that the case was not submitted in French, and meant no disrespect. She switched to English, and ended in French.
Provisional Measures - what is asked for and why (Vaughn Lowe). Started off a bit haphazard academic - but eased into experienced legalese and very eloquently stated what MUST happen, essentially the ceasefire.
Request- formally what is being asked for, from the case (Vuisimuzi Madonsela, Agent for South Africa)
Request
1) The State of Israel shall immediately suspend its military operations in and against Gaza.
(2) The State of Israel shall ensure that any military or irregular armed units which may be directed, supported or influenced by it, as well as any organisations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations referred to point (1) above.
(3) The Republic of South Africa and the State of Israel shall each, in accordance with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people, take all reasonable measures within their power to prevent genocide.
(4) 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 the Palestinian people as a group protected by the Convention on the Prevention and Punishment of the Crime of Genocide, desist from the commission of any and all acts within the scope of Article II of the
Convention, in particular:
(a) killing members of the group;
(b) causing serious bodily or mental harm to the 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.
(5) The State of Israel shall, pursuant to point (4)(c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:
(a) the expulsion and forced displacement from their homes;
(b) the deprivation of:
(i) access to adequate food and water;
(ii) access to humanitarian assistance, including access to adequate fuel, shelter,
clothes, hygiene and sanitation;
(iii) medical supplies and assistance; and
(c) the destruction of Palestinian life in Gaza.
This is basically UNSC in November…
(6) The State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals which may be directed, supported or otherwise influenced by it and any organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in (4) and (5) above, or engage in direct and public incitement to commit genocide, conspiracy to commit genocide, attempt to commit genocide, or complicity in genocide, and insofar as they do engage therein, that steps are taken towards their punishment pursuant to Articles I, II, III and IV of the Convention on the Prevention and Punishment of the Crime of Genocide.
(7) 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 of the Convention on the Prevention and Punishment of the Crime of Genocide; to that end, the State of Israel shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence.
Comment: Noting that the October 7th IDF security camera footage across the whole fence HAS DISAPPEARED…16
(8) The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one week, as from the date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court.
🇮🇱 DAY 2 - Fri 12 Jan - ISRAEL
Day 2 Court Transcript here:🔗👉 https://icj-cij.org/sites/default/files/case-related/192/192-20240112-ora-01-00-bi.pdf
Day 2 ICJ TV Recording: 📺🔗👉https://webtv.un.org/en/asset/k1c/k1c10lsjoq
Summary Israel’s Performance
Summary Review ahead of breakdown next sections. So much to unpack here will break it out in more detail than SA case since this is the first time Israel has had to mount a defence publicly EVER - in particular of the broader content trying to frame as for its very existence.
The Outcome
😞 First off, unfortunately I think the genocide case will be thrown out. LEGALLY - no matter the humanitarian crisis (which Israel even disputes) - if you can’t meet genocide definitions - assessable even in the short time requested first provisional measures - it will get thrown out.
I’m so ANGRY at this. Technically Israel are correct (I’ll be surprised if ICJ finds different on plausibility of genocide - I’d be looking for any “out” here and legal technicality perfect) - but equally where else do you go? ( a few ideas below )
The Performance
Some unfortunately correct legal technicalities.
But then used as a huge platform for trying to show Israel’s “most moral army in the world” STATED approach which I don’t think anyone was buying.
So much irrelevant BS to the case - but unfortunately the legal technicality offers an out as below.
THANK GOD they were disallowed from showing the Oct 7th video, put into Judge’s folders rather than shown. I am utterly horrified by 7th, hope those vile murderers in Hamas are brought to trial in the ICC. But no-one globally should see that involuntarily watching the ICJ proceedings.
🇮🇱✅💩 Summary of Israel’s Arguments - Valid Legal points and SHITE
Summarised below, detail in following sections;
🇮🇱💪 Strong arguments by Israel;
🥇✅Cannot prove Intent: Key Tenet of Genocide EVEN for the shorter immediate provisional activity
On review - I DO think that various “words in anger” and IDF soldier videos don’t constitute intent. Despite Bibi making some shocking statements and the War Minister (against Israel’s argument they not in the chain of command) I’ve not seen more accusations. The nutter that talked about nukes was a one-off from a dickhead immediately condemned.
Also ineffective in occasions as it may have been - Israel has been asking people to leave areas (and yes I know some people were advised to move back and bombed later). But it’s a fair point - “if we spend all this time asking people to leave, where is intent?”
The longer case can investigate individual cases but it’s a point and I would need to check, but Israel’s APPARENT actions are unlike other genocide cases.
Germany is throwing its weight behind ensuring the definition of Genocide is protected which will give further weight to the ICJ to throw this out early (though Germany’s intervention would only be in the longer case, not provisional ruling17).
✅Cannot prove dispute; technicality - a precursor for actually bringing a case at the ICJ (surely the ICJ should verify this first??)
“we didn’t reply to South Africa, and when we did not enough time; court says we need to resolve offline before coming to Court”
Some bullshit about a Jewish public holiday (kinda bad if you consider your existence is on trial) but fair point.
A nice “if the glove don’t fit you must acquit” catchphrase - “it’s not a dispute, it’s a unispute”. Dang.
✅”you cut and pasted request from Myanmar case”; well trying to make them look like buffoons (and nothing like a British accent for that, even if he was a posh northerner) - pointed out SA request included “irregular armed units or individuals working with occupying power to cease hostilities” - by that from Myanmar mercenary groups.
Fair point saying IDF only operating here - I doubt Putin would lend them the remnants of Wagner!
Unless it was a veiled reference to AUKUS special forces operating covertly on the ground with the IDF ( a possibility but they wouldn’t be “irregular”) a bit of a minor boo boo.
🇮🇱💩 BULLSHIT arguments by Israel (each marked with SHITE emoji to be clear it’s not a statement of fact!)
But unfortunately trumped by above point legally specific to genocide definition rather than fact there is a humanitarian crisis;
💩 There’s no urgency… WTF?!!!
Only in the last few weeks - with the ICJ case looming - has Israel appeared to adjust rhetoric, focus on drone strikes; how convenient, and an integral part of their defence. When the case thrown out they will have free rein to continue as before.
💩 Israel is delivering relief – THERE IS NO HUMANITARIAN CRISIS; WTF?
Israel talked up the provision of water, and other supplies and working with various international agencies - “we update and have been publishing the supplies every day on the Co-Ordination of Government Activities in the Territories (COGAT) website”.
If anything the opposite
the UN and MULTIPLE agencies are reporting humanitarian disaster worse than anything seen - risk of starvation, disease - I guess (as with anything else) - “you are ALL wrong, we are right”. FFS.
David Cameron himself said they need to turn water supplies on
international agencies have been frustrated by lack of co-operation by Israel - in the last week
So to suddenly claim to be a friend of international agencies and to have all supply routes open is simply not true. The evidence speaks otherwise. And Hamas isn’t “stealing everything”.
Another lawyer in Israel’s team analysing South Africa’s request took exception to the word “desist” as it implied Israel was currently breaching things like - deprivation of access to food and water, humanitarian assistance … etc. which of course they are. FFS.
Video below: UK Foreign Secretary David Cameron floundering in the Foreign Affairs Committee on 9 Jan 202418 on human rights breaches (water) and whether or not UK Government lawyers advised him there were ground for human rights breaches. You can read between the lines.
(It should be noted though … human rights abuses do not amount to genocide, war crime).
💩 The most moral army in the world; INTERNAL PROCEDURES which must be followed; Government documents demand protection= we PROTECT citizens
I don’t doubt the IDF has a complex series of written procedures for engagement, “T&C Disclaimers” (essentially) they may need to read out at the start of each day.
The Court will love that - BUT they are clearly not doing that.
They also provided internal Government documents where Israeli Ministers time and time again talk to avoiding harming civilians after each directive.
Government lawyers cut and paste these T&Cs for the very purposes of covering the politicians through official deniability like this - it’s the actions that speak for themselves.
This will take time to prove in the longer case. But actions speak louder than admin.
It’s those same procedures broken time and time again before October 7th. And why there is another open case from 2014 Gaza bombing when there was not even a ground invasion?19
So great was the 2014 injustice and so long did it take to get to the ICC (SIX YEARS!) that 10 Israeli Human Rights Organisations voluntarily wrote to the ICC offering to provide their evidence on Israel’s breaches of human rights to augment the case.20
See a full history of Israel’s breaches and open cases here:
Why are there MULTIPLE reports of the brutality of IDF soldiers, clearly not following their own rules of engagement.
Most recently and indisputable the execution of three men, to prove no explosives or weapons stripped to the waist, waving a white flag, shouting in Hebrew. Two executed immediately, one badly wounded, and when he came out waving the flag he was finished off.
Those men were Israeli hostages.
That is not the “fog of war”.
See article on the men who turned out to be hostages murdered by the IDF and similar cases below:
💩 “astonishingly South Africa are asking Israel to cease military operations”
WTF? Based off the BS in this section - “it’s going humanely” - they can’t believe the auditicy of the request to stop “achieving their military objectives” which they see as internal to Israel.
That’s the point …. they constantly REBUFF international opinion and carry on as they please. This statement is a perfect example of that rhetoric and proven activity.
As example of their indignant arrogance is that they said “I can’t believe UN 2334 Resolution 2016 has the AUDICITY to tell us our West Bank Settlements are illegal”. And sod all has happened about that.
💩 “it’s urban warfare - unfortunately people will die” and “Hamas stated deaths/casualties can’t be trusted”
This is the point on the horrendous disproportionality of response. Trying to obfuscate this big time… how is a 2000lb bomb on a refugee camp “people will die” (But that’s an individual war crime…)
💩 “hostages - is there a reason these people on your screen are not worthy of protection?”; [shows hostages]
the AUDACITY - hostages v thousands of civilians killed. They are not stupid - this is an indication of their value of an Israeli life to a Palestinian.
💩 “South Africa ARE the legal arm of Hamas”
PLEASE. Any country could have brought the genocide case as a signatory as indeed is their duty. The mighty Gambia raised the Myanmar case. This is just offensive BS. Whoever the fuck else brought it would equally be viciously defamed.
💩 “the fact South Africa mentioned Hamas in passing is unbelievable”;
because already condemned the Oct 7 attack and it is IRRELEVANT to this case because
Hamas is NOT a State - so ICJ no jurisdiction (ICC war crimes - proceeding separately) not worth spending time on
OCT 7th DOES NOT justify Israel’s retaliation. To spend time on this - horrific as it was - is just propaganda. And that’s exactly what Israel did . They were actually blocked from showing footage but put in the Judge’s files. That’s for the ICC so stop platforming here.
IRRELEVANT but fair point - the Hamas guy that mentioned “we will do October 7th again and again”. Agree that Hamas should NOT be in charge post ceasefire - but also I do not agree with Israel’s argument that ceasefire is one way and Hamas can continue to attack at will.
Remember the guy above is the same guy in 2006 when Hamas MARGINALLY voted in who lied and said “we are just a moderate party believing in human rights and fairness”21. The Palestinians were duped … but that does not make ALL of them complicit.
Regardless - the judges shouldn’t even consider this - irrelevant. It’s just Israel manipulating the world stage when they have it.
💩 Hamas booby trapped buildings and alleyways; we were just destroying these for safety
WTF - first time heard this. Seriously…. is that the excuse for completely levelling Gaza?
That’s what post-Ceasefire - peacekeeping troops do as a program on being able to repopulate an area.
So Israel’s heavy handed approach is to blow the whole thing up (even if it were true).
If anything - it’s part of ethnic cleansing - and allowing more Israeli troops and material to come in (a bit like bulldozing a path through a refugee camp, and we saw how that went).
💩 “Israel’s existence is on trial going back to 1948 - South Africa greatly expanded scope”
WHY did SA mention past history? Because as everyone is aware Israel have been treating the Palestinians terribly for YEARS.
Just as Oct 7 doesn’t excuse Israel’s reaction, the mistreatment doesn’t excuse Hamas Oct 7.
But for CONTEXT and open cases, Resolutions to quote UN SG “it didn’t happen in a vacuum”.
💩 “Israel are the indigenous people”
Off the back of above, started talking before 1948 - Balfour declaration, and even tribes of Judea etc.
Please - it’s getting on the “continually occupied” BS - “thousands of years ago … the yes a small minority for a period hardly continuously occupied”
❓Neutral - Israeli arguments needing more research (from me - I can’t comment)
‘Ca Canny - I’m not sure so can’t rule out below.
❓South Africa requesting measures in the Request referring to “Palestinians” rather than “Palestinians in Gaza” opens up Israel to further compliance actions required on the West Bank and other Occupied Territories;
This sounds like a fair point. This should JUST be geographically restricted to actions where the genocide occurring. To check.
❓Israel has the right to defend itself
Under the UN Charter they have right to defend themselves.
UN special rapporteur says no, where does proportionality come into “defence” and the EU President said early on 19 Oct apparently below .. has this been adjusted?
❓Israel can bomb hospitals if used as human shields
I’d need to check Geneva conventions - but there MUST be the 1977 Proportionality Protcol taken into account here which I think is the key point. Dropping a big-ass bomb on a hospital to smash a few tunnels is NOT protected under the Geneva Convention…. still will check before putting in “SHITE” bucket.
Case Structure & Comment
The case was structured:
Introduction (Tal Becker, Legal Adviser, Ministry of Foreign Affairs of the State of Israel)
Genocide Accusations (Malcolm Shaw) - I genuinely felt sorry for this clearly experienced guy, since he dropped a glass of water with his dry voice but also his papers were completely out of order “shuffled like a deck of cards” he said. All image!
He raised and summarised the most pertinent legal points for Israel’s case (can’t prove intent/it’s not a dispute) in addition to summarising the following representations.
Hamas Conduct (Gailit Raguan) - to explain response - showing “evidence” of
Hidden Weapons
Tunnels in (ALL?) hospitals
*NEW* booby traps in buildings
“In an urban war, civilians will die”
Also noted the program of informing civilians of where attack - if they did this how can it be genocide?
Remember all of the above is Israel’s ORCHESTRATED view. Just as they say “death rate provided by Hamas-controlled Ministry of Health” these “facts” are provided by “IDF Communications Spin Department” … with a history of lying.
Risk of irreparable harm if Israel were to continue (Omri Sender) - argued that this wasn’t urgent, Israel is providing lots of humanitarian aid, we are already transitioning to less intense period. Well .. this is a mix of BS as above and also a deliberate orchestration in the week or so before the ICJ case.
South Africa’s Request & Impact if Israel did it (Christopher Staker) - a fairly arrogant case from this barrister going through each of South Africa’s demands in terms of stopping military operations, and not destroying any evidence of genocide. Fair bit of BS here but essentially “if we stop, Hamas will destroy us, don’t you date interfere in Israel’s internal affairs”. They also made it personal about South Africa - which it isn’t.
Summary (Gilad Noam, Co-Agent) - Deputy Attorney General - essentially arguing that he personally has seen he actions of the “most moral army in the world” and the procedures behind it. Summarised all the above points.
Bibi Post-Case Riposte
I honestly can’t believe this….. “nobody will stop us”…. when you’ve got a bunch of Judges deliberating genocidal intent and urgency. Really? You’re meant to be good until you’re out the headteacher’s office.
THE JUDGEMENT
Possible Outcomes
What’s next? Who knows…
On Provisional Measures (ceasefire)
Timeline: could be a few weeks - late Jan/early Feb
Could throw the whole lot out and refuse to try (due to the lack of INTENT most prob) - unfortunately I think most likely outcome 😞 but legally correct.
Could order South Africa’s Request
Could order something completely different!
“On Merit” - Has Genocide been committed?
Timeline: could take YEARS
Related Articles
Other:
ICJ Case 192 on ICJ Website: https://www.icj-cij.org/case/192
Day 1 Court Transcript here:🔗👉 https://www.icj-cij.org/sites/default/files/case-related/192/192-20240111-ora-01-00-bi.pdf
Day 1 ICJ TV Recording: 📺🔗👉 https://webtv.un.org/en/asset/k11/k11gf661b3
Day 2 Court Transcript here:🔗👉 https://icj-cij.org/sites/default/files/case-related/192/192-20240112-ora-01-00-bi.pdf
Day 2 ICJ TV Recording: 📺🔗👉https://webtv.un.org/en/asset/k1c/k1c10lsjoq
Substack:
ICJ Ruling 26/1 following on from this article:
International Law:
See a full history of Israel’s breaches and open cases here:
Men who turned out to be hostages murdered by the IDF and similar cases below:
International Court of Justice Website Press Release 29 Dec 2023 “The Republic of South Africa institutes proceedings against the State of Israel and requests the Court to indicate provisional measure“ - https://www.icj-cij.org/sites/default/files/case-related/192/192-20231229-pre-01-00-en.pdf
International Court of Justice Website - South Africa Application 29 Dec 2023 “APPLICATION INSTITUTING PROCEEDINGS [against Israel for the crime of genocide]“ - https://www.icj-cij.org/sites/default/files/case-related/192/192-20231228-app-01-00-en.pdf#page=72
The Guardian 11th November 2019 - “Gambia files Rohingya genocide case against Myanmar at UN court“ - https://www.theguardian.com/world/2019/nov/11/gambia-rohingya-genocide-myanmar-un-court
Mark Lattimer CEO of NGO Ceasefire.org Twitter posting 30 Dec 2023 (good legal procedural discussion points on reply threads) - https://twitter.com/MGLattimer/status/1741453772302299286
The New Arab 6 Jan 2024 (quoted not for any opinion, but for list of lawyers acting in the ICJ Genocide case against Israel) - “Who are the lawyers representing South Africa, Israel in the ICJ Gaza genocide case?“ - https://www.newarab.com/news/who-representing-israel-s-africa-gaza-genocide-case
ICJ Website - “STATUTE OF THE INTERNATIONAL COURT OF JUSTICE“ - Article 31 Para 2, 3 - https://www.icj-cij.org/statute#CHAPTER_I
Harvard University Faculty Staff Profile - “Alan M. Dershowitz: Felix Frankfurter Professor of Law, Emeritus“ - https://hls.harvard.edu/faculty/alan-m-dershowitz/
Time Magazine 4 Jan 2023 - “The Biggest Names from Jeffrey Epstein’s Unsealed Court Documents“ - https://time.com/6552063/jeffrey-epsteins-unsealed-court-documents/
ABC News Feb 12 2016 “Victims: Feds Hid 'Sweetheart' Deal for Sex Offender With Deep Political Ties“ - https://abcnews.go.com/US/victims-feds-hid-sweetheart-deal-sex-offender-deep/story?id=36843144
Times of Israel 5 May 2018 - “Alan Dershowitz aiding Harvey Weinstein’s legal team“ - https://www.timesofisrael.com/alan-dershowitz-helping-harvey-weinsteins-legal-team/
Israeli Supreme Court Justices - https://supreme.court.gov.il/sites/en/Pages/Justices.aspx
The Telegraph 10 Jan 2024 - “Holocaust survivor to lead Israel’s defence against South Africa genocide claim“ - https://www.telegraph.co.uk/world-news/2024/01/10/holocaust-survivor-to-lead-israels-defence-against-genocide/
South African Legal Team images @abierkhatib Twitter 6 Jan 2023 -
Times of Israel 5 Jan 2024 - “British lawyer to defend Israel from Gaza genocide claims in The Hague“ - https://www.timesofisrael.com/british-lawyer-to-defend-israel-from-gaza-genocide-claims-in-the-hague/
The Jerusalem Post 3 Dec 2023 “Critical IDF surveillance videos from Hamas's attack on Oct. 7 missing“ - https://www.msn.com/en-us/news/world/critical-idf-surveillance-videos-from-hamas-s-attack-on-oct-7-missing/ar-AA1kV24i
Times of Israel 12 Jan 2024 “Germany says will intervene at The Hague on Israel’s behalf, blasts genocide charge“ - https://www.timesofisrael.com/germany-says-will-intervene-at-the-hague-on-israels-behalf-blasts-genocide-charge/
UK Parliament Committees Website 9 Jan 2024 - “David Cameron to face questions from Foreign Affairs Committee“ - https://committees.parliament.uk/committee/78/foreign-affairs-committee/news/199291/david-cameron-to-face-questions-from-foreign-affairs-committee/
International Criminal Court website: Investigation into the Situation in the State of Palestine: ICC-01/18: https://www.icc-cpi.int/palestine
B’TSelem Press Release 27 Dec 2022 - “Ten Israeli human rights organizations to ICC Prosecutor: “We are all committed to assisting your office in advancing the ongoing investigation of the Situation in Palestine“ - https://www.btselem.org/press_releases/20221228_10_ngos_to_icc_prosecutor_we_are_all_committed_to_assisting_your_officein_advancing_the_ongoing_investigation_of_the_situation_in_palestine
Sleekit Scotsman Facebook post - video John Oliver 45 secs in , a young Hamas candidate 2006 - https://www.facebook.com/sleekit.scotsman2/videos/2632087520305494/