The US is refusing to say if it will respect an upcoming ruling from the UN’s International Court of Justice (ICJ) on South Africa’s genocide case against Israel that could order a halt to Israel’s onslaught in Gaza.
The ruling on whether Israel is committing genocide will take years, but South Africa has asked the ICJ to issue an interim order for Israel to pause its military operations. The ICJ is scheduled to make a decision on the interim order on Friday.
When asked if parties should abide by whatever the ICJ rules, State Department spokesman Vedant Patel refused to answer. “I would not opine on anything like that given this is a legal process, and I’m not going to hypothesize or speculate on any kind of outcome,” he said.
Patel also repeated the US objection to the case. “The allegations that Israel is committing genocide we believe to be unfounded,” he said.
Patel previously called the ICJ an “important judicial organ” and said it “plays a vital role in peaceful settlement of disputes.”
If Israel is found to be committing genocide, US officials would be implicated due to their unconditional military support and political cover. The ICJ does not have the power to enforce its rulings, but if it orders a halt to Israel’s operations, it would significantly increase international pressure on the US and Israel.
The White House has slammed South Africa’s case against Israel as “meritless” despite the strong evidence that Israel is committing genocide. Lawyers representing South Africa at the ICJ cited the mass slaughter of civilians in Gaza, the cutting off of food and other basic goods to the Strip, and the genocidal rhetoric from Israeli officials as evidence that Israel is committing genocide.
If the court votes with Israel then it and the UN are completely discredited.If the court votes against Israel and the UN does nothing, then it will also be discredited. Either way the UN is done unless the Court votes against Israel and the UN intervenes. Fat chance.
Fat chance, indeed.
ICJ livestream on provisional measures
https://webtv.un.org/en/asset/k1u/k1uwq4cxuv
Watching. Now what? Just reports??
“World Court Stops Short of Ordering Ceasefire in Gaza to Stop Genocide”
I agree with your outrage my brother. The deep state started watering the news about the court order already. Last night they narrowed down what the court was limited to make decisions on. When I heard the full court order, there is no question in my mind that the court survived a lot of pressure, manipulations, and possibly internal plants to produce a pretty decent decision at this point.
Didn’t deliver the definitive order (cease fire & lift the blockade effective immediately) we were waiting to hear; and that the ongoing situation urgently requires. They finnessed it. And the Zionazi lawyers will easily sopist-icate compliance.
The ICJ was not asked to order a ceasefire and lifting of the blockade. They were asked to enforce the Convention Against Genocide.
They did find a way to order a partial ceasefire (on the Israeli side only) by ordering Israel to “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.”
There’s only one measure within Israel’s power to fully comply with that order, and that is for it to cease military operations in Gaza.
I don’t think clearly targeting/engaging with Hamas fighters would violate the order, but I also don’t think anything Israel could and would reasonably do would avoid violating the order. If it were to be followed conscientiously, there would be a unilateral ceasefire.
Are or are not Hamas fighters members of the group “Palestinian Arabs in Gaza?”
If they are, killing them or doing them serious bodily harm violates the order.
No, of course it doesn’t, in the context of a fight with armed attackers. But that doesn’t matter in reality, because virtually the only thing Israel could do to “create” such a situation now would amount to a violation of the order.
As you say, Israel has, in effect, been ordered to cease fire.
They (Israel and the West) could implement a ceasefire but still stop all funding and aid to Gaza, producing the same genocide. Next month: Donoghue: Israel is so nice. There was no funding! Israel tried–Gaza died!
??I watched the entire presentation and am almost certain S.Africa specifically requested the court issue the remedy, “cease fire immediately”.
You’re correct. Somehow I missed that both in the hearing and upon reading the documents.
When has Israel ever abided by a UN ruling? By way of deception they make war. Always has been, always will be.
What was done after Protective Edge, Cast Lead, Nothing. Both were forgotten.
Agreed. Look up the president of the ICJ.
Patel also repeated the US objection to the case. “The allegations that Israel is committing genocide we believe to be unfounded,” he said.
They really should airlift these people that keep saying the genocide is “unfounded” or “meritless” into Gaza so they can determine firsthand if it qualifies as a genocide or not. And give them all white flags.
While the bombing is still going on, and dodge a few bullets from IDF soldiers, snipers.
They still would not be convinced thinking the corps are artificial make of cardboards by Hamas…!
Patel arriving in Gaza: “Don’t GAZA me!”
Oh, I almost forgot: “Hamas and other armed groups …killing more than 1,200 persons” and “The Court …is gravely concerned about the fate of the hostages abducted …and calls for their immediate and unconditional release.” Did the court have time to confirm the evidence of that and call for hostage release but had no time to call an obvious genocide an obvious genocide?
OK, folks, deep breaths. This is an extraordinary moment in history and the ICJ order is a loud rejection of Israeli-US actions. If it isn’t what you hoped or expected it to be, that suggests that you misunderstood/misunderstand the limits of the Convention itself and the process of the case before the ICJ. International political reality plays a large part also, of course, and, given that, the order and the 15-2 vote are especially remarkable.
This is an important win for human decency. It’s not a final victory, not even close, but it’s a big win.
Agreed. But what would be hard to believe and truly amazing? …“IF” the former State Department Official and “Legal Advisor” of Hillary and Obama was NOT trying to slow down and water down any order. AND, she is still there to handhold the process going forward. The Palestinians are FU@KED!
You’re totally misreading Joan Donoghue’s involvement in this process. There is absolutely no evidence to support what you claim — you made it up. If she had been able to water down or delay the ruling (remember, there’s no evidence that she wanted to), it would not have been issued nearly as quickly as it was and it would not have been nearly as devastating to Israel as it is.
And if you want to see what would happen if she weren’t there, you will, quite soon. Her term is up in February.
One more thing: I didn’t say she did something. I said it would be amazing if she didn’t. But, here is my more important point: Do you have any evidence to support that the Palestinians are not fu@ked?
Of course they’re fucked.
You might be right. I started with the glass half full, then ended with the glass half empty. See my post below in response to Wars. The court established that Hamas killed 1200 people on 10/7 and calls for Hamas to release all hostages immediately and unconditionally with total disregard for all the Palestinian hostages in Israeli jails, but had no time to establish that an obvious genocide is genocide?
The court mentioned the October 7th Hamas attacks only in establishing the context for the dispute between South Africa and Israel. It did not call for Hamas to do anything. Hamas is not a party to this dispute.
The court had nothing to say about Palestinians in Israeli prisons because that’s not a matter under dispute in this case.
The court found that it has jurisdiction in this case, that it is plausible that Israeli statements and actions constitute the crime of genocide, and that the case will therefore move forward. That’s all that could happen at this preliminary stage and it’s a very big deal, an historic moment.
Implied: Are you going to veto UNSC resolution ordering immediate ceasefire?
The ICJ acts like we are living in the 1950s, taking years to make a decision on Genocide, when the evidence is to be seen every day. The ICJ knows that the Palestinians can NOT wait years for them to make a ruling, it needs to be done now. Just take the promises made by Netanyahu, the Israeli Military, those in the Knesset to exterminate the Palestinians and the actions they have taken to fulfill those promises. The world is witnessing the Genocide daily, what more evidence is needed?
In the presence of the Hegemon, all is emasculated.
ICJ Stops Short of Ordering Ceasefire in Gaza to Stop Genocide
January 25, 2024
Save
The ICJ ruled that Israel’s military shall not commit acts forbidden by Article 2 of Genocide Convention but stopped short of ordering Israel to cease its military operation in Gaza.
The Court said South Africa has a plausible claim in at least some instances in its request for provisional measures to stop what it argues is Israel’s ongoing genocide against Palestinians in Gaza. But the provisional measures South Africa requested — namely to stop the killing — were denied.
https://consortiumnews.com/2024/01/25/watch-world-court-ruling-on-israel-genocide-case/
The fuck? The court is not credible.
“Unless a court says exactly what I want it to say, in exactly the way I want it said, that court is not credible.”
Why not just take the win instead of being sore about it?
Because the destruction and genocide will continue.
This is about as powerful as the US giving Israel the authority to self regulate, only with some reports tossed in.
The Zionists will take it as a green light.
The court ordered Israel to stop committing acts forbidden by Article 2 of the genocide convention.
That is effectively an order to Israel to cease military operations in Gaza.
Why did they word it that way instead of, say, “must, pending the final decision in the case, suspend the military operations that it commenced on 7 October 2023 in the territory of Gaza?”
So as not to be quite as embarrassed as it was after it issued an order that the Russian Federation “must, pending the final decision in the case, suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine” and got publicly told to go fuck itself.
The destruction and genocide was going to continue regardless of what the court ordered, because the US and Israeli regimes (like the Russian and Chinese regimes) consider themselves above any law, even laws they’ve publicly signed on to and use against others.
The court ordered Israel to stop committing acts forbidden by Article 2 of the genocide convention.
That is effectively an order to Israel to cease military operations in Gaza.
Why did they word it that way instead of, say, “must, pending the final decision in the case, suspend the military operations that it commenced on 7 October 2023 in the territory of Gaza?”
So as not to be quite as embarrassed as it was after it issued an order that the Russian Federation “must, pending the final decision in the case, suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine” and got publicly told to go fuck itself.
The destruction and genocide was going to continue regardless of what the court ordered, because the US and Israeli regimes (like the Russian and Chinese regimes) consider themselves above any law, even laws they’ve publicly signed on to and use against others.
I don’t know much. But, this is the ICJ. Russia was sanctioned by the ICC.
And by the International Court of Justice.
Israel will give the court the finger and carry on “to the end” as Netanyahu says. Who or what is going to stop them? If force were applied, would Israel enact the Sampson Directive? Use nukes?
To your last comment that disappeared;
It’s not. A weasly way of saying “oh please stop doing this, but you can continue”.
Do you even see the contradiction in your own comment? Russia who did nothing as horrendous as Israel is doing, was told to stop operations.
This gives the US an out for continued funding. “See, the court didn’t call for a cease fire.”
Either the war in Gaza is a violation of the Convention Against Genocide, or it isn’t.
If it is, the court just ordered Israel to stop it.
If it isn’t, then the court had no authority to order Israel to stop it.
So make up your damn mind. Is it or is it not a genocide?
Of course it’s genocide. Did they call for a ceasefire? I sincerely may have missed it.
OK, well, here you go. From the order:
“Israel must, in accordance with its obligations under the Genocide Convention, 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 intendedto prevent births within the group. … Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.”
Like I said, it doesn’t order a stop writ large to the onslaught. Israel denies doing any of it.
It orders Israel to stop killing and/or inflicting serious bodily harm on members of “the group” (Palestinians in Gaza). So I guess Israel could continue “the onslaught” by conducting military operations that consist solely of having unarmed IDF troops hand out floral arrangements in Khan Younis and so forth. But as soon as a bullet is fired by an Israeli in Gaza, it’s in violation of the ICJ order.
Israel will continue the onslaught. Full stop.
Why no ceasefire then? Explain it.
It leaves wriggle room for so called “defense”.
Note the wiggle room
–“all measures within its power”–
obligingly provided by the decision, … and report within a month. Like, “Stop beating your wife to the extent you can and report how you’re doing in a month.”
Geez, lots of sore winners here today.
The only measure Israel has within its power to comply with the order is to cease military operations in Gaza, full stop.
They were’nt required to withdraw all their forces in and around Gaza out of range. They simply have to say Hamas is continuing to attack and they “have the right so defend”.
Yes, they can “defend” … as long as they don’t kill or injure anyone in doing so.
Well, as long as they don’t kill or injure anyone in a way that makes it an element of the charged crime or that is intended to further that crime.
It was never in the realm of possibility that the court would order the withdrawal of IDF forces. That isn’t necessary to prevent the crime charged.
A restraining order in such cases of assault always orders the offender to “not come within … etc.”. Mutatis mutandis, withdraw forces from the territory of Gaza and not come within striking range.
This isn’t an American domestic violence case and it isn’t a case in a US court. If you continue to base your understanding on rules and practices that have no application to the present reality, you’re liable to continue to misunderstand.
Hardly “rules and practices”, compelling situational logic universally apposite.
That makes no sense. Try putting it in a sentence using verbs and see if it becomes clearer. 🙄
I didn’t think so, but on some reflection, I can see that the Court responded with alacrity within the range of its mandate.
Exactly. Israel tried, the West cut funding to UNRWA–Gaza died.
Well, it’s clear (always has been) law and morality mean nothing to the Zionazis; so, it’s got to be the arbitrement of war. And while the genocide may well be complete, it begins to look like the war is starting. ??
It’s not a cease fire.
You’re right — it’s not a ceasefire because:
1) Israel will ignore it and
2) The order doesn’t require Hamas to cease operations (the only requirement placed on it was to free its hostages).
But if words mean things, the order requires Israel to cease military operations in Gaza. There’s no getting around it.
Words don’t really mean much when they come up against the reality of present-day nation states, whose calculus is written in terms of gains vs acceptable losses, especially when those losses are incurred by the “disposable other people”.
That’s what I call, “Antiwar only on technicalities.”
By the way, I’m starting to agree with your take more and more. See my responses to Wars and Dissident.
https://strategic-culture.su/news/2024/01/27/will-a-south-african-victory-stop-the-gaza-genocide/
Luv you, man!
I think you misunderstand, ED.
No. I do. They agreed largely with S Africa but then did not determine a cease fire.
If you listen to the orders of the court, “…stop the killing — were denied” is not true. I just finished listening to the court order. It absolutely ordered Israel to stop all acts that would constitute genocide. That’s pretty good at this point.
I think it should have gone further. Because they will still use the going after Hamas excuse with the oopsie excuse. We all already knew it was genocide. Maybe it will stop the obvious implosion of buildings.
I agree with you. They will not stop but this is pretty damning. Remember the person reading the order is an ex state department.
And that’s precisely why this concocted an “out” for the US state department, who has been ever so gently telling Israel not to kill so many people, but here is more aid and weapons. A ceasefire would have put the kibosh on emergency,bypassed congress, shipments.
Court ordered Israel to PREVENT genocide…! As if genocide has Not Yet taken place…!!!
Israel will continue to defend itself while adhering to international law, says Netanyahu
Israel’s prime minister, Benjamin Netanyahu has reacted to the ICJ’s ruling. He said: “We will continue to defend ourselves and our citizens while adhering to international law.” He also said that “Israel is fighting a just war like no other”.
He added: “We will continue this war until absolute victory, until all hostages are returned and Gaza is no longer a threat to Israel.”
He also said the ICJ’s willingness to discuss genocide claims against Israel was “a disgrace that will not be erased for generations”.
Doubling down on failure has been the Likud’s M.O. for 70 years now.
Watch for Sanctions to and other penalties to be imposed by 87% of the world.
I hope you are right.
Israel will not stop. Netanyahu’s words confirm. I rest my case.
Washington hasn’t gotten the memo from AIPAC yet?
When has America ever respected international law, especially on Israel? If only our politicians care about real peace instead of kowtowing down to the Israel lobby at every chance…
I dare US says it would respect the ICJ ruling…! Go ahead and make my day and the rest of the world (except US and Israel governments)…!
On the other hand, this should be a walk in the park for US just like its veto power at UNSC…!
Uncle Sam doesn’t recognize any pretender to his self-appointed position as the Nero of present-day Earth.