South Africa vs Israel

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Mon, 2024-01-08 15:21

epaulo13

Bolivia backs South Africa in ICJ genocide case against Israel

Bolivia is the latest country to back South Africa’s application to the International Court of Justice (ICJ), which accuses Israel of genocide against Palestinians in Gaza.

Bolivia’s Ministry of Foreign Affairs said in a statement that it was joining the case as a signatory to the Genocide Convention "committed to peace and justice".

Turkey and Malaysia have also voiced their support for the case, while Jordan's foreign minister also said Amman will back South Africa.

"South Africa took a historic step in the defence of the Palestinian people," Bolivia’s statement added.

The statement also noted that Bolivia, together with South Africa, Bangladesh, Comoros and Djibouti, presented a request to the Prosecutor of the International Criminal Court (ICC) – a separate international court that prosecutes individuals – to investigate the situation in Palestine on 17 November.

ICC leading prosecutor Karim Khan has since acknowledged the receipt of the referral.

"In receiving the referral, my office confirms that it is presently conducting an investigation into the situation in the State of Palestine," Khan said in a statement.

quote:

Bolivia became the first Latin American country to sever diplomatic ties with Israel, accusing it of committing "crimes against humanity" in Gaza in October.

The decision was announced by Bolivia’s deputy Foreign Minister Freddy Mamani, who condemned Israel's military conduct in Gaza as "aggressive and disproportionate".

Mamani said Bolivia wants Israel to end its years-long blockade on Gaza which saw a ban on "the entry of food, water and other essential elements for life" shortly after 7 October with only limited supplies entering recently.

Other Latin American countries, such as Colombia and Chile, followed suit, by recalling their diplomats from Israel on the same day as Bolivia’s announcement......

Mon, 2024-01-08 16:34

epaulo13

..this piece has more analysis than i have posted.

Stakes high as South Africa brings claim of genocidal intent against Israel

quote:

The first hearing in The Hague is set for 11 and 12 January. If precedent is any guide, it is possible the ICJ will issue a provisional ruling within weeks, and certainly while the Israeli attacks on Gaza are likely to be still under way.

The wheels of global justice – at least interim justice – do not always grind slowly.

quote:

Like interim injunctions issued by national courts, ICJ provisional measures seek to freeze the legal situation between parties to ensure the integrity of a future final judgment. For a while doubt persisted as to whether these measures were deemed binding by the ICJ. But the court put those doubts to rest in the LaGrand judgment in June 2001, where it held that the rulings were binding, given the court’s “basic function of judicial settlement of international disputes”.

They are intended to be binding, but are they in practice?

One assessment prepared by a US lawyer, Mattei Alexianu, suggested that the court’s measures were complied with by the state parties in only 50% of cases, while in some – normally the most high-profile recent cases, including Ukraine v Russia in 2022, the Gambia’s claims of genocide against Myanmar in 2020, Nagorno-Karabakh, and US sanctions on Iran – the losing state party simply defied the court.

Not surprisingly, the more intrusive an adverse ruling to a country’s sense of national sovereignty, the less likely they were to comply.

But putting aside whether Israel would comply with any ICJ order to change its military tactics and desist from any act ruled as genocide, the reputational damage to Israel of such a ruling would be substantial, and at minimum may produce a modification of its military campaign. The very fact that Israel has chosen to defend itself at the ICJ – a UN sponsored body – and is a signatory to the genocide convention makes it harder for it to brush aside an adverse finding.

It is a high-risk move by Israel. What are the chances of an adverse finding being made?

First, it should be said that although the South African claim to the ICJ seemed to come out of the blue on 29 December, it is not something its lawyers cobbled together while wrapping up Christmas presents.

It is a substantive, tightly argued 80-page claim, replete with detailed references to senior UN officials and reports, which only rarely strays from its chief necessary purpose of seeking to prove Israel’s genocidal intent. The lawyers South Africa is sending to The Hague are its best. Much of South Africa’s argument is derived from the ICJ judgment on provisional measures it issued in the Gambia v Myanmar case in 2020.

According to the application, “acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel – through its state organs, state agents, and other persons and entities acting on its instructions or under its direction, control or influence – in relation to Palestinians in Gaza, is in violation of its obligations under the genocide convention”.

By seeking provisional relief under article 74 of the court, as opposed to a definitive ruling, South Africa can lower the threshold of what it is required to prove before the court provides interim relief, and possibly minimise some of the prime facie jurisdictional issues facing the court.

Indeed, South Africa argues “the court is not required to ascertain whether any violation of Israel’s obligations under the genocide convention has occurred.

“Importantly, as previously held by the court, ‘such a finding, which would notably depend on the assessment of the existence of an intent to destroy, in whole or in part, the group … [of Palestinians] as such, could be made by the court only at the stage of the examination of the merits of the present case.’

“Instead, ‘what the court is required to do at the stage of making an order on provisional measures is to establish whether the acts complained of … are capable of falling within the provisions of the genocide convention’.

“The court does not have to determine that all of the acts complained of are capable of falling within the provisions of the convention.” It suffices that “at least some of the acts alleged … are capable of falling within the provisions of the convention”.....

Tue, 2024-01-09 11:06

NDPP

Canada Should Support ICJ Ruling On Israel's Genocide

https://canadiandimension.com/articles/view/canada-should-support-icj-ru...

"Trudeau government has refused to support South Africa's case..."

[email protected]

Tue, 2024-01-09 15:24

epaulo13

Israeli Lawmaker Faces Possible Expulsion for Supporting South Africa’s Genocide Case Against Israel

The Israeli newspaper Haaretz is reporting 70 lawmakers in the Israeli Knesset have signed a motion to expel Ofer Cassif from the legislative body after he signed a petition supporting South Africa’s genocide case against Israel at the International Court of Justice. Cassif, who is Jewish, denounced the move to expel him, pointing out that no action has been taken against lawmakers who have called for the complete destruction of Gaza or backed the removal of all Palestinians from Gaza.
Earlier today, Israeli President Isaac Herzog met with Tony Blinken and criticized South Africa’s genocide case.

President Isaac Herzog: “On Thursday, a proceeding will start in the International Court of Justice in The Hague whereby the South Africa has sued Israel for, supposedly, genocide. There’s nothing more atrocious and preposterous than this claim. … Where we are doing our utmost and under extremely complicated circumstances on the ground to make sure that there will be no unintended consequences and no civilian casualties.”

Tue, 2024-01-09 17:44

epaulo13

Tell Canada: Support South Africa’s ICJ case, stop genocide in Gaza!

South Africa is taking Israel to the World Court! South Africa has taken the principled step of invoking the UN’s Genocide Convention which enables the Court to impose “provisional measures,” including an end to Israel’s military operations against Gaza. Many other countries have expressed support for South Africa’s genocide case against Israel, and as a signatory to the Genocide Convention, Canada has an obligation to oppose genocide too. This may be the world’s best chance of ending Israel’s murderous carnage in Gaza. The case is due to be heard on Thursday and Friday!

Use the fields below to send an email to Foreign Affairs Minister Joly, other federal leaders and your local MP. Canada must support South Africa’s attempt to hold Israel accountable at the ICJ and halt the unfolding genocide in Gaza!

Wed, 2024-01-10 00:25

NDPP

Belgium's Deputy PM Urges Support For South Africa's Case Against Israel For Genocide at the ICJ

https://twitter.com/sahouraxo/status/1744799285911122138

"Belgium cannot stand by and watch the immense human suffering in Gaza. We must act against the threat of genocide."

Wed, 2024-01-10 11:00

Mobo2000

Analysis of the case by centrist NGO:

https://www.justsecurity.org/91000/the-promise-and-risk-of-south-africas...

Countries backing and opposing SA:

https://www.aljazeera.com/news/2024/1/9/which-countries-back-south-afric...

"The United States has voiced its opposition to the genocide case. National security spokesperson John Kirby called South Africa’s submission “meritless, counterproductive, and completely without any basis” during a White House press briefing on January 3."

Israel’s Western allies, including the European Union, have mostly maintained silence on the ICJ case.

The United Kingdom, which has refused to support the case, has been accused of double standards after it submitted detailed legal documents to the ICJ about a month ago to support claims that Myanmar committed genocide against the Rohingya community."

Wed, 2024-01-10 11:42

epaulo13

Rebutting Rosalie Abella’s Shameful, Vibes-Based Israel Defence

Yesterday, The Globe and Mail published an article by former Supreme Court justice Rosalie Abella arguing that South Africa’s application to institute proceedings against Israel at the International Court of Justice (ICJ) for genocide is “shameful.” Someone as well-accomplished as Abella should be ashamed to have her name on this article.

Naturally, you’ll wonder what I, a “journalist” to friends and a “blogger” (at best) to enemies, with no hint of a law degree in either case, am doing arguing on a point of law with a former jurist such as Abella. It’s a good question, but there’s a simple answer: Abella’s article almost completely avoids any discussion of the legal issues or facts at hand, and makes a vibes-based case instead — something I feel qualified to refute.

I’ve quoted segments (making up the majority) of Abella’s article in bold below, and responded to each one.

“It is a legal absurdity to suggest that a country [Israel] that is defending itself from genocide [from Hamas] is thereby guilty of genocide.”

South Africa’s application makes a detailed case that Israel is in the process of committing genocide, relying on a variety of sources with a document that contains more than 570 footnotes. It also references many UN bodies and experts that, since mid-October onward, have at minimum expressed concern Israel is committing genocide: 30+ UN Special Rapporteurs; 28+ members of UN Working Groups; the UN Committee on the Elimination of Racial Discrimination; the Director of the New York Office of the High Commissioner of Human Rights; the UN Special Rapporteur on violence against women and girls.

Abella’s argument for her claim that Hamas is perpetrating genocide is that it has supposedly killed Jewish people “because they were Jews.” This is a false assertion on its own, given that Hamas and other Palestinian resistance factions oppose Israel because it is an occupying entity, not because the majority of its citizens are Jewish. Even if true, Abella offers no examples of any scholars, organizations or legal bodies who have concluded that Hamas’s actions on October 7 were genocidal — not just bad, illegal, or even war crimes, but genocidal......

“We find ourselves in the perverse situation where a genocidal organization such as Hamas is able to escape legal scrutiny or sanction for committing genocidal acts, while the country that is the intended target of its genocidal intentions is being called upon by the International Court of Justice to defend itself from allegations of genocide.”

The idea that Hamas will escape legal scrutiny or sanction, or has done so in the past, is absurd. The International Criminal Court (ICC) is already investigating Hamas’s actions on October 7, and South Africa’s application mentions the ICC Prosecutor has stated hostage-taking “represents a grave breach to the Geneva Conventions.” Hamas, of course, has also been designated in its entirety as a terrorist organization by six countries (including Canada in 2002) and the whole European Union, meaning that it, as well as those suspected of supporting it abroad, face sanction and legal punishment — unlike the supporters of Israel’s genocidal violence.

I also suspect that any government on the planet would prefer to be in Israel’s situation (facing a legal challenge that may end up meaning little against you in practice even if successful) to that faced by Hamas (the destruction of the land you govern and the people you’re responsible for representing). Hamas has faced far worse consequences than Israel in every way, despite Israel objectively having caused more death and destruction, both now and in the entirety of the existence of Hamas.

“This is an insult to what genocide means, an insult to the perception of the ability of international courts to retain their legitimacy and transcend global politics, and an insult to the memory of all of those on whose behalf the Genocide Convention was created.”

International bodies like the ICJ have been criticized for being undermined by, for example, U.S. dominance preventing it or its allies from facing the punishment that countries in the Global South do. For much of the world, the ICJ taking this application against Israel seriously would likely improve its perception and legitimacy, not undermine it. This is not relevant to the merits of the case, though, nor is Abella’s interpretation.

“History will judge Israel’s response to Hamas’s genocidal attack on Oct. 7 and determine whether the retaliatory measures it took to protect its security were conducted in accordance with the law. That is a legal question that will necessarily balance purpose, cause, effect and context. [...] There will inevitably be accountability – if only the world showed the same obsessive interest in holding other countries to legal account.”

Why have a legal system if “history” can do a good enough job judging people, I guess? This is a bizarre statement from someone who has spent the majority of their life in the legal field, including at the highest possible level in Canada as a Supreme Court judge. The matter before the ICJ is a “legal question” that it is in a place to judge. There is no need to wait for “history.”

South Africa is asking the ICJ to rule that Israel must: stop any actions that breach its obligations under the Genocide Convention; ensure those responsible for these breaches are punished at a national or international level; collect and conserve evidence of the genocide; make reparations to Palestinians; and assure the court and world it won’t do it again. “History,” meanwhile, is not capable of making rulings that can be enforced at an international level in the way that the ICJ, theoretically, at least, can.

Abella’s implication that the real reason Israel is being brought before the ICJ is antisemitism is shameful, especially given that there’s a case against Russia currently at the ICJ on the same charges, but with the support, thus far, of more countries in the world......and more.

Wed, 2024-01-10 14:39

Mobo2000

Jonathan Cook on the SA case:

https://www.jonathan-cook.net/2024-01-09/dock-israel-genocide-court/

"The aim of the 1948 Genocide Convention, drafted in the immediate wake of the Second World War and the Nazi Holocaust, was not simply to punish those who carry out genocides.

It was designed to help identify a genocide in its early stages, and create a mechanism – through the rulings of the International Court of Justice – by which it could be halted.

In other words, the purpose of South Africa’s case is not to arbitrate what happens once Israel has annihilated the Palestinians of Gaza, as far too many observers appear to imagine. It is to stop Israel from annihilating the people of Gaza before it is too late.

Based on strange logic, Israel’s supporters imply that the genocide charge is unwarranted because the real aim is not to exterminate the Palestinians of Gaza but to induce them to flee.

Israeli leaders have encouraged this assumption. In an interview on Sunday, the national security minister, Itamar Ben-Gvir, noted of Gaza’s population that – after being bombed, made homeless, starved and left vulnerable to disease – “hundreds of thousands will leave now”. Duplicitiously, he termed this a “voluntary” mass emigration.

But such an outcome – itself a crime against humanity – entirely depends on Egypt opening its borders to allow Palestinians to flee the killing fields. If Cairo refuses to submit to Israel’s violent blackmail, it will be Israel’s bombs, the famine it inflicted, and the lethal diseases it unleashed that decimate Gaza’s population.

The International Court of Justice must not adopt a wait-and-see approach, pondering whether Israel’s bombing campaign and siege lead to extermination or “only” ethnic cleansing. That would strip international humanitarian law of all relevance.

Line in the sand

If Israel and its western allies fail to bludgeon the court into submission, and South Africa’s case is accepted, it will not only be Israel in legal difficulties.

A genocide ruling from the court will impose obligations on other states: both to refuse to assist in Israel’s genocide, such as by providing arms and diplomatic cover, and to sanction Israel should it fail to comply.

An interim order halting Israel’s attack will serve as a line in the sand. Once made, any state that fails to act on the injunction risks becoming complicit in genocide.

That will put the West in a serious legal bind. After all, it has not just been turning a blind eye to the genocide in Gaza; it has been actively cheering it on and colluding in it. "

Wed, 2024-01-10 15:55

#10

epaulo13

..wpg is 7 hrs behind the hague.

Pro-Palestine activists flock to The Hague on eve of crunch Israel ICJ case

Pro-Palestine activists from across Europe, including from the Arab diaspora, flocked to The Hague in the Netherlands on Wednesday to show solidarity with South Africa as it files a case at the International Court of Justice (ICJ) accusing Israel of genocide.

The city is expected to see huge demonstrations outside the ICJ building on Thursday and Friday when the genocide hearing takes place.

Wednesday's protest, on the eve of the hearing, follows calls by pro-Palestine groups to mobilise against Israel's war on Gaza, which has killed over 23,000 Palestinians, and show support for South Africa's efforts during the two-day hearing.

quote:

The first ICJ hearing will begin on Thursday at 10 am, when South Africa's arguments will be heard, while Israel's response to the lawsuit will be heard on Friday.....

Digital graphic circulated by pro-Palestine activists in the Netherlands showing where demonstrators should position themselves during the ICJ case [Supplied]

Wed, 2024-01-10 16:53

#11

NDPP

International Court of Justice Complaint Demonstrates That Israel Is Carrying Out Genocide

https://www.wsws.org/en/articles/2024/01/10/vxqi-j10.html

"...The significance of the complaint to the ICJ lies in its thorough and objective presentation, in one place, for all the world to read, of a devastating exposure of what is, factually and legally and in every sense of the word, a genocide in which the Israeli government is fully implicated, together with its imperialist backers, chiefly the United States..."

Wed, 2024-01-10 20:13

(Reply to #11) #12

JKR

[quote=epaulo13:

[/quote]

Former Canadian Supreme Court Justice Rosalie Abella has an unbelievably amazing legal mind and has been a trailblazer and a champion for human rights for decades throughout the world. Her judicial career is praised around the world for promoting equality and addressing issues related to discrimination and social justice. Abella's decisions are known within the highest level of the Canadian and international justice communities for their thoughtful analysis and impact on Canadian and international jurisprudence.

Wed, 2024-01-10 22:32

#13

epaulo13

..yet abella sees only hamas. never a word about the illegal occupation. the israeli brutalization of gaza before oct 7. the current genocide. the use of starvation.

..that is not coming from a champion of human rights. that is something else..something on par with hatred maybe.

Thu, 2024-01-11 01:08

#14

JKR

https://women-gender-equality.canada.ca/en/commemorations-celebrations/women-impact/human-rights/rosalie-abella.html

Rosalie Abella

Rosalie Silberman Abella was a Supreme Court of Canada judge and an international expert on human rights law. The first Jewish woman appointed to the Supreme Court of Canada, she was born in a displaced persons camp in Stuttgart, Germany, and came to Canada as a refugee in 1950. A graduate of the University of Toronto's law school, Abella was appointed to the Ontario Family Court in 1976, making her both the youngest and the first pregnant judge appointed in Canadian history. As Commissioner of the 1984 Royal Commission on Equality in Employment, Abella created the concept of "employment equity." Her theories on equality and discrimination informed Canada's first decision on equality rights under the Charter of Rights of Rights and Freedoms in 1989. She was appointed to the Ontario Court of Appeals in 1992 and to the Supreme Court in 2004. The recipient of numerous awards and honorary degrees, Abella is recognized worldwide for her commitment to justice and human rights.

“In these frenetically fluid, intellectually sclerotic, economically narcissistic, ideologically polarized, and rhetorically tempestuous times, in a world that too often feels like it’s spinning out of control, we need a legal profession that worries about what that world looks and feels like to those who are vulnerable.”

Thu, 2024-01-11 05:13

#15

epaulo13

..live

Thu, 2024-01-11 10:13

#16

epaulo13

..s. africa argued that israel has no right to self defence in occupied territory.

Thu, 2024-01-11 10:24

#17

epaulo13

..the numbers posted on babble, the incidents such as hospitals bombed. i become a bit immune to those numbers and incidents..as a matter of self preservation. but when presented to the court as s. africa did they are very powerful.

Thu, 2024-01-11 11:37

#18

epaulo13

..s. africa argued that of all the people of the world suffering from catastrophic hunger more than 80% of them are in gaza.

Thu, 2024-01-11 12:06

#19

epaulo13

..s. africa claims that israel committed 4 genocidal acts.

“Nowhere Is Safe in Gaza”: South Africa Lays Out Genocide Case vs. Israel at World Court in The Hague

quote:

ADILA HASSIM: The first genocidal act committed by Israel is the mass killing of Palestinians in Gaza, in violation of Article II (a) of the Genocide Convention. As the U.N. secretary-general explained five weeks ago, the level of Israel’s killing is so extensive that nowhere is safe in Gaza. As I stand before you today, 23,210 Palestinians have been killed by Israeli forces during the sustained attacks over the last three months, at least 70% of whom are believed to be women and children. Some 7,000 Palestinians are still missing, presumed dead under the rubble.

Palestinians in Gaza are subjected to relentless bombing wherever they go. They are killed in their homes, in places where they seek shelter, in hospitals, in schools, in mosques, in churches, and as they try to find food and water for their families. They have been killed if they failed to evacuate, in the places to which they have fled, and even while they attempted to flee along Israeli-declared safe routes. The level of killing is so extensive that those whose bodies are found are buried in mass graves, often unidentified.

In the first three weeks alone following 7 October, Israel deployed 6,000 bombs per week. At least 200 times, it has deployed 2,000-pound bombs in southern areas of Palestine designated as safe. These bombs have also decimated the north, including refugee camps. Two-thousand-pound bombs are some of the biggest and most destructive bombs available. They are dropped by lethal fighter jets that are used to strike targets on the ground by one of the world’s most resourced armies......

Thu, 2024-01-11 12:17

#20

epaulo13

..i see netanyahu has changed his tune re: sinai or die.

Palestinian Genocide Scholar & South African Lawyer on “Extreme Urgency” of World Court Case

quote:

MAHA ABDALLAH: Thank you for having me.

This is a historic moment for the Palestinian people in their pursuit for justice and accountability, decades after the imposition of a settler-colonial and apartheid regime against the Palestinian people that has dispossessed and fragmented the Palestinians without accountability and with near-total impunity. So, the fact that Israel today stands on trial is very significant, very important. But, of course, we recognize the possibilities and the different scenarios that are forthcoming.

And the fact that Israel is on trial for the crime of genocide is also significant because, as the application of the South Africa before the International Court of Justice states, that the crime of genocide and the alleged genocidal acts and omissions by the state of Israel are part of a continuum. They do not happen in a vacuum. They’re part and parcel of the ongoing Nakba imposed on the Palestinian people. And for that, there needs to be accountability.

As for the reactions, unfortunately, I have not yet been able to interact with many people. The hearing session just finished. But I know that most of us Palestinians, whether in Palestine or in diaspora or in exile, we have been waiting for this moment, and all eyes have been on the ICJ, on The Hague today. And we have been thinking about the Palestinians in Gaza and how they perceive the current hearing sessions more than 90 days after complete devastation, more than 90 days after significant and extreme and severe loss, destruction and pain inflicted on the Palestinians there for the purpose of the destruction of the group. And, of course, we think of Palestinians in exile who have been also mentioned by the South African ambassador in his introductory remarks, when he spoke about the denial, the deliberate denial, of the Palestinian people’s right to self-determination, which includes the right of return for Palestinians in refugee camps across the neighboring countries.

NERMEEN SHAIKH: So, let me just turn — Maha, thank you for that — to Israeli Prime Minister Benjamin Netanyahu, who spoke Wednesday, one day before today’s hearing at the International Court of Justice in The Hague, responding to the hearing.

PRIME MINISTER BENJAMIN NETANYAHU: I want to make a few points absolutely clear. Israel has no intention of permanently occupying Gaza or displacing its civilian population. Israel is fighting Hamas terrorists, not the Palestinian population. And we are doing so in full compliance with international law. The IDF is doing its utmost to minimize civilian casualties, while Hamas is doing its utmost to maximize them by using Palestinian civilians as human shields. The IDF urges Palestinian civilians to leave war zones by disseminating leaflets, making phone calls, providing safe passage corridors, while Hamas prevents Palestinians from leaving at gunpoint, and often with gunfire. Our goal is to rid Gaza of Hamas terrorists and free our hostages. Once this is achieved, Gaza can be demilitarized and deradicalized, thereby creating a possibility for a better future for Israel and Palestinians alike.

NERMEEN SHAIKH: So, that was Israeli Prime Minister Benjamin Netanyahu. Maha, if you could respond to what he said regarding the case that is now ongoing at the International Court of Justice?

MAHA ABDALLAH: I think this is a baseless statement. And the statements over the past 13 weeks-plus, and even prior to the 7th of October, have been genocidal in intent, have, you know, showcased how Israeli political leaders, Israeli military leaders have the specific intent for — aiming for the destruction of the Palestinian people, using different means and methods, through different policies, practices, laws, military orders. And the fact that there has been an apartheid regime imposed for 75 years, along with a belligerent occupation for 56 years, a blockade and closure on the Gaza Strip, and the incarceration of an entire people, as well, these are all precursors and drivers of genocide. And the genocidal statements that we’ve been hearing since 13 weeks now cannot be simply put aside or disregarded by a simple statement the night before the hearing sessions start at the ICJ......

Thu, 2024-01-11 14:05

#21

epaulo13

Corbyn: Provisional order in UN court to be "made very soon"

Former UK Labour Party leader Jeremy Corbyn has said that he believes “there will be a provisional order made very soon” at the end of the UN court case accusing Israel of genocidal crimes by South Africa.

“The demand made and the last part of the South African presentation made this morning was in order for the court to give an interim order,” Corbyn told Anadolu Agency at The Hague.

“I hope they do anything that can hold the bombing. Anything that can save life in Gaza has got to be worthwhile.

"There was incredibly strong evidence of the way in which civilian population is being killed.”

Thu, 2024-01-11 14:08

#22

epaulo13

Irish politician says genocide claim against Israel is clear

Irish MEP Clare Daly has spoken out since her attendance at The Hague, following the first set of legal proceedings at the ICJ earlier, as South Africa accused Israel of war crimes such as genocide.

"It is very important for us to be here in person, to represent the people of Ireland who are really distraught about what is happening in Gaza," Daly told British news publication The Guardian.

"International law is on trial, just as much as Israel is. There is a huge amount riding on this case."

"If one looks objectively at the facts of this case, it is a very clear textbook definition of genocide, but often political pressure can be brought to bear and we believe it is extremely important to be here at the ICJ to lend a counterweight to any such pressure," she continued.

"We also want to show solidarity with the people of Palestine."

Determined mood here in a truly international crowd outside the Peace Palace at the Hague, as we witness the opening of South Africa's case at the #ICJ accusing Israel of genocide in Gaza. It's not just Israel on trial today; it's the international community. #StopGazaGenocide pic.twitter.com/9xI0ilI0GU

— Clare Daly (@ClareDalyMEP) January 11, 2024

Thu, 2024-01-11 14:18

#23

epaulo13

Israel lashes out at South Africa for bringing genocide case as proceedings at the Hague are underway

quote:

In Johannesburg, South Africa, pro-Palestine activists who gathered to watch the opening statements of their country's legal team felt emotional "having listened to the strong, moving, detailed and incontrovertible case put by South Africa for provisional measures", said Roshan Dadoo, who is a former South African diplomat and a longtime anti-apartheid activist.

"From the opening sentence that set the case within the framework of 75 years of occupation, colonialism and Apartheid to the closing remarks, we are proud of the legal team that has clearly laid out how Israel is committing the crime of genocide", Roshan Dadoo told The New Arab.

South Africa says Israel's intent to destroy Gaza "has been natured at the highest levels of state".

Israel has named its former Supreme Court president Aharon Barak as its addition to an International Court of Justice panel due this week to hear a genocide allegation filed against it, an Israeli official said on Sunday.

Thu, 2024-01-11 14:34

#24

epaulo13

Jordan wants to present evidence, pleadings to ICJ in Gaza genocide case against Israel

Jordan is looking to present evidence and pleadings at the International Court of Justice (ICJ) in the case filed by South Africa that accuses Israel of genocide, a government spokesperson has said.

Official spokesman Mohannad Al-Mubaideen told Arabi 21 that Jordan "will submit the necessary legal investigations and pleadings as soon as the International Court of Justice decides to consider the genocide case".

Jordan's Prime Minister Bisher Al-Khasawneh told parliament this week that Amman would present evidence to the court in support of South Africa's case. The first public hearing for the case took place at the court in The Hague on Thursday with a second taking place on Friday.

quote:

At the tripartite summit, the three leaders "rejected" Israeli proposals to forcibly displace Palestinians from Gaza, according to a statement from the Jordanian palace.

quote:

Amid the Israeli onslaught on Gaza, US non-profit group Justice for All has called on the public to use a platform created by the International Criminal Court (ICC) that allows anyone to be able to submit a complaint to the court, with the option to attach a photo and video.

The OTPLink platform appears to have been created by the ICC last year.

Thu, 2024-01-11 16:26

#25

epaulo13

At The Hague, Aharon Barak will play Dr. Jekyll to Israel’s Mr. Hyde

quote:

Barak has long been reviled by the Israeli right for having enshrined various liberal principles in the state’s quasi-constitution during his tenure as Supreme Court president from 1995-2006. His fans, meanwhile, are struggling to contain their excitement. “The most appropriate stamp of approval. Israel has no one to rely on except Aharon Barak,” Yossi Verter, a commentator for Haaretz, remarked. The Movement for Quality Government in Israel similarly declared: “Justice Barak is one of the greatest jurists to have arisen in the State of Israel, and his appointment to the position is a requisite.”

On the face of it, Barak is a puzzling choice from a far-right government that has spent the past year trying to dismantle much of what he stood for. Indeed, according to Israeli media reports, Barak was not even Netanyahu’s first choice for the job, which is unsurprising given their history of bad blood.

Yet it’s hard to think of a person better suited for the role. Not because of Barak’s legal prowess, nor the international reputation he has built for himself, nor even the fact he is a Holocaust survivor — which did not go unnoticed by those who sent him to The Hague.

Rather, Barak’s new role actually continues the mission to which he has devoted his entire professional life: legitimizing the majority of Israel’s crimes, while simultaneously defending the façade of “Israeli democracy.” Barak, after all, is one of the most significant authors of the legal doctrine that Israel can claim to be a democracy while maintaining an endless military occupation and systematically depriving the Palestinians of their rights, dignity, land, and property.....

Thu, 2024-01-11 18:25

#26

kropotkin1951

Even though I posted this link in another thread I will also post it here. For anyone interested in hearing the South African lawyer's presentation to the ICJ this is a video of it.

https://www.youtube.com/watch?v=0or-RacPDiM&t=6s

Thu, 2024-01-11 18:33

#27

epaulo13

..krop's post represents 1 of the presentations made by s. africa. there were around 6 i believe. maybe 1 or 2 more.

Thu, 2024-01-11 18:45

#28

kropotkin1951

That is very true. I only posted one part of a long first day presentation to the court. For anyone who wants to see the whole preceding I think this two hour video covers it.

https://www.youtube.com/watch?v=g2vQ7suQWGg

Thu, 2024-01-11 19:07

#29

epaulo13

..it's good to know the whole presentation can be accessed.

Fri, 2024-01-12 01:35

#30

NDPP

Canada Urged To Support South Africa's Genocide Charge Against Israel (&vid)

https://twitter.com/CPAC_TV/status/1745129712404320605

"South African High Commissioner Rieaz Shaik calls on Canada to endorse his country's application for the ICJ to declare Israel in breach of its obligation under the Genocide Convention..."

Trudeau regime's refusal to endorse South Africa's ICJ Genocide action is another historic Canadian shame.

Fri, 2024-01-12 01:54

#31

NDPP

The Hague - The ICJ

https://webtv.un.org/en/asset/k1c/k1c10lsjoq

Oral argument of Israel

Fri, 2024-01-12 05:55

#32

epaulo13

..from today's opening remarks we have israel claiming s. africa is in league with hamas. also that hamas violently took over gaza. and isreal not wanting to remove palestinians from gaza. with truths and legal reference sprinkled about. you just know this will be a wild ride.

Fri, 2024-01-12 06:50

#33

epaulo13

..israel has yet to say the word occupation. i wonder if they will acknowledge it at all in their presentation.

Fri, 2024-01-12 12:08

#34

epaulo13

ICJ Gaza genocide: South Africa and Israel have made their cases. What next?

quote:

What next?

In its filing to the ICJ, South Africa asked for the court to issue several orders to be placed upon Israel.

These include having Israel "immediately suspend" its Gaza offensive, stop forced displacement of Palestinians in the territory and enable humanitarian access, as well as preserve evidence.

The decisions of the ICJ are binding upon countries, and cannot be appealed. However, the ICJ has no way of enforcing its rulings and they are sometimes completely ignored.

The ICJ is not known for its speed but "provisional measures" take priority over all other cases and a decision can be relatively quick - a matter of weeks.

The ICJ can order all of the measures requested by South Africa. It could decline to order anything. It could order something completely different, or even decide it is not competent to judge.

Mazen al-Masry, a law professor at City University of London told The New Arab's Arabic-language sister site Al-Araby Al-Jadeed that it was highly likely that the court would accept South Africa's request that there be a temporary end to fighting.

"The question remains: what will be the content of the decision? Will something similar to that issued for Russia and Ukraine to stop the fighting? Or will it relate to the entry of humanitarian aid? Or oblige Israel to fight according to the standards of international law?

"This is what we will learn in the coming days," al-Masry said. "It may take from a week to two months."

After the court decides whether or not to apply emergency measures, it will then look at the broader case "on the merits" - South Africa's charge that Israel is in breach of the UN Genocide Convention.

A ruling of the broader case "on the merits" on the other hand will probably take several years.

The decisions of the ICJ are binding upon countries, and cannot be appealed. However, the ICJ has no way of enforcing its rulings and they are sometimes completely ignored.

On the likelihood that the court would rule in favour of South Africa, lawyer and legal researcher Alaa Mahajna told Al-Araby Al-Jadeed: "In my belief, there is no national or international judiciary that is completely politically independent.

Judges are influenced by the positions of the countries that they come from... they are subconsciously influenced when the topic is related to a political issue and is on the media agenda extensively, and there is polarisation around it within society - especially in countries allied with Israel, even if public opinion in these countries is against the war."......

Fri, 2024-01-12 12:45

#35

NDPP

South Africa Corners the Judges of the ICJ To Stop Israel's War on Gaza

https://ejmagnier.com/2024/01/11/south-africa-corners-the-judges-of-the-...

"Israel has accused South Africa of acting as the 'legal arm' of Hamas militants, as lawyers presented Pretoria's genocide case against Israel to the UN's top court.

Israeli Foreign Ministry spokesman Lior Haiat described the South African case over Israel's actions in Gaza as 'one of the greatest displays of hypocrisy in history'..."

"Israel thinks the best defence against a genocide case is to bring Germany, an expert in committing genocide, to speak in its defence at the ICJ.

You can't make this up. Namibians and Russians must be laughing..."

https://twitter.com/richimedhurst/status/1745850155029450784

This is crazy...

https://twitter.com/InsiderWorld_1/status/1745749519508079091

"There's a man on TikTok live doing a Kkhamas count mention in ICJ..."

Fri, 2024-01-12 12:56

#36

NDPP

Show This Video To Anyone Saying Israel Tries Not To Kill Civilians

https://twitter.com/kthalps/status/1723538810221338973

Fri, 2024-01-12 14:04

#37

kropotkin1951

May be an image of 3 people

Fri, 2024-01-12 16:44

#38

epaulo13

..powerful image

Fri, 2024-01-12 17:39

#39

epaulo13

AT THE HAGUE, ISRAEL MOUNTED A DEFENSE BASED IN AN ALTERNATE REALITY

A TEAM OF Israeli lawyers and officials presented their defense at The Hague on Friday in the second day of the genocide case brought before the International Court of Justice by the government of South Africa. The lawyers portrayed Israel as the actual victim of genocide, not Gaza, accused South Africa of supporting Hamas, and painted South Africa’s government as functioning as the legal arm of the Palestinian militants who led the deadly raids into Israel on October 7.

Israel benefitted greatly from the fact that there was no cross examination permitted or debate allowed during these proceedings. It embarked on a bold mission to do in a court of international law what its military and political officials have done day and night throughout the course of this war against Gaza: unleash a deluge of what was known within the Trump administration as “alternative facts.”......

Fri, 2024-01-12 20:49

#40

NDPP

"Israel is a lie machine." John Pilger

Fri, 2024-01-12 21:12

#41

NDPP

Can South Africa's Court Case Against Israel End the War in Gaza? (&vid)

https://www.aljazeera.com/program/inside-story/2024/1/12/can-south-afric...

"South Africa says Israel is carrying out genocide in Gaza and its leaders are the main inciters. Israel is being forced to answer for its actions in Gaza, where its army has killed more than 23,500 Palestinians..."

Sat, 2024-01-13 10:57

#42

josh

CNN, BBC, ABC News, & MSNBC didn’t stream South Africa’s case charging Israel with genocide yesterday but today all of them are streaming and covering Israel’s defends on this is how you manufacture consent

https://x.com/aaolomi/status/1745888714138812488?s=20

Sat, 2024-01-13 11:16

#43

epaulo13

..channel 12 does this manufacturing thing. it's the most watched tv station in israel i understand.

Sat, 2024-01-13 11:30

#44

epaulo13

Pro-Palestine voices blast lack of Western media coverage of ICJ Gaza genocide case against Israel

Pro-Palestine voices have taken to social media over the past few days to blast mainstream Western news outlets for failing to sufficiently cover South Africa's hearing in their case accusing Israel of committing genocide in Gaza.

South Africa filed its case against Israel at the International Court of Justice (ICJ) on 29 December, accusing Tel Aviv of committing genocide against the Palestinian people. The public hearings took place over two days, with South Africa making its case on Thursday, while Israel gave its defence on Friday.

Non-Western and non-mainstream news outlets extensively covered South Africa's hearing, a reflection of how momentous the case is.

However, there was a distinct lack of coverage of Thursday's hearing from the world's biggest news outlets including the BBC and CNN, which did not go unnoticed by viewers and journalists.

quote:

"There has been minimal to 0 coverage of South Africa’s case against Israel at the ICJ on the front pages of Canada’s major news outlets today," Canadian editor and writer Davide Mastracci said on X, attaching screenshots to his post of the front pages of the websites of outlets including CBC and The Globe and Mail.

Many mainstream Western outlets have been criticised throughout Israel's war on Gaza for showing bias towards Israel, be this through the spread of Israeli disinformation or the amount of time allotted to pro-Israel voices while Palestinian or pro-Palestine voices are shut down......

Sat, 2024-01-13 13:33

#45

NDPP

Former UK Ambassador Craig Murray on South Africa's Genocide Case Against Israel

https://twitter.com/Jonathan_K_Cook/status/1745740007443136772

"It occurred to me that the people who really did not want to be in the Court at all were the judges, because it is, in fact, the judges of the Court itself on trial.

The fact of genocide is incontravertible and had been plainly set out.

But several of the judges are desperate to find a way to please the USA and Israel and avoid countering the zionist narrative, the adoption of which is necessary to keep your feet comfortably under the table of the elite.

What counts more for them, personal comfort, the urgings of NATO, future wealthy sinecures?

Are they prepared to ditch any real notion of international law for these things?

That is the real question before the Court.'

South Africa vs Israel

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