Tag: Israel

UN Court Urges Israel to Prevent Genocide in Gaza, Halts Short of Ceasefire Mandate

Staff ReporterDiplomacy, World 0

The highest court of the United Nations on Friday issued a directive to Israel, urging it to take all possible measures to prevent fatalities, devastation, and any acts of genocide in Gaza. However, the panel refrained from mandating an end to the military offensive devastating the Palestinian territory.

Court President Joan E. Donoghue expressed profound concern over the ongoing loss of life and human suffering in the region. This ruling, arising from a genocide case initiated by South Africa, constitutes a significant censure of Israel’s conduct during wartime, escalating international pressure to cease the nearly four-month-long offensive that has resulted in over 26,000 Palestinian casualties and displaced around 85% of Gaza’s population.

Israeli Prime Minister Benjamin Netanyahu denounced the court’s willingness to address genocide charges as a lasting disgrace, vowing to persist with the war effort. The timing of the ruling, coinciding with International Holocaust Remembrance Day, amplified its impact.

U.N. Secretary-General Antonio Guterres emphasized the legally binding nature of the court’s decisions, expressing trust in Israel’s compliance. Former Israeli Defense Minister Benny Gantz urged a focus on prosecuting Hamas militants responsible for deadly attacks on Israeli civilians.

The court also called for the release of hostages still held by Hamas and urged international pressure on Israel to adhere to its directives. While most measures received overwhelming judicial support, Israeli Judge Aharon Barak endorsed two orders, emphasizing their potential to mitigate tensions and alleviate suffering.

Although legally binding, compliance with these provisional measures remains uncertain. Netanyahu affirmed Israel’s determination to defend itself, employing a more defiant tone in Hebrew for domestic audiences.

The court mandated Israel to prevent genocide and refrain from harming Palestinians, facilitate urgent humanitarian aid to Gaza, and address any incitement to genocide, among other measures. Israel is required tosubmit a report on its actions within a month, with potential consequences for non-compliance.

Legal experts anticipate years of proceedings to address South Africa’s genocide allegations fully. The U.N. Security Council is slated to convene to discuss the ruling’s implications.

In Israel, commentators expressed relief over the absence of a cease-fire mandate, which could have led to a clash with the U.N. Palestinians and their supporters welcomed the court’s decision as a step towards holding Israel accountable.

The U.S. reiterated its stance on minimizing harm to civilians, increasing humanitarian aid, and curtailing dehumanizing rhetoric but maintained that allegations of genocide are baseless.

The South African government hailed the ruling as implicating Israel in potentially genocidal actions, refuting Israel’s claims of compliance with international law.

While Israel often boycotts international tribunals, it sent a high-level legal team in recognition of the case’s gravity. The Health Ministry in Gaza, under Hamas control, reports a death toll without distinguishing between combatants and civilians, with a significant proportion being women and children.

Israeli military sources assert that a substantial number of casualties were Hamas militants. U.N. officials fear further loss of life due to disease and malnutrition, with a significant portion of Gaza’s population facing starvation.

Law professor Yuval Shany opined that the court’s decision, though concerning, falls short of Israel’s worst fears and is unlikely to significantly alter military operations.

The court’s ruling represents a significant condemnation of Israel’s actions in Gaza, adding pressure to cease hostilities and address humanitarian concerns, while legal proceedings are expected to continue in the coming years.

https://religionnews.com/2024/01/27/un-court-orders-israel-to-prevent-genocide-in-gaza-but-stops-short-of-ordering-cease-fire/

ICJ Directive Puts Pressure on Israel: U.S. Support Tested Amid Calls for Gaza Ceasefire

Staff ReporterDiplomacy, Global, Nation 0

The International Court of Justice (ICJ) has issued a directive to Israel, compelling it to enhance its protection of civilians within the Gaza Strip amidst its conflict with Hamas. The court has granted Prime Minister Netanyahu’s administration a one-month window to furnish a comprehensive plan in response to this mandate.

This deadline presents a significant challenge to President Biden’s backing of Israel’s offensive, especially in light of escalating global pressure for a cessation of hostilities. The United States has been a vocal advocate for respecting decisions emanating from international judicial bodies, adding weight to the ICJ’s verdict.

Stephen Rapp, former U.S. Ambassador-at-Large for War Crimes Issues, emphasized the significance of this decision for Israel, stressing that compliance holds substantial consequences in international relations. He noted that key U.S. allies would anticipate Israel’s adherence to the ICJ’s directives, cautioning that defiance could isolate the Israeli government diplomatically.

Despite South Africa’s plea for a ceasefire, which was part of its accusations against Israel presented to the ICJ, the court’s ruling did not explicitly demand one. However, South Africa’s Foreign Minister, Naledi Pandor, asserted that implementing a ceasefire is imperative to fulfill the court’s stipulations, emphasizing the need to mitigate harm to innocent civilians.

The Biden administration has expressed concerns about the humanitarian toll of the conflict, urging Israel to take greater measures to safeguard civilians. While the U.S. acknowledges Israel’s right to self-defense, it advocates for actions aimed at minimizing civilian casualties and facilitating humanitarian aid to Gaza.

The administration’s stance aligns with the ICJ’s ruling, albeit it has rebuffed efforts to impose direct action against Israel, notably at the United Nations Security Council. The U.S. favors “humanitarian pauses” over a blanket ceasefire, aiming to balance Israel’s security concerns with the urgent humanitarian needs of Gaza’s population.

Critics contend that Israel’s military operations have inflicted extensive damage, necessitating an immediate ceasefire to alleviate the humanitarian crisis in Gaza. They also oppose U.S. military aid to Israel, citing the ICJ’s acknowledgment of potential violations of the Convention on the Prevention and Punishment of the Crime of Genocide.

The ICJ’s ruling has prompted reactions within the United States, with some calling for a reassessment of military aid to Israel to avoid complicity in potential violations of international law. Calls for a ceasefire have resonated among Democratic lawmakers, with proposals for increased congressional oversight on arms sales and aid to Israel gaining traction.

While the majority of Congress opposes compelling Israel into a ceasefire, there’s growing concern among Democrats regarding Israel’s conduct of the conflict. Senators are exploring avenues to enhance congressional oversight and ensure that U.S. military assistance aligns with international humanitarian standards.

The ICJ’s comprehensive ruling on the allegation of genocide against Palestinians is anticipated to unfold over several years. Proponents of Israel’s right to self-defense view the initial verdict as a cautionary signal, acknowledging the mounting concern over civilian casualties and humanitarian conditions.

Robert Satloff, Executive Director of the Washington Institute for Near East Policy, cautioned against complacency, emphasizing the real political implications of the international community’s concerns regarding civilian casualties and the humanitarian crisis in Gaza.

Israel Defends Actions in Gaza Amid Genocide Accusations at the International Court

Staff ReporterWorld 0

Accused of committing genocide against Palestinians, Israel staunchly defended its military operations in Gaza at the United Nations’ highest court on Friday. A day prior, Prime Minister Benjamin Netanyahu vehemently dismissed the allegations as hypocritical, decrying them as an “upside-down world” while facing charges of genocide. Israel, established in the aftermath of the Holocaust, faced the accusations brought by South Africa in one of the largest cases before an international court, drawing global attention and protesters from both sides.

South African lawyers urged the court on Thursday to immediately halt Israeli military operations in Gaza, home to 2.3 million Palestinians. While a decision on this request is expected in the coming weeks, the full case may extend over several years.

“We live at a time when words are cheap in an age of social media and identity politics. The temptation to reach for the most outrageous term to vilify and demonize has become, for many, irresistible,” expressed Israeli legal advisor Tal Becker at the Palace of Peace in The Hague.

Becker highlighted, “South Africa has regrettably put before the court a profoundly distorted, factual, and legal picture. The entirety of its case hinges on a deliberately curated, decontextualized, and manipulative description of the reality of current hostilities.”

While Israel commonly boycotts international tribunals, citing unfairness and bias, it has taken the unusual step of sending a high-level legal team to address the gravity of the accusations.

At the core of the case are Israel’s actions in Gaza, where a massive air and ground assault followed the crossing of Hamas militants into Israel on Oct. 7. The assailants killed around 1,200 people, mostly civilians, and abducted over 250 individuals, with more than half still in captivity. According to Gaza’s Health Ministry, over 23,000 people have been killed during the military campaign, with nearly 85% of Gaza’s population displaced, a quarter facing starvation, and significant areas reduced to rubble.

South Africa contends that Israel’s actions amount to genocide and are part of decades of oppression against Palestinians. Lawyer TembekaNgcukaitobi asserted, “The scale of destruction in Gaza, the targeting of family homes and civilians, the war being a war on children — all make clear that genocidal intent is both understood and has been put into practice. The articulated intent is the destruction of Palestinian life.”

Netanyahu rejected these claims, stating, “This is an upside-down world — the state of Israel is accused of genocide while it is fighting genocide. The hypocrisy of South Africa screams to the heavens.”

Contrary to South Africa’s allegations, Israel argues that it is acting in legitimate self-defense. The court must assess whether Israel’s operations comply with international agreements governing the conduct of war, even in response to severe attacks.

While the court’s findings are binding, it remains uncertain if Israel would comply with any order to halt military operations. Non-compliance could lead to U.N. sanctions, potentially vetoed by the United States, Israel’s steadfast ally. The White House refrained from commenting on potential responses if the court determines Israel committed genocide, with National Security Council spokesperson John Kirby dismissing the allegations as “unfounded.”

The case delves into one of the world’s most intractable conflicts, prompting protests for a second consecutive day outside the court. Pro-Israeli demonstrators commemorated hostages held by Hamas, while over 100 pro-Palestinian protesters voiced their concerns.

This case strikes at the core of Israel’s national identity, founded as a Jewish state in the aftermath of the Nazi Holocaust. Israel contends it is combating a formidable enemy responsible for the deadliest attack on its territory since its establishment in 1948. The nation asserts adherence to international law and efforts to minimize harm to civilians, attributing the high death toll to Hamas militants operating in residential areas.

South Africa seeks to broaden the case beyond the Israel-Hamas war, highlighting a history of systematic oppression and violence against Palestinians over the last 76 years. Justice Minister Ronald Lamola emphasized, “Mothers, fathers, children, siblings, grandparents, aunts, cousins are often all killed together. This killing is nothing short of destruction of Palestinian life. It is inflicted deliberately. No one is spared. Not even newborn babies.”

Approximately two-thirds of the casualties in Gaza are women and children, according to health officials. The case, unprecedented in its scope, raises questions about the responsibilities of nations in situations resembling genocide. The world court, which adjudicates disputes between nations, has never previously held a country responsible for genocide, with the closest instance being in 2007 when it ruled that Serbia “violated the obligation to prevent genocide” during the Bosnian enclave massacre in Srebrenica.

https://www.npr.org/2024/01/12/1224360624/israel-defends-itself-at-the-u-n-s-top-court-against-allegations-of-genocide

Legal Showdown at The Hague: South Africa Accuses Israel of Genocide in Gaza War

Staff ReporterDiplomacy, World 0

In a significant legal battle, the International Court of Justice (ICJ) commenced two days of hearings on Thursday, where South Africa accuses Israel of genocide in connection to its Gaza war. Israel vehemently rejects these allegations.

Lawyers representing South Africa urged the judges to issue binding preliminary orders against Israel, demanding an immediate cessation of its military campaign in Gaza. ICJ President Joan E. Donoghue outlined South Africa’s claims, stating that the country argues Israeli actions post the Oct. 7 attacks by Hamas “are genocidal in character” and that Israel “failed to prevent genocide and is committing genocide.” Donoghue added that South Africa contends Israel violates “other fundamental obligations under the (U.N.) Genocide Convention.”

Pro-Israeli protesters, advocating for the release of hostages held by Hamas, gathered near the courthouse with banners reading “Bring them home.” Among the crowd, individuals waved Israeli and Dutch flags. Simultaneously, outside the court, protesters waved the Palestinian flag in support of South Africa’s stance.

The dispute strikes at the core of Israel’s national identity, being a Jewish state formed in the aftermath of the Holocaust. Additionally, it delves into South Africa’s identity, with the African National Congress comparing Israel’s policies to its own history under the apartheid regime.

Despite its usual skepticism toward U.N. and international tribunals, Israel assembled a robust legal team to defend its military operations launched after the Oct. 7 attacks by Hamas. Juliette McIntyre, an international law expert, noted, “I think they have come because they want to be exonerated and think they can successfully resist the accusation of genocide.”

Israeli Prime Minister Benjamin Netanyahu released a video statement defending his country’s actions, emphasizing that Israel has no intention of permanently occupying Gaza or displacing its civilian population. He asserted that Israel is targeting Hamas terrorists and operating in compliance with international law, accusing Hamas of using Palestinian civilians as human shields.

In response to the case filed last year, the Palestinian Authority’s foreign ministry urged the court to take immediate action to protect the Palestinian people and call on Israel to halt its onslaught. The two days of preliminary hearings began with South Africa’s lawyers explaining the accusations against Israel and why they are calling for an immediate halt to military actions.

According to the Health Ministry in Hamas-run Gaza, Israel’s offensive has resulted in the deaths of over 23,200 Palestinians, with about two-thirds being women and children. The death toll does not distinguish between combatants and civilians. In the Oct. 7 attack, Hamas fighters killed approximately 1,200 people in several Israeli communities and abducted around 250 others.

During a visit to Tel Aviv, U.S. Secretary of State Antony Blinken dismissed the case as “meritless,” emphasizing the ongoing threats against Israel from groups like Hamas, Hezbollah, the Houthis, and Iran.

The ICJ, responsible for resolving disputes between nations, has never ruled a country responsible for genocide. The closest instance was in 2007 when it determined that Serbia “violated the obligation to prevent genocide” in the 1995 massacre in Srebrenica.

The case hinges on the 1948 genocide convention, a response to World War II and the Holocaust, with both Israel and South Africa as signatories. South Africa’s detailed 84-page document argues that Israel has demonstrated intent to commit genocide.

South Africa seeks the court’s establishment of Israel’s responsibility for violations of the Genocide Convention, holding it fully accountable under international law, and ensuring protection for Palestinians in Gaza. A team of South African lawyers presented three hours of arguments, and Israel’s legal team will respond on the following day.

Human Rights Watch views these hearings as an opportunity to scrutinize Israel’s actions. Balkees Jarrah, the group’s associate international justice director, stated, “South Africa’s genocide case unlocks a legal process at the world’s highest court to credibly examine Israel’s conduct in Gaza in the hopes of curtailing further suffering.”

Israel will face another ICJ session next month, where hearings will open into a U.N. request for a non-binding advisory opinion on the legality of Israeli policies in the West Bank and east Jerusalem.

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