ICJ Hearings to Examine 57 Years of Israeli Occupation of Palestine

By Brett Wilkins

"Decades of injustice will finally face scrutiny," said U.N. human rights official Francesca Albanese ahead of next week's Hague hearings on the legal consequences of Israel's illegal occupation.

More than 50 countries are set to participate in next week's hearings at the International Court of Justice focusing on Israel's illegal 57-year occupation of Palestine, a forum that follows the Hague tribunal's finding last month that Israel is "plausibly" committing genocide in occupied Gaza.

The ICJ—also known as the World Court—will hold a week of hearings on the legal consequences of Israel's occupation of Palestine, which dates to the Israeli conquest of the West Bank, East Jerusalem, Gaza Strip, Syrian Golan Heights, and Egyptian Sinai Peninsula during the 1967 Six-Day War.

"The International Court of Justice is set for the first time to broadly consider the legal consequences of Israel's nearly six-decades-long occupation and mistreatment of the Palestinian people," Human Rights Watch senior legal adviser Clive Baldwin said in a statement. "Governments that are presenting their arguments to the court should seize these landmark hearings to highlight the grave abuses Israeli authorities are committing against Palestinians, including the crimes against humanity of apartheid and persecution."

The West Bank, East Jerusalem, and Golan Heights remain under Israeli military occupation six decades after their conquest. The United Nations—to which the ICJ belongs—and many international NGOs contend that, despite removing its troops and settlers from Gaza two decades ago, Israel continues to occupy Gaza by controlling the besieged enclave's airspace, territorial waters, and the entry and exit of people and goods.

Since the October 7 Hamas-led attacks on Israel, the Israeli Defense Forces (IDF) have killed or wounded more than 100,000 Palestinians in Gaza while forcibly displacing around 90% of the population. Numerous Israeli leaders have called for the renewed physical occupation, Jewish resettlement, and ethnic cleansing of the strip.

During the current assault on Gaza, occupation forces have also killed at least 388 Palestinians, including 99 children, in the West Bank, according to U.N. human rights officials.

Israeli settlers have for decades been steadily colonizing the occupied territories under the protection of the IDF, while ethnically cleansing Palestinians whose lands and homes they steal.

Next week's hearings come on the heels of the ICJ's provisional ruling last month in a case led by South Africa—which will be the first nation after Palestine to present at next week's hearing—that Israel is "plausibly" committing genocide in Gaza. The tribunal ordered Israel to "take all measures within its power" to adhere to its obligations under Article II of the Genocide Convention.

Earlier this week, South Africa urgently appealed to the ICJ to act amid the looming threat of an Israeli ground invasion of Rafah. More than 1.5 million Palestinians, most of them refugees ordered to flee to the south of Gaza by invading Israeli forces, are crammed into what is now one of the world's most densely populated places.

On Friday, the ICJ declined to take any additional action against Israel, while reiterating that the "perilous situation" in Rafah "demands immediate and effective implementation of the provisional measures indicated by the court" in last month's ruling.

This article originally appeared in Common Dreams on February 16th, 2024.  

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Groups Intensify Global Push for Gaza Cease-Fire After ICJ Ruling

By Jessica Corbett

"An immediate cease-fire by all parties remains essential and—although not ordered by the court—is the most effective condition to implement the provisional measures and end unprecedented civilian suffering."

While welcoming the International Court of Justice's initial ruling in the South African-led case accusing Israel of genocide in the Gaza Strip, rights groups around the world on Friday renewed calls for a cease-fire.

The United Nations' top judicial body ordered Israel to "take all measures within its power" to uphold its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide but stopped short of demanding an immediate cease-fire. The ICJ proceedings that could find Israel guilty of genocide are expected to take years—time that the people of Gaza don't have.

"Today's decision is an authoritative reminder of the crucial role of international law in preventing genocide and protecting all victims of atrocity crimes," said Amnesty International secretary general Agnès Callamard. "It sends a clear message that the world will not stand by in silence as Israel pursues a ruthless military campaign to decimate the population of the Gaza Strip and unleash death, horror, and suffering against Palestinians on an unprecedented scale."

"However, the ICJ decision alone cannot put an end to the atrocities and devastation Gazans are witnessing," she continued. "Alarming signs of genocide in Gaza, and Israel's flagrant disregard for international law highlight the urgent need for effective, unified pressure on Israel to stop its onslaught against Palestinians. An immediate cease-fire by all parties remains essential and—although not ordered by the court—is the most effective condition to implement the provisional measures and end unprecedented civilian suffering."

As of Friday, Israel's retaliation for the Hamas-led attack on October 7 has killed at least 26,083 Palestinians—including 11,500 children—and wounded over 64,400 others, according to Gaza officials. The Israeli blockade and bombardment have also devastated civilian infrastructure, displaced most of the enclave's 2.3 million residents, and deprived them of much-needed commercial goods and humanitarian aid.

Stressing that "the stakes could not be higher," Callamard called on leaders from the United States—which gives Israel billions of dollars in military support—along with the United Kingdom, Germany, and other European Union members to "signal their respect for the court's legally binding decision and do everything in their power to uphold their obligation to prevent genocide."

Tens of thousands killed, over a million displaced, Israelis held hostage in the Gaza Strip, Hunger and a humanitarian catastrophe \u2013 all oblige Israel to stop the fighting.\nCeasefire - Now.

— (@)

Balkees Jarrah, associate international justice director at Human Rights Watch, also demanded that Israel and its allies immediately comply with the court's order on provisional measures, declaring that "lives hang in the balance, and governments need to urgently use their leverage to ensure that the order is enforced."

"The ICJ's speedy ruling is recognition of the dire situation in Gaza, where civilians face starvation and are being killed daily at levels unprecedented in the recent history of Israel and Palestine," Jarrah added. "The court's clear and binding order raises the stakes for Israel's allies to back up their stated commitment to a global rules-based order by helping ensure compliance with this watershed ruling."

Some governments across the world hailed the ICJ ruling as progress—even though Israeli leaders quickly made clear they have no plans to end the war. A spokesperson for the U.S. State Department said in part that "we continue to believe that allegations of genocide are unfounded and note the court did not make a finding about genocide or call for a cease-fire in its ruling."

Journalists and legal experts called the response from the United States a "mischaracterization" of the ICJ ruling intended to "justify U.S. policy instead of adjusting U.S. policy" and a signal that President Joe Biden has no plans to "stand up for justice."

\u2696\ufe0fThe provisional measures issued by @CIJ_ICJ order Israel to prevent acts of genocide (incl killing of Palestinians) + to ensure its military does not commit these acts. \n\nThis is very much a challenge to the @StateDept take that has justified illegal collective punishment. (2)

— (@)

Still, in a statement Friday, the U.S.-based anti-war group CodePink praised the ruling as "a crucial step toward justice" and asserted that "the only way to ensure Israel complies with the provisional measures is through an immediate cease-fire."

"CodePink reiterates its urgent call to the Biden administration and Congress to promptly terminate all financial support to Israel, given its perpetration of genocidal actions, and to demand an immediate cease-fire," the group said. "We will follow this historic case as it proceeds and continue to advocate in Congress, email and call our representatives, push for city cease-fire resolutions, and, of course, protest, rally, and disrupt until the genocide in Gaza ends and Palestine is free."

Leaders at Jewish Voice for Peace (JVP), which has spearheaded numerous protests across the United States demanding an end to U.S. support for Israel's unrelenting assault of Gaza, also took aim at Biden—who is seeking reelection this year—and vowed to keep up the fight.

"For over 100 days, the Israeli and the U.S. governments have gaslit and smeared the Palestinian people, denying what the entire world was witnessing: a genocide," noted JVP political director Beth Miller. "Now, the highest court in the world has found these claims plausible. President Biden has a choice to make: He can reject the entire system of international law and continue complicity in Israeli genocide, or he can stop arming a genocidal regime and stop attacking the people and movements struggling to build a more just and peaceful future."

As a hearing was held in U.S. court for a case accusing the Biden administration of complicity in the genocidal violence, JVP executive director Stefanie Fox said, "We don't need courts to tell us genocide is a moral catastrophe, but we do need courts to impose accountability when our own government has so shamefully worked to abet, fund, arm and secure impunity for the Israeli government's genocidal attack on Palestinians in Gaza."

"From here, the next step is clear: an immediate, permanent cease-fire," she added. "We're not stopping until Palestinians, like everyone else, live in justice, safety, and freedom."

Read the post below related to this topic
South Africa Initiates Case Against Israel at International Court of Justice, 

'Crucial Moment in History': ICJ Orders Israel to Prevent Acts of Genocide in Gaza

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'Crucial Moment in History': ICJ Orders Israel to Prevent Acts of Genocide in Gaza

By Jake Johnson

"One thing has been made clear on the world stage: There is vastly documented evidence that Israel is committing genocide against Palestinians," said the U.S. Campaign for Palestinian Rights.

The International Court of Justice ruled Friday that South Africa's genocide case is plausible and ordered Israel to "take all measures within its power" to uphold its obligations under Article II of the Genocide Convention.

The court also ordered the Israeli government to ensure its military does not commit violations of the convention in Gaza, punish those who incite genocide, immediately provide basic services and humanitarian assistance to Gazans, prevent the destruction of evidence that could show violations of international law, and submit a report to the ICJ on all steps it takes to implement the above measures.

The ICJ did not grant South Africa's request for a cease-fire.

While a final determination from the court on whether Israel is guilty of genocide in Gaza could be years away, Friday's ruling from the United Nations' highest court was seen as a huge blow to the Israeli government and its top arms supplier, the United States, which called South Africa's case "meritless."

"This ruling from the ICJ is a massive legal defeat for Israel and its premiere defenders, the U.S. and Germany," The Intercept's Jeremy Scahill wrote Friday. "The question now is enforceability and whether the U.S. will openly trample international law in an effort to continue aiding Israeli crimes against Palestinians."

As she read the court's interim decision, ICJ President Joan Donoghue cited testimony from United Nations officials and others on the appalling conditions on the ground in the Gaza Strip, where most of the population is displaced, starving, and struggling to survive Israel's relentless aerial and ground assault.

Donoghue said the court deemed the threat of "irreparable harm" to Gazans real and concluded that emergency measures were necessary to protect the Palestinian population from genocide.

"This is a crucial moment in history to finally holding Israel accountable," the U.S. Campaign for Palestinian Rights said in response to the decision. "One thing has been made clear on the world stage: There is vastly documented evidence that Israel is committing genocide against Palestinians."

Read the post below related to this topic

South Africa Initiates Case Against Israel at International Court of Justice, Common Dreams

Groups Intensify Global Push for Gaza Cease-Fire After ICJ Ruling, Common Dreams

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'No One Is Spared': South Africa Presents Genocide Case Against Israel at ICJ

By Jake Johnson

"Israel's political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent," a South African lawyer told the top U.N. court.

   

South African representatives argued before the International Court of Justice on Thursday that Israel is engaged in a genocidal assault on the Gaza Strip, subjecting the enclave to "merciless" bombing with the clear intent to wipe out the Palestinian population.

"They have deplored anyone feeling sorry for the uninvolved Gazans, asserting repeatedly that there are no uninvolved, that there are no innocents in Gaza, that the killers of the women and the children should not be separated from the citizens of Gaza, and that the children of Gaza have brought this upon themselves," South African attorney Tembeka Ngcukaitobi said during his presentation.

Thursday's hearing also featured remarks from South African Justice Minister Ronald Lamola, South African Ambassador to the Netherlands Vusimuzi Madonsela, lawyer Adila Hassim, and international law professor John Dugard, each of whom laid out an aspect of South Africa's case against the Israeli government.

Hassim argued that Israel's "first genocidal act" is the "mass killing of Palestinians in Gaza," pointing to the U.S.-armed military's use of 2,000-pound bombs in southern Gaza-the region to which Israeli forces ordered Gazans to move earlier in the war. 

"No one is spared. Not even newborns," said Hassim, displaying photos of mass graves in the Gaza Strip. "U.N. chiefs have described it as a graveyard for children."

"Israel has forced—forced—the displacement of about 85% of Palestinians in Gaza. There is nowhere safe for them to flee to."

Hassim made the case that Israel is guilty of violating articles 2a, 2b, 2c, and 2d of the Genocide Convention, which defines genocide as harm inflicted "with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group."

"Israel has deliberately imposed conditions on Gaza that cannot sustain life and are calculated to bring about its physical destruction," said Hassim. "Israel has forced—forced—the displacement of about 85% of Palestinians in Gaza. There is nowhere safe for them to flee to."

South Africa's presenters sought to demonstrate genocidal intent in part by directly quoting high-ranking Israeli officials, including Prime Minister Benjamin Netanyahu. Ngcukaitobi pointed to Netanyahu's repeated invocation of biblical passages to paint Gazans as modern-day Amalekites.

The attorney also played footage of Israeli soldiers chanting that they will "wipe off the seed of Amalek" and that there are "no uninvolved civilians" in Gaza.

"Israel's political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent," said Ngcukaitobi. "These statements are then repeated by soldiers on the ground in Gaza as they engage in the destruction of Palestinians and the physical infrastructure of Gaza."

South Africa's legal team decided against sharing highly graphic videos and photos during its presentations, saying it did not want to turn the court's proceedings "into a theatre for spectacle."

"South Africa's application in this court today is built on a foundation of clear legal rights, not images," the legal team said Thursday.

South Africa is asking the ICJ to adopt "provisional measures" to halt Israel's mass killing and displacement of Gazans, many of whom are starving and being stalked by disease.

Israel is set to offer its counter to South Africa's case on Friday, which will mark the first time Israel has defended itself in person at the United Nations' highest court.

In the days ahead of the ICJ's public hearings, Israeli officials pressured governments around the world to publicly denounce South Africa's case. The United States, Israel's top ally and leading arms supplier, has dismissed South Africa's arguments as "meritless."

But a growing number of national governments are backing South Africa, including Brazil, Malaysia, Bolivia, and Pakistan. South Africa's ICJ effort has also drawn massive support from grassroots organizations across the globe.

"Israel's killing, injuring, traumatizing, and displacing large numbers of Palestinians and denying water, food, medicine, and fuel to an occupied population meet the criteria for the crime of genocide," reads an open letter signed by more than 1,000 unions, popular movements, and other groups. "If a majority of the world's nations call for a cease-fire, yet fail to press for prosecution of Israel—what is to stop Israel from ethnically cleansing all Palestinians?"

This article originally appeared in Common Dreams on January 11th, 2024.  

Read the post below related to this topic
South Africa Initiates Case Against Israel at International Court of Justice, Common Dreams

Groups Intensify Global Push for Gaza Cease-Fire After ICJ Ruling,  Common Dreams

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South Africa Initiates Case Against Israel at International Court of Justice

By Julia Conley

The African country, one journalist noted, "fought for its own liberation against an apartheid regime supported for decades by the U.S."

"No one knows apartheid like those who fought it before," said one Palestinian rights advocate on Friday in response to the news that South Africa has taken a "historic" new step to hold Israel accountable for its relentless bombardment and violent yearslong occupation of Gaza—calling on the International Court of Justice to declare that Israel has breached its obligations under the Genocide Convention.

The Department of International Relations and Cooperation (DIRCO) in South Africa said it is "gravely concerned with the plight of civilians caught in the present Israeli attacks on the Gaza Strip due to the indiscriminate use of force and forcible removal of inhabitants" and called on the ICJ to take action to force Israel to "immediately cease" its current attacks on Gaza's 2.3 million residents.

The motion was filed as the death toll in Gaza surpassed 21,500 people and tens of thousands of displaced residents fled an Israeli ground offensive, as airstrikes continued in southern Gaza.

Noting that South Africa has consistently condemned all attacks on civilians, including the assault by Hamas on southern Israel on October7, the country's representatives at hte ICJ said Israel's bombardment of Gaza is "genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and [ethnic] group."

"The acts in question include killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction," reads the application filed at the ICJ.

South Africa took its latest action regarding Israel less than two weeks after President Cyril Ramaphosa announced the government had submitted documents to the International Criminal Court (ICC) supporting its demand, made in November with several other countries, that the court investigate Israel for war crimes.

While the ICC prosecutes individuals and governments for committing war crimes, the ICJ operates under the United Nations to rule on disputes between countries. The ICJ's orders are binding for Israel, as the country is a U.N. member state.

South Africa has joined international human rights experts—including the U.N.'s top expert on human rights in occupied Palestine—in saying Israel's blockade of Gaza and violent treatment of those in the enclave and the West Bank is a form of apartheid, comparing Israeli policies to the racial segregation that was imposed for nearly five decades by the white minority that controlled South Africa.

Last month, the government voted to suspend diplomatic ties with Israel until Prime Minister Benjamin Netanyahu's government agrees to a permanent humanitarian cease-fire.

"South Africa has continuously called for an immediate and permanent cease-fire and the resumption of talks that will end the violence arising from the continued belligerent occupation of Palestine," the government said Friday.

Journalist Jeremy Scahill was among those who recognized the significance of South Africa's application at the ICJ, noting that the country "fought for its own liberation against an apartheid regime supported for decades by the U.S.," which is backing Israel's assault on Gaza despite international outcry and protests within the United States.

"The U.N. Genocide Convention must be upheld. Israel must be held accountable," said former U.N. human rights official Craig Mokhiber, who resigned from the Office of the High Commissioner for Human Rights (OHCHR) in October in protest of the U.N.'s failure to stop Israel's massacre of civilians. "International law must be preserved."

At the ICJ, South Africa called for an expedited hearing on Israel's actions and asked the court to indicate provisional measures under the Genocide Convention to "protect against further, severe, and irreparable harm to the rights of the Palestinian people."

Article 2 of the Genocide Convention, adopted in 1948, states that genocide includes acts committed with the "intent to destroy, either in whole or in part, a national, ethnic, racial, or religious group."

Marwan Bishara, Al Jazeera's senior political analyst, pointed out Friday that "the three leading Israeli officials have declared the intent" to wipe out Gaza's population.

Bishara noted that Israeli President Isaac Herzog said in October that all civilians in Gaza are "responsible" for Hamas' attack on southern Israel, days after Defense Minister Yoav Gallant said the military would collectively punish the enclave's population, who he called "human animals."

Netanyahu also said this week that so-called "voluntary migration" of Gaza residents is the ultimate objective of Israel's assault.

On Friday, the spokesperson for Israel's Foreign Affairs Ministry, Lior Haiat, dismissed South Africa's motion as "baseless" and a "despicable and contemptuous exploitation of the court."

Despite top officials' recent statements, Haiat said the government has "made it clear that the residents of the Gaza Strip are not the enemy."

Omar Shakir, Israel and Palestine director for Human Rights Watch, called South Africa's move "a vital step to propel greater support for impartial justice." 

This article originally appeared in Common Dreams on December 29th, 2023.  

Read the post below related to this topic

'No One Is Spared': South Africa Presents Genocide Case Against Israel at ICJ, Common Dreams

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Advancing Malcolm's work...

By Charles Brooks

Typically, when there are ceremonies honoring Malcolm X, there are subtle reminders about Malcolm X as an iconized mythical figure.  Dr. Peniel Joseph, Professor of History at Tufts University, recently wrote: “In death, Malcolm became larger than he had been in life. Black radicals embraced him as the revolutionary avatar of black liberation in America and around the world. His posthumously published autobiography became a best-seller, and his legacy inspired numerous books, a U.S. postage stamp, a major motion picture and a Malcolm X revival during the early 1990s,” Dr. Peniel continues, “In 2014 Malcolm X matters now more than ever. His political integrity and personal sincerity set a high bar for all future black leaders. His identification with, and love for, the black working class set an enduring standard. Malcolm didn’t just love black people—he respected them enough to challenge them, offering stinging criticism in some instances and gentle prodding in others.”

Let’s grapple with the first sentence for a moment…Malcolm became larger than he had been in life – there may be good reason for this. For example, the influence that Malcolm's work had, not only on the formation of Black Power and Black Liberation movements but on the civil rights movement as well. Organizations such as the Student Non-violent Coordinating Committee (SNCC), Congress of Racial Equality (CORE),  the Black Panthers, Revolutionary Action Movement (RAM), and the Republic of New Afrika to name a few were all inspired and shaped by Malcolm's Black Nationalism. 

When you can begin to understand the pivotal role these movements, organizations and individuals had in carrying this struggle forward – then you can begin to understand exactly what Malcolm X meant to so many who advanced and carried his work forward.  That would begin to explain why the Brother Minister grew larger in death.