international law
South Africa to file legal action with ICJ against UK, US, for war crime complicity
Nation whose case put Israel formally on trial for genocide joins Nicaragua in turning its sights on accomplices in genocide
South Africa’s legal team at the ICJ last month
A team of almost fifty South African lawyers is preparing a legal case to bring to the International Court of Justice (ICJ), the United Nations’ top court, against the US and UK, for their complicity in Israel’s array of war crimes in Gaza and the occupied West Bank.
South Africa’s successful ICJ case against Israel last month led to Israel being put formally on trial for genocide and resulted in a string of binding orders on Israel to stop its slaughter of Gazans and even to protect Palestinians from harm, as well as to ensure adequate aid reaches the strip’s 2.5 million people, many of whom are now starving and homeless.
Israel has flouted the rulings, continuing and even intensifying the mass murder and blockade, and is being supported in its flagrant disregard for international law by the UK and US, who are providing both material and financial aid, and giving political cover by refusing to condemn Israel’s actions or to call its crimes what they are, instead casting doubt on the mass deaths and brutality and denigrating the Court’s ruling.
South Africa joins Nicaragua in taking action against the UK and US. The Central American nation has also filed a case against Germany, Canada and the Netherlands.
The team of lawyers, which already numbers around fifty, is likely to grow further as more lawyers are set to join from other nations. Wikus van Rensburg, who is leading the action, said that it was time for the US and other complicit nations to “be held responsible for [their] crimes”.
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Nicaragua brings ICJ case vs UK, Germany, NL, Canada for complicity in Gaza genocide
While individual UK politicians face potential personal liability for collusion in Israel’s slaughter, UK government as a whole is now also on hook
The Nicaraguan government initiated proceedings at the International Court of Justice (ICJ) yesterday against the UK, Netherlands, Germany and Canada for complicity in Israel’s genocide in Gaza by providing the Israeli occupation with weapons and support used in the killing of Palestinians.
A statement by the Nicaraguan government notes that it had warned these states of their likely complicity in “flagrant and systemic violations” of the Genocide Convention, urging them to immediately stop providing Israel with weapons and tech that were likely to be used in violation of the Convention and that the ICJ’s ruling against Israel last month had put a duty on all countries to stop supplying Israel with the means to conduct its slaughter of Palestinians in Gaza.
The ICJ ordered Israel not just to stop its own killing of Gazans but to “take all measures” to prevent their deaths and to improve the dire humanitarian situation.
UK PM Rishi Sunak, so-called ‘opposition leader’ Keir Starmer and other senior politicians have already been warned by the International Centre for Justice for Palestinians (ICJP) that it will prosecute them for their personal liability for colluding in and providing cover for Israel’s mass murder of Palestinian civilians.
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UNRWA nominated for Nobel Peace Prize – but Israel freezes its bank accounts
Israeli move likely to mean even faster starvation for hundreds of thousands
UNRWA, the United Nations relief agency for Palestine, has been nominated for the Nobel Peace Prize. The news comes as the assault on UNRWA’s funding intensifies.
A number of nations have, inexcusably, used Israel’s claims – that twelve of the agency’s more than 13,000 employees in Gaza took part in the 7 October raid – as a pretext for cutting off funding to UNRWA despite its central role in providing relief for the two million Palestinians in Gaza who are in starvation because of Israel’s blockade.
And Israeli bank Leumi has today locked all of UNRWA’s accounts, claiming UNRWA is unable to provide sufficient receipts to be able to prove no funds are going to ‘terrorists’. The UN has said it has no alternative mechanism to fund UNRWA if international donations are cut off and a number of nations – including Norway, home of the Nobel Peace Prize – have said they will continue to provide funds. But if UNRWA is unable to access them where it needs them, it will be even more severely hampered.
Norwegian Labour MP Asmund Aukrust told Dagbladet that he had nominated UNRWA,
for its long-term work to provide vital support to Palestine and the region in general.
Israel bombed the relief offices last week of Belgium, another country whose government has committed to funding UNRWA.
The nomination is an apt response to Israel’s smears against UNRWA and the collusion of some western nations, including the US and UK, in the genocide in Gaza. But it will not feed the starving – and despite being officially on trial for genocide at the International Court of Justice (ICJ) and ordered by the ICJ to protect Palestinian lives, the Israeli apartheid regime’s murderousness toward the millions of civilian Palestinians in Gaza appears to know no bounds.
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Israel bombs Belgium’s offices in Gaza – UK media ignore
Belgium commits to funding UNRWA and has previously called for sanctions against Israel. Israel bombs Belgium’s representatives and ‘completely destroys’ office
Before and after: Belgium’s representative office in Gaza
Belgium has summoned Israel’s ambassador to give account to Belgium’s prime minister after an Israeli bombing ‘completely destroyed’ the country’s official representative office in Gaza. Despite the attack happening last night – and being freely covered by Israeli papers – the UK’s ‘mainstream’ media appear to have completely ignored the crime and Belgium’s response:
Earlier this week, Belgium committed to continuing to provide funding to UNRWA, the vital UN agency providing desperately-needed aid to Gaza’s two million starving and suffering people. The UK, US and several other nations have cut off funding to UNRWA, despite what appears to be a complete lack of evidence, after Israel claimed twelve of UNRWA’s 13,000 employees participated in the 7 October raid. Israel has for decades wanted an end to the agency because it maintains Palestinians’ hopes of exercising their right of return to land and homes from which they were driven at gunpoint.
Last November, Belgium’s deputy prime minister also called for sanctions against Israel for its war crimes against Palestinians, including frequent and deliberate bombing of refugee camps, hospitals and schools.
Israel has been ordered by the International Court of Justice (ICJ), in a binding legal ruling, to stop and prevent the killing of Gaza’s people. If anything, it has accelerated the slaughter and continues to display its contempt for decency and international law.
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Israeli ministers speak to extremist conference about clearing Gaza for settlement
A day after the ICJ’s damning verdict that found Israel’s genocidal acts as fact, government ministers call for more war crimes
Around twenty Israeli government ministers and Knesset members have attended a right-wing extremist event demanding the clearing of Gaza and the replacement of the indigenous Palestinian people with Zionist settlers.
Security minister Itamar ben Gvir, communications minister Shlomo Karhi, finance minister Bezalel Smotrich spoke at, and a string of other members of the Netanyahu government and government parties attended, the event – titled “Conference for the Victory of Israel – Settlement Brings Security: Returning to the Gaza Strip and Northern Samaria”.
Ben Gvir – himself an illegal settler – told the far right gathering of the imperative to ‘voluntarily’ move the Palestinian population out of Gaza:
We need to find a legal way to voluntarily emigrate [Palestinians] and impose death sentences on terrorists.
I turn to you, PM Netanyahu: this is time for brave decisions.
Smotrich, according to Israeli paper Haaretz, said:
We are rising, we have a nation of lions [and many children] are returning there as combat fighters. We must make sure they return there as settlers to protect the people of Israel.
Karhi clarified what a farce all talk of ‘voluntary’ migration is:
‘…voluntary’ is at times a state you impose [on someone] until they give their consent.
Katz added, in chilling language:
Today, after 18 years [from disengagement from Gaza], we have the opportunity to rebuild and expand the land of Israel. This is our final opportunity.
The conference came just a couple of days after another far-right event titled ‘Victory Convention: Conquer and Colonise Gaza’.
Israel has continued to slaughter hundreds of Palestinians in Gaza since the International Court of Justice (ICJ) delivered its interim ruling, despite being ordered by the court to take all measures to prevent any Palestinians being killed. Now, after the court found as fact the genocidal language used by Israeli government figures, others are piling the evidence still higher.
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Ignore Israel’s spin: ICJ HAS ordered a ceasefire – and much more than a ceasefire
Desperate damage control by genocidal regime can’t hide the facts – the ICJ has gone well beyond a mere ceasefire: Israel has been ordered to protect Palestinians in Gaza, not just stop shooting at them
In the wake of the International Court of Justice’s (ICJ) historic verdict that officially put Israel on trial for genocide against the Palestinians in Gaza, Israel’s spin doctors, apologists and mouthpieces have desperately been trying to spin the court’s crushing judgment as some kind of victory on the basis that the ICJ did not ‘order a ceasefire’.
Unfortunately, some supporters of Palestine have fallen into the trap – but in fact, the ICJ went way beyond merely ordering a ceasefire. As the president of the court announced, Israel has not just been ordered to stop shooting at and bombing Palestinians.
It has been explicitly ordered to protect them by preventing anyone killing them, inflicting psychological harm on them, preventing reproduction or any other means:
A ceasefire is an agreement to cease hostilities between two countries engaged in a war – in a genocide, the murderous party is ordered to stop the genocide, but the court went further and told Israel it must prevent the killing of Palestinians, as well as pursue any who try to do so and to ensure evidence of such war crimes is not destroyed, as Israel has routinely been doing.
Craig Mokhiber, who resigned as a UN genocide expert last autumn because the UN was failing to prevent Israel’s ‘textbook genocide’ against the people of Gaza, agreed in an interview on Friday night:
Of course Israel will ignore the ruling and the orders that come with it – decades of impunity have instilled such an arrogant sense of entitlement in Israeli politicians that they will flout the ruling. But – vitally – Israel’s backers and enablers are now explicitly breaking international law every single time they provide materials, funding or practical assistance, or political cover, for Israel’s mass murder. And in a month, Israel has to come back to the court and detail its compliance or lack of compliance with the court’s order.
And every country that wishes to uphold international law will be able, and even obliged, to use their own jurisdiction – granted to them by the ruling – to issue warrants for the arrest of anyone committing or complicit in the genocide, in addition to the vast political damage those complicit, criminal regimes will be doing to themselves.
And the UN General Assembly, if Israel and its backers flout the ruling, will be entitled to remove Israel from the UN community of nations and even to refuse to recognise Israeli passports, as was done to apartheid South Africa.
The extent to which this damages Israel and its international standing can be seen in the outraged, petty, desperate and clearly coordinated reaction of its mouthpieces.
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South Africa’s formal statement on ICJ genocide ruling
South Africa puts UK, US and others on warning of complicity in genocide
South Africa’s formal statement following the findings of the ICJ that have put Israel formally on trial for its genocide in Gaza and have made the occupier state legally responsible for a list of measures to prevent further genocide:
26 January 2024
Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people. In a landmark ruling, the International Court of Justice (ICJ) has determined that Israel’s actions in Gaza are plausibly genocidal and has indicated provisional measures on that basis. For the implementation of the international rule of law, the decision is a momentous one. South Africa thanks the Court for its swift ruling.
The United Nations Security Council will now be formally notified of the Court’s order pursuant to Article 41(2) of the Court’s Statute. The veto power wielded by individual states can not be permitted to thwart international justice, not least in light of the ever-worsening situation in Gaza brought about by Israel’s acts and omissions in violation of the Genocide Convention.
Third States are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza. They must, therefore, also act independently and immediately to prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide Convention, including by aiding or assisting in the commission of genocide. This necessarily imposes an obligation on all States to cease funding and facilitating Israel’s military actions, which are plausibly genocidal.Above all else, the provisional measures are directly binding on Israel, which is required pursuant to the Court’s order and to the Genocide Convention itself, to stop all acts by it that are plausibly genocidal, such as those raised by South Africa in its Application and request for the indication of provisional measures. There is no credible basis for Israel to continue to claim that its military actions are in full compliance with international law, including the Genocide Convention, having regard to the Court’s ruling.
South Africa sincerely hopes that Israel will not act to frustrate the application of this Order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do.
South Africa will continue to act within the institutions of global governance to protect the rights, including the fundamental right to life, of Palestinians in Gaza – which continue to remain at urgent risk including from Israeli military assault, starvation and disease – and to obtain the fair and equal application of international law to all, in the interest of our collective humanity. Notably, South Africa will continue to do everything within its power to preserve the existence of the Palestinian people as a group, to end all acts of apartheid and genocide against the Palestinian people and to walk with them towards the realisation of their collective right to self-determination, for, as Nelson Mandela momentously declared, “our freedom is incomplete without the freedom of the Palestinians”.
The indication by this Court of provisional measures pursuant to the Genocide Convention marks a significant historical step towards that goal.
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ICJ rules Israel’s actions in Gaza fall under Genocide convention
Court in Case orders Israel to take ‘all’ measures to avoid further genocide, as South Africa strikes huge blow for Palestinians and humanity
The International Court of Justice (ICJ) has ruled that at least some (!) of Israel’s actions in Gaza fall under the provisions of the Genocide Convention and that Israel must take a list of measures to prevent further genocide, including immediate, ongoing and adequate humanitarian relief, which South Africa says must amount to a ceasefire order to allow relief to reach those who need it, and the prevention of any attempts to destroy evidence of genocide. Israel must return to the ICJ in a month with a report on what it has done to comply with the orders.
The court also threw out Israel’s request for the case to be taken off the genocide case list.
The rulings were by a huge majority – on two of the orders, even the Israeli judge on the ICJ, a hard-line Zionist, voted against Israel. No matter how Netanyahu’s regime tries to spin it, Israel is now on trial for genocide.
South Africa, in bringing the case, has struck a huge blow for Palestinians, for justice and for humanity.
Of course, an Israeli regime that has slaughtered tens of thousands of civilians, mostly women and children, has flattened hospitals, schools and homes and conducted mass arrests and summary executions is unlikely to listen, but other countries now have an unequivocal duty to act to prevent Israel’s genocide.
The court did not order a complete halt to military operations in Gaza, but this is not the victory that Israel has tried to claim. As Ali Abunimah pointed out, the language of ‘ceasefire’ is not applicable in a one-sided slaughter:
And the court has ordered Israel to stop killing Palestinians:
The complete list of orders from the International Court of Justice (ICJ) to Israel regarding the South African genocide case against Israel. pic.twitter.com/NRBploz4t4
— Furkan Gözükara (@GozukaraFurkan) January 26, 2024
But how big a blow to Israel this judgment represents can be seen in the furious, spitting reaction of the regime and it’s spokespeople to it.
From now on, any government or so-called ‘opposition’ which, like the US and UK, now provides assistance or cover to the Israelis in their mass slaughter of innocents is now expressly on the wrong side of international law.
So toxic is international realpolitik that this will not stop them, but their already shredded claims to stand for order or democracy are now dust. Shame on them forever.
Congratulations South Africa. Solidarity with the people of Palestine and all who stand with and for justice and humanity.
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Israeli media discussing ‘horrifying’ mass ‘friendly fire’ killings by IDF – but UK media stay silent
Mass murder of Israeli citizens by country’s own military during Hamas raid has been a topic of discussion in Israeli papers and TV for some time – now it is an acknowledged fact, yet UK media still talking as if it never happened
Cars burned – it’s now clear by Israeli rockets – on a road from an Israeli rave to the Gaza border in October
Israeli media has begun to freely discuss as fact the mass murder of Israeli citizens by so-called ‘friendly fire’ from the IDF during the 7 October Hamas raid near Israel’s border with Gaza.
The reality of the killings has not been treated with any serious doubt by Israeli papers and broadcasters for weeks – they could hardly do otherwise, when they have interviewed survivors who have talked about it, Israeli police have admitted it and even the IDF issued a statement to Israeli press saying it would not be ‘morally sound’ to investigate the ‘immense and complex’ deaths its troops, tankers and pilots had caused on that day.
But now a new article in Israeli paper Haaretz – including quotes from a similar article by Yediot Aharonot, a more right-wing paper than Haaretz – discusses the ‘friendly fire’ attacks by Israeli tank fire and helicopter missiles as established fact with Asa Kasher, the Israeli army’s ‘ethics chief’. For example:
Kasher discussed another incident that took place on October 7, on the Israeli border with Gaza. According to an investigation conducted by the Israeli newspaper Yediot Aharonot, troops received orders to prevent hostages from being taken into Gaza by force, if necessary.
Around 12:00 P.M. on October 7, IDF helicopters strafed cars attempting to cross the border.
The burned cars and incinerated bodies were caused, according to experts, by US-made ‘Hellfire’ rockets fired by Israeli helicopters. A number of Israeli civilians – including children – were similarly killed by tank shells deliberately fired into kibbutz homes. Kasher discussed those with Haaretz too and the paper noted:
According to [survivor Yasmin] Porat, after she was released by a Hamas terrorist, she was questioned by the Police Special Anti-Terror Unit and told them that there were about 40 terrorists and 14 civilian hostages still in the house. Dagan was among the hostages inside the house, where she says an Israeli tank fired two shells at it. She was the only Israeli to survive, and she has confirmed Porat’s account.
Kasher is no ‘bleeding heart liberal’ eager to criticise Israel’s genocidal military. On the contrary, he is a right-winger who has openly valued Israeli lives above those of Palestinian civilians – in 2006 Asher wrote that Israeli troops must never be put at risk to protect Arab civilians, summarised by Haaretz:
Professor Asa Kasher, who compiled the IDF’s Code of Ethics, said that the restraint exercised by Israel to save civilian lives when bombing a terrorist apartment was a “mistake” that cost more Israeli lives later…
Kasher said it was inconceivable to let people be killed in Israel because the only way to prevent it involved killing dozens of Palestinians. “It is unacceptable to let people get killed here even if the number of people killed there is expected to be bigger,” he said.
Kasher considered the idea of Israeli soldiers deliberately firing at Israeli civilians ‘horrifying’, saying:
How is it possible that a high ranking army official would give a command that so immediately and definitely endangers the life of so many civilians? It’s just horrifying.”
But Kasher doesn’t for a moment deny or doubt that it happened.
As journalist Jonathan Cook has pointed out, despite the open discussion of the mass ‘friendly fire’ deaths on the day of the Hamas raid, the UK media continues to discuss the deaths as if they were all caused by Hamas. In an email article to subscribers, Cook writes:
So how is it possible that the BBC and the rest of the western media keep revisiting the horrors of October 7 but never to raise these issues , even though they have been so prominent in the Israeli public space for many weeks?
The only possible answer is that western media outlets are consciously censoring this story because it directly conflicts with the West’s ideological and strategic agenda. It raises disturbing questions about western complicity in genocide.
Once again, the establishment media’s unwillingness to report the real story starkly gives the lie to their claim to be ‘free and fearless’. In truth, they are there to uphold a narrative of western moral and civilisational superiority. They are there to justify the West’s wars – and the war industry and resource-grab portfolios that our economies, and the media corporations themselves, are so heavily invested in.
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Video: Irish MEP Daly hammers ‘Butcher Biden’, ‘Frau Genocide’ von der Leyen over Gaza complicity
One of a number of outstanding Irish MEPs, Clare Daly tells Biden to take the name of Ireland out of his mouth
Clare Daly, an outspoken and courageous left-wing Irish MEP, has an outstanding track record of taking the right side of global issues – and she has let US president Joe Biden and European Commission president Ursula von der Leyen have both truth-barrels for their complicity in Israel’s genocide and array of other war crimes against the innocent Palestinian civilians of Gaza.
Publishing the clip of her speech at the European Parliament, Daly said:
As Israel loses in the court of public opinion, we see desperate attempts to widen the conflict. All with the blessing and material support of the Butcher Biden, a US President who claims Irish descent. Keep our country out of your mouth, @JoeBiden. Your ancestors disown you.
As well as arming and funding Israel’s genocide of Palestinians, Biden has eagerly amplified the Israeli regime’s lies about the events of 7 October to help it ‘justify’ the slaughter and maiming of tens of thousands upon tens of thousands of civilians.
And von der Leyen has sided with Israel shamelessly, despite saying Russia was committing a war crime by cutting off electricity and water in Ukraine – a situation far less grim that the one created by Israel doing the same and worse to Gazans.
Oh for politicians of Daly’s calibre in the UK Parliament, to actually provide the opposition that is conspicuous by its absence with warmongering friend of apartheid Keir Starmer masquerading as ‘Labour’ leader.
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