There is some nuance that needs to be understood in order to appreciate the historic ruling of the ICJ
1) they cannot call it a genocide out loud right now. This was a preliminary hearing to ensure South Africa had the basis to bring the case to trial. The ICJ agrees the evidence suggests genocide and the case will proceed.
2) they cannot call for a ceasefire. For multiple reasons. A) A ceasefire is terminology for war. Their language indicates they know that this is a genocide but again, they cannot legally declare that before trial. So they can instead say they can’t kill or injure members of the group. B) Palestine doesn’t fall under their jurisdiction so they can’t call for a ceasefire, which indicates both sides need to stop. They have no authority over Palestine.
3)the EU has already announced its dedication to upholding the ruling. This is just the beginning. Any countries that violate, including Israel, can and will escalate this to higher courts.
Is this a perfect resolution? No. But it’s a major win and pretending otherwise is a slap in the face to Palestinians. Morale is so important for movements. Not just for the Palestinians, but to keep people fighting the good fight.
Do not be defeated.
“Remember that all through history, there have been tyrants and murderers, and for a time, they seem invincible. But in the end, they always fall. Always.” - Gandhi
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I know the ICJ ruling sounds underwhelming, and there are aspects that are less than what we hoped, but we cannot downplay the significance of what happened.
The ICJ ruled that what Israel is doing is wrong. And that continuing to do it is signs of genocide. This will not stop Israel from doing it, but when they continue to do it, and others continue to fund them, then they all will be hit for it.
What is crucial now is not relying on the ICJ for action, but recognizing that failure to stop this IS what the ICJ will go after. So now is the time to ramp up the work, pressuring politicians, blocking weapons. Anyone who supports Israel’s crimes is now legally complicit.
Make them feel it.
It has already started:
Below is the order from the ICJ hearing
[Emphasis mine]
86. For these reasons,
THE COURT,
Indicates the following provisional measures: (1) By fifteen votes to two,
The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:
(b) causing serious bodily or mental harm to members of the group;
(a) killing members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group;
IN FAVOUR: PresidentDonoghue; Vice-President Gevorgian; JudgesTomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(2) By fifteen votes to two,
The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;
IN FAVOUR: PresidentDonoghue; Vice-President Gevorgian; JudgesTomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(3) By sixteen votes to one,
The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;
IN FAVOUR: PresidentDonoghue; Vice-President Gevorgian; JudgesTomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
(4) By sixteen votes to one,
The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip;
IN FAVOUR: PresidentDonoghue; Vice-President Gevorgian; JudgesTomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
(5) By fifteen votes to two,
The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip;
IN FAVOUR: PresidentDonoghue; Vice-President Gevorgian; JudgesTomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(6) By fifteen votes to two,
The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.
IN FAVOUR: PresidentDonoghue; Vice-President Gevorgian; JudgesTomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak.
Source
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