The ICJ Could Not Order A General Ceasefire. It Ordered Israel To Cease Fire
and a grave apology.
This article’s title repeats that of an article title by b. of Moon Of Alamaba. (See sources).
Published: 2024-01-28
Here in the UK, the Genocide Convention is incorporated into domestic legislation, specifically in the International Court Act of 2001. Complicity in genocide is an offense here. So, if the ICJ rules that this is a genocide, ultimately, those who are shipping weapons to Israel, those who are organizing surveillance flights, who assist Israel in bombing Gaza, those who are passing intelligence to Israel and the senior politicians who authorized all of that, they're all potentially at risk of criminal charges, domestic charges, for complicity in genocide. And I'm quite sure that will be the case in quite a number of countries. So, I do think this has the potential to affect behaviour of states.
Craig Murray, former UK ambassador, from the most recent Judging Freedom show (see sources)
ICJ Judgment
It may be the case that to produce the unity, 17-0, 16-1 and 15-2 (twice) the ICJ's ruling carried, that an explicit order to the state of Israel of a general cessation of attacks could not be included in its judgments. What is obvious is that, as succinctly expressed by Bernard, for Israel to comply with the orders given it must "Cease Fire".
The evidence, devastatingly, calmly delivered by the Republic of South Africa's representatives to the court could not be ignored by the world which witnessed the presentation. For the court to have ignored its palpable truth would have risked devastation being calmly delivered on the court by the world's witnesses.
The court's very existence, and that of the UN itself, was on trial.
The 17-0 judgment, which included Israel's Judge, was that a case ('dispute') exists and that the court has jurisdiction to hear it. As Craig Murray observed, Israel's representative delivered two arguments to the court. One was that Hamas was complicit in the killing which was for theatrics and legally irrelevant. The other was that no dispute existed and, thus, that the court had no jurisdiction based on technical points of law, which was the only argument of substance. The ICJ unanimously rejected this.
The 16-1 judgment was that Israel shall prevent all public statements encouraging genocide and prosecute those who have already made these types of statements. Israel’s judge joined the majority opinion. The 15-2 decisions regarded the rights of Palestinians which were addressed by the provisional measures. Those measures not only included the protections of rights of 'the group' (Palestinians) but also that Israel shall preserve the records of the alleged genocide and that it shall report back to the court, within 30 days, of actions it has taken to comply with the measures.
Israel is legally, completely backed into a corner. The Western press who have been minimizing the case against Israel, will now risk even more ridicule if it continues this idiocy. The citizens of the world who have suffered the Zionist atrocities being beamed into their psyches via their mobile phones are now thoroughly justified in their righteous outrage. The Western politicians who have been supporting Israel are now risking charges of complicity. Western politicians whose bravery had abandoned them are now supported by the court’s judgments to discover their courage.
A Grave Omission
In Actively Complying with the Genocide Convention, of 2023-11-27, this newsletter stated "There are 2 nations which are doing even more than severing diplomatic relations" in actively opposing the genocide, and then named them as Yemen, as represented by Anṣār Allāh, and Lebanon, as represented by Hezbollah.
As the author of that article and editor of this publication I issue a contrite apology for a grave omission.
There is a third political party with an armed wing, representing a nation, which is and has actively, quoting the Genocide Convention "undertak[en] to prevent and to punish" the crime of genocide. This party was then and is still actively preventing and punishing this crime to its utmost ability with the support of the entire nation.
I issue my contrite apology, representing the state of Palestine, to:
Hamas
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Sources
The ICJ Could Not Order A General Ceasefire. It Ordered Israel To Cease Fire., b., Moon of Alabama, 2024-01-26
It May be Genocide, But it Won't Be Stopped, Chris Hedges, ScheerPost, 2024-01-26
Actively Complying with the Genocide Convention, YesXorNo, 2023-11-27
WATCH: CN Live! — ICJ Rules on Israel, Craig Murrray, Alexander Mercouris, Ray McGovern and Francis Boyle, Consortium News, 2024-01-27
Craig Murray (Former British Ambassador): Analysis of ICJ Ruling, Napolitano interviews Murray, Judging Freedom, 2024-01-27
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