January 11, 2024
Today South Africa argued in front of the International Court of Justice to accept its APPLICATION INSTITUTING PROCEEDINGS against Israel.
It is seeking a preliminary injunction that would largely consist of a formal seize-and-desist letter from the court to Israel.
Israel would thereby be formally prohibited from continuing its murderous campaign in Gaza. However, the court commands no divisions, navy or air force that could make Israel do so.
The team from South Africa was joined by a lawyer for Ireland.
Tomorrow Israel will argue its case. It has, to my knowledge, not published a written argument.
I do not know how long it will take the court to decide. But there are several precedences in which the court issued preliminary injunctions even in weaker cases. The evidence South Africa presented in its application is clear for anyone to see. There are also the dozens of statements from Israeli officials documented in it which demonstrate genocidal intent.
Next to the application South Africa also argued that Israel, as the recognized occupying power of Gaza and the West Bank, can not claim a right of self defense. An occupying power has the duty to take care of the population under its power. It can not wage a war against it.
Only after accepting South Africa's application will the court start formal proceeding to find if Israel is guilty of the crime of genocide. Such proceedings can take years. That is why the power of a preliminary injunction is necessary to stop the killing.
In other news the genocide proceedings and/or the Biden administration seem to have finally pressed Netanyahoo into a concession:
Netanyahu: Let me be clear — Israel has no intention of displacing Gaza’s population - Times of Israel
Prime Minister Benjamin Netanyahu said Wednesday night Israel “has no intention of permanently occupying Gaza or displacing its civilian population,” rebuffing hard-right ministers’ calls to rebuild Israeli settlements in the territory and encourage Palestinian emigration.The premier’s English-language video posted to social media came on the eve of the International Court of Justice in The Hague hearing a highly charged case accusing Israel of genocide in Gaza.
“I want to make a few points absolutely clear,” Netanyahu said. “Israel has no intention of permanently occupying Gaza or displacing its civilian population. Israel is fighting Hamas terrorists, not the Palestinian population, and we are doing so in full compliance with international law.
“Our goal is to rid Gaza of Hamas terrorists and free our hostages. Once this is achieved, Gaza can be demilitarized and deradicalized, thereby creating a possibility for a better future for Israel and Palestinians alike.”
That the speech was published in English but, seemingly, not in Hebrew, makes it likely that Netanyahoo buckled under outer pressure.
He will likely say different things when he speaks in Hebrew:
At the same time, a senior Likud member insisted Wednesday that Netanyahu had previously expressed support for the idea of the voluntary resettlement of Palestinians outside Gaza, but took it off the table in the face of pushback from the US.“The prime minister told me two weeks ago in this room that it’s a good idea,” MK Danny Danon told The Times of Israel, seemingly confirming an earlier report that the prime minister had informed a Likud faction meeting that he was working to facilitate voluntary migration.
The Biden administration claims to have won this concession:
During a press conference in Tel Aviv on Tuesday, Blinken told reporters that Palestinian civilians “must not be pressed to leave Gaza,” adding that Netanyahu “reaffirmed to me today that this is not the policy of Israel’s government.”
Note that in October the U.S. had argued for the 'voluntary' movement of Gazans to Egypt:
As Israel gears up for a possible ground invasion of Gaza following the devastating terror attacks by Hamas, the U.S. is pushing for a safe passage for civilians to flee.The Biden administration is in active discussions about the issue with Israel and Egypt, White House spokesperson John Kirby said on Wednesday, though no breakthrough has been reached on a humanitarian corridor or other action.
When Blinken says that Palestinians "must not be pressed to leave Gaza" he does not exclude a 'voluntary' movement.
Most likely Netanyahoo, as well as the Biden administration, will seek to reach their original aims under different labels.
Posted by b on January 11, 2024 at 14:27 UTC | Permalink