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The ICJ Could Not Order A General Ceasefire. It Ordered Israel To Cease Fire.
The responses by U.S. main stream media to the ICJ judgment on Israel are moronic.
Neither of these headlines is completely true nor do they reflect the court’s order:
No legal scholar expected the International Court of Justice to order a general ceasefire.
The court could not order a general ceasefire because its jurisdiction covers only one of the waring parties. An order for a general ceasefire would require that all parties of a conflict are nation states and have signed the Genocide Convention. Hamas however is not a state and is not a signatory of the Genocide Convention and thus not under the ICJ’s jurisdiction.
So the court did indeed not order a ceasefire.
It could not.
But the court ordered Israel to cease fire.
Point 85/86 of the court’s order says:
85. The Court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law. It is gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release.
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:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group; …
The court clearly orders Israel to take all(!) measure to prevent the killing or wounding of Palestinians.
In short: The court orders Israel to cease fire.
All of it. Now.
The mainstream media try to obfuscate that order with a reference to a general ceasefire which would have to include an order to all parties of the conflict.
That three of the leading media are using similar headlines and a similar obfuscation of the actual judgment points to a concerted propaganda campaign well prepared in advance of the today’s order.
“had opined that the Court could not call for a ceasefire since it could not bind Hamas to comply”
Posted by: Aleph_Null | Jan 26 2024 20:52 utc | 46
We need to stay positive and make the best of what ICJ has ordered by using it to pressure politicians of Israel’s allies. That is the real significance.
“Ceasefire” is misleading. South Africa had asked for a STOP to all military operations. There is no question that at least ordering a stop is better than not ordering it. (Hamas for its part had announced yesterday it would also stop military ops if Israel did). Also RSA asked for Israel to report within ONE WEEK. The ICJ has given Israel a FREAKING MONTH.
The ICJ has in the past ordered a country (Russia) to stop all military ops.
The specific measures requested by RSA covered what ICJ has ordered but with much more specific and stronger language. This is what RSA requested.
(1) The State of Israel shall immediately suspend its military operations in and against Gaza.
(2) The State of Israel shall ensure that any military or irregular armed units which may be
directed, supported or influenced by it, as well as any organisations and persons which may be
subject to its control, direction or influence, take no steps in furtherance of the military
operations referred to point (1) above.
(3) The Republic of South Africa and the State of Israel shall each, in accordance with their
obligations under the Convention on the Prevention and Punishment of the Crime of Genocide,
in relation to the Palestinian people, take all reasonable measures within their power to prevent
genocide.
(4) 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 the Palestinian people as a
group protected by the Convention on the Prevention and Punishment of the Crime of
Genocide, desist from the commission of any and all acts within the scope of Article II of the
Convention, in particular:
(a) killing members of the group;
(b) causing serious bodily or mental harm to the 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.
(5) The State of Israel shall, pursuant to point (4)(c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:
(a) the expulsion and forced displacement from their homes;
(b) the deprivation of:
(i) access to adequate food and water;
(ii) access to humanitarian assistance, including access to adequate fuel, shelter,
clothes, hygiene and sanitation;
(iii) medical supplies and assistance; and
(c) the destruction of Palestinian life in Gaza.
(6) The State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals which may be directed, supported or otherwise influenced
by it and any organizations and persons which may be subject to its control, direction or
influence, do not commit any acts described in (4) and (5) above, or engage in direct and public
incitement to commit genocide, conspiracy to commit genocide, attempt to commit genocide,
or complicity in genocide, and insofar as they do engage therein, that steps are taken towards
their punishment pursuant to Articles I, II, III and IV of the Convention on the Prevention and
Punishment of the Crime of Genocide.
(7) 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 of the
Convention on the Prevention and Punishment of the Crime of Genocide; to that end, the State
of Israel shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence.
(8) The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one week, as from the date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court.
(9) The State of Israel shall refrain from any action and shall ensure that no action is taken
which might aggravate or extend the dispute before the Court or make it more difficult to
resolve.
Posted by: pq | Jan 26 2024 21:13 utc | 54
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