Analysis of the ICJ Decision in South Africa v. Israel

"One thing has been made clear on the world stage: There is vastly documented evidence that Israel is committing genocide against Palestinians," said the U.S. Campaign for Palestinian Rights.

I have watched and listened to several discussions regarding the ICJ’s decision in the matter of South Africa v. Israel and recommend the following analyses.

Max Blumenthal and Aaron Maté engaged in a very good discussion with lawyer, Craig Mokhiber who was the former director of the New York office of the UN's High Commission of Human Rights until he made his very public resignation last Autumn.

Mr. Mokhiber resigned over the UN’s failure to address the brutal genocide in Gaza and Israel's apartheid policies against Palestinians. The 53 second video clip below from his interview with Al Jazeera from November 2nd, 2023 speaks volumes.

In the following video, Craig Mokhiber joins the Grayzone's Aaron Maté and Max Blumenthal in an engaging discussion of the ICJ's landmark ruling ordering Israel to prevent genocide by its forces in the besieged Gaza Strip.

I also recommend listening to the discussion Norman Finkelstein and Craig Mokhiber had with Katie Helper regarding the International Court of Justice's ruling and what it really means.

One of the many important aspects of the dire situation in Gaza for Palestinians which was discussed is Israel’s direct interference with, targeting of UNHRA which prevents the delivery of critical food, water, energy and other supplies necessary for life to the Palestinian refugees doing all they can to survive in tents in their homeland.

I too was surprised, pleasantly so, that the current President of the court, Joan Donoghue whom Craig Murray described as “a US State Department hack” who was supported by Hilary Clinton when she was recommended to the ICJ during the Obama administration, actually voted in favour of South Africa’s very strong case.

Given that her tenure as President of the ICJ ends on February 5th, perhaps she decided to vote for what was right rather than in accordance with the diktats of her political handlers. Whatever the reasons why, Joan Donahue did the right thing.

To conclude this blog I will quote Jake johnson who summarised this historic decision so well writing for Common Dreams.

The International Court of Justice ruled Friday that South Africa's genocide case is plausible and ordered Israel to "take all measures within its power" to uphold its obligations under Article II of the Genocide Convention.

The court also ordered the Israeli government to ensure its military does not commit violations of the convention in Gaza, punish those who incite genocide, immediately provide basic services and humanitarian assistance to Gazans, prevent the destruction of evidence that could show violations of international law, and submit a report to the ICJ on all steps it takes to implement the above measures.

The ICJ did not grant South Africa's request for a cease-fire.

While a final determination from the court on whether Israel is guilty of genocide in Gaza could be years away, Friday's ruling from the United Nations' highest court was seen as a huge blow to the Israeli government and its top arms supplier, the United States, which called South Africa's case "meritless."

"This ruling from the ICJ is a massive legal defeat for Israel and its premiere defenders, the U.S. and Germany," The Intercept's Jeremy Scahill wrote Friday. "The question now is enforceability and whether the U.S. will openly trample international law in an effort to continue aiding Israeli crimes against Palestinians."

As she read the court's interim decision, ICJ President Joan Donoghue cited testimony from United Nations officials and others on the appalling conditions on the ground in the Gaza Strip, where most of the population is displaced, starving, and struggling to survive Israel's relentless aerial and ground assault.

Donoghue said the court deemed the threat of "irreparable harm" to Gazans real and concluded that emergency measures were necessary to protect the Palestinian population from genocide.

"This is a crucial moment in history to finally holding Israel accountable," the U.S. Campaign for Palestinian Rights said in response to the decision. "One thing has been made clear on the world stage: There is vastly documented evidence that Israel is committing genocide against Palestinians."

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