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ICJ Ruling on Israel Crimes “Poses the Greatest Political Dilemma for the Biden Presidency”

“I only hope that Biden will, on this occasion, stand up for justice.”

SCHEERPOST, By Phyllis Bennis / In These Times, 28 Jan 24

Friday morning’s much-anticipated decision by the International Court of Justice ​“marks the greatest moment in the history of the [court],” says Richard Falk, a noted international law professor and former United Nations Special Rapporteur on Human Rights in the Occupied Palestinian Territory.

“The decision is a momentous one,” says the foreign ministry, noting how important the determination is for the implementation of the international rule of law. “South Africa thanks the Court for its swift ruling.”

“It strengthens the claims of international law to be respected by all sovereign states — not just some,” Falk says about the ICJ’s ruling that South Africa’s magisterial presentation of evidence ​“was sufficient to conclude” Israel may be committing, conspiring to commit, or publicly inciting the commission of genocide against Palestinians in Gaza.

The ICJ decision gave new strength to South Africa’s groundbreaking accomplishment — demolishing the taboo against holding Israel accountable for its crimes. As South Africa’s foreign ministry put it, ​“Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.”

“The decision is a momentous one,” says the foreign ministry, noting how important the determination is for the implementation of the international rule of law. ​“South Africa thanks the Court for its swift ruling.”

Friday’s decision was a significant victory beyond what most observers hoped for — not only the recognition that Israel’s actions are plausibly genocidal, but because of the imposition of provisional measures based on measures South Africa requested in order to stop Israel’s actions that are continuing to kill and put Palestinians at risk. 

The ruling was also particularly important because of the overwhelming majority of judges who supported it, including the sole U.S. judge on the court. When the president of the court, Judge Joan Donoghue, who was a longtime State Department lawyer before being elected to the ICJ, read out the provisional measures, she included the line-up of how judges voted on each one. And she was among the 15 or 16 out of 17 judges who supported every one. 

It should not have been a surprise that this preliminary finding recognized that Israel’s war against the entire population of Gaza may well constitute genocide……………………………………………………………

This decision fundamentally, even if preliminary, provides a vital new tool for mobilization and campaigns to force governments to escalate their pressure to stop Israel’s genocide. It’s a tool in the campaigns for cease-fire now underway around the world. In the United States it will likely be a persuasive tool for congresspeople, city councils, universities and other institutions — as well as the Biden administration — to support a cease-fire. Because now it’s not only a question of moral obligation to stop the slaughter of tens of thousands of innocents, it’s also about abiding by the requirements of international law. And for some people, that may make all the difference. 

With this new tool in hand, a U.S. shift towards supporting — and demanding — a cease-fire may be possible much sooner.  https://scheerpost.com/2024/01/28/icj-ruling-on-israel-crimes-poses-the-greatest-political-dilemma-for-the-biden-presidency/

January 29, 2024 - Posted by Christina Macpherson | Legal, politics, USA