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An international law expert explains why South Africa’s case at the ICJ is so important

A ruling by the International Court of Justice in favor of South Africa, which has accused Israel of genocide, could mean saving thousands of lives in Gaza. The alternative, however, could be devastating and further embolden Israeli violence.

BY YUMNA PATEL    https://mondoweiss.net/2024/01/an-international-law-expert-explains-why-south-africas-case-at-the-icj-is-so-important/?fbclid=IwAR0_La2MT5GTGkKo2X56cAEa15B-SPBIOwKnMKznqzCczU0XVSIz_BlNrBE

South Africa and Israel will be appearing before the International Court of Justice, on Thursday, January 11, where the court will begin hearing arguments on whether Israel is committing the crime of Genocide.

The highly anticipated public hearings, which will last for two days, are based on an 84-page appeal submitted by South Africa in December to the ICJ, the top judicial body of the United Nations. In the appeal, South Africa argues that Israel’s military campaign in Gaza is “genocidal in character” and that through both action and intent to commit genocide, Israel has violated the 1948 Genocide Convention.

Both Israel and South Africa are parties to the convention, which came into being on the heels of World War II and the Holocaust. All signatories of the treaty are obligated not to commit genocide, to ensure that it is prevented, and to seek that the crime be prosecuted. 

South Africa’s appeal to the ICJ, however, is not just about charging Israel with the crime of genocide – a lengthy process that could take the court months or years. It’s also seeking a more immediate solution by requesting the court institute provisional measures to immediately halt Israel’s military campaign in Gaza.

Essentially, South Africa wants two things: to stop the mass killing of Palestinians in Gaza now and for Israel to be charged with the crime of genocide in the long term. A condensed breakdown and explanation of the 84-page brief can be found here.

Expectedly, Israel has outright denied any accusations of genocide, lambasting the South African appeal as antisemtic “blood libel”. The U.S. has also rebuked South Africa’s appeal, called it “meritless” and “completely without any basis in fact.”

Nevertheless, Israel is pressing forward, sending a carefully crafted legal team to The Hague in the Netherlands to defend Israel’s position that it is not committing genocide in Gaza. 

The much-talked about public proceedings, which will take place over the course of two days on Thursday and Friday, January 11th and 12th, are being welcomed by both Palestinians, as well as a number of countries around the world, who have thus far failed to bring about a ceasefire, primarily due to the U.S. veto of UN resolutions calling for a halt to the violence. 

Despite the international buzz and anticipation, many in Palestine and around the world remain skeptical as to how much weight an ICJ ruling against Israel could hold due to a long history of Israeli impunity on the global stage and Israel’s well-documented disregard for international law and human rights norms. 

Still, many Palestinian international law experts and human rights groups say the ICJ proceedings are significant and could hold serious consequences not only for Israel and Palestine but for the world.

Among them is Dr. Munir Nuseibah, a Palestinian professor of International law at Al-Quds University and the Director of the Al-Quds Human Rights Clinic. Mondoweiss spoke to Dr. Nuseibah about the significance of this case, why people should pay attention to it, and what implications it holds. 

Why does this case matter?

The case filed by South Africa is important for a number of reasons. First, Dr. Nuseibah notes, the fact that it was filed at the ICJ in and of itself is significant, being that the court is the highest judicial body that settles disputes between states. 

“This is quite significant because it’s… based on an agreement, or treaty that is binding to both South Africa and Israel,” he said, referring to the 1948 Genocide Convention. 

“This is important in the history of the Palestinian cause, since we haven’t had an opportunity to get a binding international decision on any of the important questions that we have been dealing with, including for example, the issue of the Palestinian refugees, the [Israeli] occupation, etc,” Dr. Nuseibah continued.

The last time the ICJ made a decision in relation to Palestine was a 2004 advisory opinion that found Israel’s separation wall, which at that stage was still early on in its construction, violated international law and should be torn down.

However, because that decision was a non-binding advisory opinion, Israel was not obligated to stop construction or take down the wall. Instead, Israel continued constructing the wall, which today spans across hundreds of kilometers, cutting off Palestinians from their land and swallowing up swaths of Palestinian territory. 

This case, Dr. Nuseibah says, would be different, as the resulting decision from this week’s proceedings would be binding, and if the court rules in favor of South Africa, it would mean that under international law, Israel would be obligated to end its military campaign in Gaza in the short term, and in the long term, potentially provide material reparations to the victims of its genocide. 

The case is also significant as a symbolic measure as well. That, in the face of an ongoing genocide, which has been well documented by Palestinians and international human rights organizations alike, the world must intervene to stop it. 

“If there is no serious intervention, and if the United Nations, the world, and what we call the international community is going to continue to be silenced and made inactive, and in a certain way deactivated and demobilized, this horror will continue,” Dr. Nusaibah said, not just in Palestine but around the world.  

“To not only be accused of genocide, but to be charged by the court, and to be seen as a country guilty of genocide is very important,” he said. “In my opinion, everything that happens in the International Court of Justice now, is likely to influence thousands of lives in the future. 

So whatever these judges will decide will actually be a question of life and death for many, many Palestinians.”

What will South Africa be arguing on Thursday?

The crux of South Africa’s argument is that Israel is committing genocide in Gaza and that it is violating its obligations under the 1948 Convention on the Prevention and Punishment of Genocide, which defines the crime as “acts intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group.” 

South Africa’s argument hinges on proving that Israel is not only committing acts of genocide in Gaza but that there is a clear intent on Israel’s part to commit genocide – the latter being a significant focus of the 84-page brief, which listed off an array of quotes from Israeli politicians, officials, and public figures using genocidal language when speaking about Israel’s campaign in Gaza. 

“[South Africa’s] first argument will involve the speeches and quotes basically from Israeli officials who have been using genocidal language from the very first day actually, from October 7th,” Dr. Nuseibah said. 

“In criminal law it’s not enough to do something, but you have to intend to do something. And one of the signs of intent, are the things you say. So these quotes from Israeli officials will be used to show that Israel has been calling for genocide,” he continued. 

And, of course, South Africa will be providing evidence of what it says are clear genocidal acts carried out by Israel in Gaza, such as “bombing civilians, heavily targeting homes, targeting hospitals, targeting cultural centers, targeting universities, schools, etc,” Dr. Nuseibah detailed. 

“So all of these targets that the Israeli army has destroyed over the past months, and of course the civilian casualties, the human beings who have been murdered or injured or made disabled, [Israel] using hunger as a weapon, etc. – all of that will be a very important part of the facts South Africa will present,” he said, adding that the denial of fuel and electricity, the siege on 2 million civilians, and the forcible displacement of Palestinians in Gaza is also “an important element of genocide and especially in this case.”

What will Israel’s legal defense look like?

While there are 84 pages to give us an insight into South Africa’s case, it’s not as apparent what exactly Israel’s defense will consist of.

If the past few months have been any indication, however, during which Israel has denied any wrongdoing in Gaza, justified it as self-defense, and has actually accused Hamas of genocide for its October 7th attack – some assumptions can be made as to how Israel will approach it’s defense.

First, Israel’s primary strategy, Dr. Nuseibah says, will be to “deny, deny, deny.”

“Israel will deny everything that South Africa claims,” Dr. Nuseibah said. “It will deny that it has starved people, or that it is trying to starve people. It will deny that it is not allowing humanitarian aid into Gaza, by showing examples where it actually did allow some trucks to enter,” he continued, noting that what little humanitarian aid has been allowed into Gaza has been critically insufficient to address the needs of the more than 2 million people trapped in the strip. 

“It [Israel] will talk about any attempts they made in any of their operations to ‘reduce civilian casualties’, whether by warning civilians in certain places,” Dr. Nuseibah said, referring to Israel’s practice of dropping leaflets to notify civilians that their area is going to be attacked, or by providing QR codes and maps of “safe zones” and “combat zones” in Gaza – all practices that have been widely criticized both as insufficient to save civilian lives, and as a PR move by Israel to save face in front of the international community. 

At the time of publication, 96 days after Israel began its bombardment on Gaza, more than 23,000 Palestinians have been killed, the vast majority of them civilians. 

“So, Israel’s strategy will be to deny everything, because there is nothing else they can do or say,” Dr. Nuseibah said. “It is a longtime strategy and practice of Israel that we are used to. Israel always denies its crimes. Even until today, Israel denies the Nakba, that is the official position of Israel, to deny it.”

While Israel has focused much of its propaganda campaign on accusing Hamas, and supporters of the Palestinian cause in general, of carrying out or advocating for the genocide of Israelis and Jewish people, Dr. Nuseibah said he doubts that will be a feature of Israel’s arguments at the ICJ. 

“I doubt that they will do this or bring this up, because if they do, then they would have to present evidence. They would have to allow an open investigation into what happened on October 7th,” Dr. Nuseibah said, noting that Israel has historically prevented access to independent investigators seeking to probe potential crimes committed in the occupied Palestinian territory. 

How will this impact Palestinian lives right now?

While the deliberations on whether Israel is guilty of genocide in Gaza or not could take years, South Africa’s case is expected to yield a much more immediate and time-sensitive result. 

As part of its appeal to the court, South Africa is seeking an emergency interim decision by the court, or “provisional measures,” to order the Israeli military to cease its campaign in Gaza immediately, stop the displacement of Palestinians, and allow for the entry of adequate humanitarian aid into Gaza. The court could make that decision in as little as a few days or weeks. 

These provisional measures, Dr. Nuseibah says, are some of the most critical elements to the case and have the biggest potential to change the course of the unfolding genocide in Gaza.

“This is very time sensitive. Every day that we lose, we are losing more lives. We are losing more casualties. There are more homes that are demolished. There are more days that children are not going to school,” he continued.”There is a lot of loss every single day of civilian life, and there is no human being in Gaza who is not heavily influenced by what is happening.”

“All of the provisional requests that South Africa has made are there to save lives immediately. And I do expect that the court will take these measures. History has shown that the ICJ has given these provisional measures in similar situations, even with less casualties and less risk,” Dr. Nuseibah said. 

“So I do expect that the court will decide provisional measures, which would mean a ceasefire, which is the most important thing right now, as well as stopping the displacement, allowing for the entry of aid, and stopping the continuous demolition of Gaza.”

Israel has ignored international law before, what will be different this time?

Continue reading →

January 14, 2024 Posted by | Israel, Legal, South Africa | 1 Comment

‘The Evidence of Genocide Is Not Only Chilling, It Is Also Overwhelming and Incontrovertible’. Quotes from International Court of Justice

by SCHEERPOST staff,   https://scheerpost.com/2024/01/12/the-evidence-of-genocide-is-not-only-chilling-it-is-also-overwhelming-and-incontrovertible/

The World Court will hear the case on Jan. 11 and 12 at The Hague.

Notable quotes from Jan. 11 hearing

From South African attorney Tembeka Ngcukaitobi:

“There is an extraordinary feature in this case: that Israel’s political leaders, military commanders, and persons holding official positions have systematically and in explicit terms declared their genocidal intent… And these statements are then repeated by soldiers on the ground in Gaza as they engage in the destruction of Palestinians and the physical infrastructure of Gaza.”

“What state would admit to a genocidal intent? Yet the distinctive feature of this case has not been the silence as such but the reiteration and repetition of genocidal speech throughout every sphere of state in Israel.”

“We remind the court of the identity and authority of the genocidal inciters: the prime minister, the president the minister of defense, the minister of national security, the minister of energy and infrastructure, members of the Knesset, senior army officials, and foot soldiers… The evidence of genocidal intent is not only chilling, it is also overwhelming and incontrovertible.”

“Israel has subjected Gaza to what has been described as one of the heaviest conventional bombing campaigns in the history of modern warfare. Palestinians in Gaza are being killed by Israeli weaponry and bombs from air, land and sea. They are also at immediate risk of death by starvation, dehydration and disease as a result of the ongoing siege by Israel, the destruction of Palestinian towns, the insufficient aid being allowed through to the Palestinian population, and the impossibility of distributing this limited aid while bombs fall. This conduct renders essentials to life unobtainable.“

“…the level of Israel’s killing is so extensive that nowhere is safe in Gaza. … Palestinians in Gaza are subjected to relentless bombing wherever they go. They are killed in their homes, in places where they seek shelter, in hospitals, in schools, in mosques, in churches, and as they try to find food and water for their families. They have been killed if they failed to evacuate. In the places to which they have fled, and even while they attempted to flee along, Israeli declared safe routes.”

“Israel has killed an unparalleled and unprecedented number of civilians with the full knowledge of how many civilian lives each bomb will take.“

January 14, 2024 Posted by | Israel, Legal, Religion and ethics | Leave a comment

Futile and Dangerous: Bombing Yemen in the Name of Shipping

Another feature of the strikes is the absence of a Security Council resolution from the United Nations, technically the sole body in the international system able to authorise the use of force under the UN Charter. A White House statement on January 11 attributes authority to the strikes much the same way the administration of George W. Bush did in justifying the warrantless, and illegal invasion of Iraq in March 2003. (Ditto those on his same, limited bandwidth, Tony Blair of the UK and John Howard of Australia.)

January 13, 2024,  by: Dr Binoy Kampmark,  https://theaimn.com/futile-and-dangerous-bombing-yemen-in-the-name-of-shipping/#

What a show. As US Secretary of State Antony Blinken was promoting a message of calm restraint and firm control in limiting the toxic fallout of Israel’s horrific campaign in Gaza, a decision was made by his government, the United Kingdom and a few other reticent collaborators to strike targets in Yemen, including the capital Sana’a. These were done, purportedly, as retribution for attacks on international commercial shipping in the Red Sea by the Iran-backed Houthi rebels.

The wording in a White House media release mentions the operation’s purpose and the relevant participants. “In response to continued illegal, dangerous, and destabilizing Houthi attacks against vessels, including commercial shipping, transiting the Red Sea, the armed forces of the United States and the United Kingdom, with support from the Netherlands, Canada, Bahrain, and Australia, conducted joint strikes in accordance with the inherent right of individual and collective self-defense.”

US Air Forces Central Command further revealed that the “multinational action targeted radar systems, defense systems, and storage and launch sites for one way attack unmanned aerial systems, cruise missiles, and ballistic missiles.”

The rationale by the Houthis is that they are targeting shipping with a direct or ancillary Israeli connection, hoping to niggle them over the barbarities taking place in Gaza. As the Israeli Defence Forces are getting away with, quite literally, bloody murder, the task has fallen to other forces to draw attention to that fact. Houthi spokesperson Mohammed Abdusalam’s post was adamant that “there was no threat to international navigation in the Red and Arabian Seas, and the targeting was and will continue to affect Israeli ships or those heading to the ports of occupied Palestine.”

But that narrative has been less attractive to the supposedly law-minded types in Washington and London, always mindful that commerce trumps all. Preference has been given to such shibboleths as freedom of navigation, the interests of international shipping, all code for the protection of large shipping interests. No mention is made of the justification advanced by the Houthi rebels and the Palestinian plight, a topic currently featuring before the International Court of Justice in the Hague.

Another feature of the strikes is the absence of a Security Council resolution from the United Nations, technically the sole body in the international system able to authorise the use of force under the UN Charter. A White House statement on January 11 attributes authority to the strikes much the same way the administration of George W. Bush did in justifying the warrantless, and illegal invasion of Iraq in March 2003. (Ditto those on his same, limited bandwidth, Tony Blair of the UK and John Howard of Australia.) On that occasion, the disappointment and frustrations of weapons inspectors and rebukes from the UN about the conduct of Saddam Hussein, became vulnerable to hideous manipulation by the warring parties.

On this occasion, a “broad consensus as expressed by 44 countries around the world on December 19, 2023” and “the statement by the UN Security Council on December 1, 2023, condemning Houthi attacks against merchant and commercial vessels transiting the Red Sea” is meant to add ballast. Lip service is paid to the self-defence provisions of the UN Charter.

In a separate statement, Biden justified the attack on Houthi positions as necessary punishment for “unprecedented Houthi attacks against international maritime vessels in the Red Sea – including the use of anti-ship ballistic missiles for the first time in history.” He also made much of the US-led Operation Prosperity Guardian, “a coalition of more than 20 nations committed to defending international shipping and deterring Houthi attacks in the Red Sea.” No mention of the Israeli dimension here, at all.

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In addition to the pregnant questions on the legality of such strikes in international law, the attacks, at least as far as US execution was concerned, was far from satisfactory to some members of Congress. Michigan Democratic Rep. Rashita Tlaib was irked that US lawmakers had not been consulted. “The American people are tired of endless war.” Californian Rep. Barbara Lee warned that, “Violence only begets more violence. We need a ceasefire now to prevent deadly, costly, catastrophic escalation of violence in the region.”

A number of Republicans also registered their approval of the stance taken by another Californian Democrat, Rep. Ro Khanna, who expressed with certitude the view that Biden had “to come to Congress before launching a strike against the Houthis in Yemen and involving us in another middle eastern conflict.” Republican Senator Mike Lee of Utah was in full agreement, as was West Virginia Republican Rep. Thomas Massie. “Only Congress has the power to declare war,” Massie affirmed.

Unfortunately for these devotees of Article I of the US Constitution, which vests Congress approval powers for making war, the War Powers Act, passed by Congress in November 1973, merely requires the president to inform Congress within 48 hours of military action, and the termination of such action within 60 days of commencement in the absence of a formal declaration of war by Congress or authorisation of military conflict. These days, clipping the wings of the executive when it comes to engaging in conflict is nigh impossible.

There was even less of a debate about the legality or wisdom of the Yemen strikes in Australia. Scandalously, and with a good deal of cowardice, the government preferred a deafening silence for hours in the aftermath of the operation. The only source confirming that personnel of the Australian Defence Forces were involved came from Biden, the commander-in-chief of another country. There had been no airing of the possibility of such involvement. Australian Prime Minister Anthony Albanese had, in not sending a warship from the Royal Australian Navy to join Operation Prosperity Guardian, previously insisted that diplomacy might be a better course of action. Evidently, that man is up for turning at a moment’s notice.

In a brief statement made at 4.38 pm on of January 12 (there was no press conference in sight, no opportunity to inquire), Albanese declared with poor conviction that, “Australia alongside other countries has supported the United States and the United Kingdom to conduct strikes to deal with this threat to global rules and commercial shipping.” He had waited for the best part of a day to confirm it to the citizenry of his country. He had done so without consulting Parliament.

Striking the Houthis would seem, on virtually all counts, to be a signal failure. Benjamin H. Friedman of Defense Priorities sees error piled upon error: “The strikes on the Houthis will not work. They are very unlikely to stop Houthi attacks on shipping. The strikes’ probable failure will invite escalation to more violent means that may also fail.” The result: policymakers will be left “looking feckless and thus tempted to up the ante to more pointless war to solve a problem better left to diplomatic means.” Best forget any assuring notions of taking the sting out of the expanding hostilities. All roads to a widening war continue to lead to Israel.

January 14, 2024 Posted by | MIDDLE EAST, weapons and war | Leave a comment

The Case for Genocide

A ruling by the court could be years away. But South Africa is asking for provisional measures that would demand Israel cease its military assault – in essence a permanent ceasefire. This decision could come within two or three weeks.

The International Court of Justice may be all that stands between the Palestinians in Gaza and genocide.

By Chris Hedges /ScheerPost,  https://scheerpost.com/2024/01/12/chris-hedges-the-case-for-genocide/

The exhaustive 84-page brief submitted by South Africa to the International Court of Justice (ICJ) charging Israel with genocide is hard to refute. Israel’s campaign of indiscriminate killing, wholesale destruction of infrastructure, including housing, hospitals and water treatment plants, along with its use of starvation as a weapon, accompanied by genocidal rhetoric from its political and military leaders who speak of destroying Gaza and ethnically cleansing the 2.3 million Palestinians, makes a strong case against Israel for genocide. 

Israel’s smearing of South Africa as “the legal arm” of Hamas exemplifies the bankruptcy of its defense, a smear replicated by those who claim that demonstrations held to call for a ceasefire and protect Palestinian human rights are “anti-Semitic.” Israel, its genocide live streamed to the world, has no substantial counter argument.

But that does not mean the judges on the court will rule in South Africa’s favor. The pressure the U.S. will bring – Secretary of State Antony Blinken has called the South African charges “meritless” – on the judges, drawn from the member states of the U.N., will be intense. 

A ruling of genocide is a stain that Israel – which weaponizes the Holocaust to justify its brutalization of the Palestinians – would find hard to remove. It would undercut Israel’s insistence that Jews are eternal victims. It would shatter the justification for Israel’s indiscriminate killing of unarmed Palestinians and construction of the world’s largest open air prison in Gaza, along with the occupation of the West Bank and East Jerusalem. It would sweep away the immunity to criticism enjoyed by the Israel lobby and its Zionist supporters in the U.S., who have successfully equated criticisms of the “Jewish State” and support for Palestinian rights with anti-Semitism.  

Over 23,700 Palestinians, including over 10,000 children, have been killed in Gaza since Oct. 7, when Hamas and other resistance fighters breached the security barriers around Gaza. Some 1,200 people were killed – there is strong evidence that some of the victims were killed by Israeli tank crews and helicopter pilots that intentionally targeted the some 200 hostages along with their captors. Thousands more Palestinians are missing, presumed buried under the rubble. Israeli attacks have left over 60,000 Palestinians wounded and maimed, the majority of them women and children. Thousands more Palestinian civilians, including children, have been arrested, blindfolded, numbered, beaten, forced to strip to their underwear, loaded onto trucks and transported to unknown locations. 

A ruling by the court could be years away. But South Africa is asking for provisional measures that would demand Israel cease its military assault – in essence a permanent ceasefire. This decision could come within two or three weeks. It is a decision that is not based on the final ruling by the court, but on the merits of the case brought by South Africa. The court would not, by demanding Israel end its hostilities in Gaza, define the Israeli campaign in Gaza as genocide. It would confirm that there is the possibility of genocide, what the South African lawyers call acts that are “genocidal in character.” 

The case will not be determined by the documentation of specific crimes, even those defined as war crimes. It will be determined by genocidal intent – the intent to eradicate in whole or in part, a national, ethnic, racial or religious group – as defined in the Genocide Convention.

These acts collectively include the targeting of refugee camps and other densely packed civilian areas with 2,000-pound bombs, the blocking of humanitarian aid, the destruction of the health care system and its effects on children and pregnant women – the U.N. estimates there are around 50,000 pregnant women in Gaza, and that more than 160 babies are delivered every day – as well as repeated genocidal statements by leading Israeli politicians and generals. 

Prime Minister Benjamin Netanyahu equated Gaza with Amalek, a nation hostile to the Israelites in the Bible, and cited the Biblical injunction to kill every Amalek man, woman, child or animal. Defence Minister Yoav Gallant called Palestinians “human animals.” Israeli President Isaac Herzog stated, as the South African lawyers told the court, that everybody in Gaza is responsible for what happened on Oct. 7 because they voted for Hamas, although half the population in Gaza are children who are too young to vote. But even if the entire population of Gaza did vote for Hamas this does not make them a legitimate military target. They are still, under the rules of war, civilians, and entitled to protection. They are also entitled under international law to resist their occupation via armed struggle.  

The South African lawyers, who compared Israel’s crimes with those carried out by the apartheid regime in South Africa, showed the court a video of Israeli soldiers celebrating and calling for the death of Palestinians – they sang as they danced “There are no uninvolved civilians” – as evidence that genocidal intent descends from the top to the bottom of the Israeli war machine and political system. They provided the court with photos of mass graves where bodies were buried “often unidentified.” No one – including newborns – was spared, the South African lawyer Adila Hassim, Senior Counsel, explained to the court.

The South African lawyers told the court the “first genocidal act is mass killing of Palestinians in Gaza.” The second genocidal act, they stated, is the serious bodily or mental harm inflicted on Palestinians in Gaza in violation of Article 2B of the Genocide Convention. Tembeka Ngcukaitobi, another lawyer and legal scholar representing South Africa, argued that “Israel’s political leaders, military commanders and persons holding official positions have systematically and in explicit terms declared their genocidal intent.”

Lior Haiat, spokesperson for the Israeli Ministry of Foreign Affairs, called Thursday’s three hour hearing one of the “greatest shows of hypocrisy in history, compounded by a series of false and baseless claims.” He accused South Africa of seeking to allow Hamas to return to Israel to “commit war crimes.” 

Israeli jurists, in their response on Friday, called the South African charges “unfounded, “absurd” and amounting to “libel.” Israel’s legal team said it had – despite U.N. reports of widespread starvation and infectious diseases from a breakdown in sanitation and shortage of clean water – not impeded humanitarian assistance. Israel defended attacks on hospitals, calling them “Hamas command centers.” It told the court it was acting in self-defense. “The inevitable fatalities and human suffering of any conflict is not of itself a pattern of conduct that plausibly shows genocidal intent,” said Christopher Staker, a barrister for Israel.

Israeli leaders accuse Hamas with carrying out genocide, although legally if you are the victims of genocide you are not permitted to commit genocide. Hamas is also not a state. It is not, therefore, a party to the Genocide Convention. The Hague, for this reason, has no jurisdiction over the organization. Israel also claims the Palestinians are warned to evacuate areas that will come under attack and provided with “safe areas,” although as the South African lawyers documented, “safe areas” are routinely bombed by Israel with numerous civilian casualties.

Israel and the Biden administration intend to prevent any temporary injunction by the court, not because the court can force Israel to halt its military assaults, but because of the optics, which are already disastrous. The ICJ’s ruling depends on the Security Council for enforcement – which given the veto power by the U.S., renders any ruling against Israel moot. The second objective of the Biden administration is to make sure Israel is not found guilty of committing genocide. It will be unrelenting in this campaign, heavily pressuring the governments that have jurists on the court not to find Israel guilty. Russia and China, who have jurists in The Hague, are battling their own charges of genocide and may decide it is not in their interests to find Israel guilty.

The Biden administration is playing a very cynical game. It insists it is trying to halt what, by its own admission, is Israel’s indiscriminate bombing of Palestinians, while bypassing Congress to speed up the supply of weapons to Israel, including “dumb” bombs. It insists it wants the fighting in Gaza to end while it vetoes ceasefire resolutions at the U.N. It insists it upholds the rule of law while it subverts the legal mechanism that can halt the genocide.  

Cynicism pervades every word Biden and Blinken utter. This cynicism extends to us. Our revulsion for Donald Trump, the Biden White House believes, will impel us to keep Biden in office. On any other issue this might be the case. But it cannot be the case with genocide.

Genocide is not a political problem. It is a moral one. We cannot, no matter what the cost, support those who commit or are accomplices to genocide. Genocide is the crime of all crimes. It is the purest expression of evil. We must stand unequivocally with Palestinians and the jurists from South Africa. We must demand justice. We must hold Biden accountable for the genocide in Gaza.

January 13, 2024 Posted by | Israel, Legal | Leave a comment

Biden’s $582 Million Arms Sale to Saudi Arabia. Can It Be Blocked?

BY CHARLES PIERSON,  https://www.counterpunch.org/2024/01/11/bidens-582-million-arms-sale-to-saudi-arabia-can-it-be-blocked/

On December 24, 2023, the Biden Administration announced a $582 million arms sale to the Kingdom of Saudi Arabia. Three Congressional resolutions aim at blocking the sale.

S.Res. 109,[1] which Senator Christopher Murphy (D-CT) introduced on March 15, 2023, invokes a little-used section of the Foreign Assistance Act of 1961.[2] Section 502B bars the US from providing “security assistance,” including arms sales, to any country with a “consistent pattern of gross violations of internationally recognized human rights.”[3] The Kingdom of Saudi Arabia certainly fits that requirement.

502B allows Congress to request that the White House produce a report on a foreign government’s human rights record. A 502B report on Saudi Arabia[4] would focus on (1) Saudi Arabia’s human rights record; and (2) Saudi conduct with respect to Yemen, particularly the Kingdom’s disproportionate killing of civilians (which the US has aided).[5] If the Executive fails to produce the report within 30 days all security assistance to the country in question stops automatically.[6]

There are exceptions. Even if the Executive does not produce a report within 30 days security assistance can continue if the Secretary of State determines that “extraordinary circumstances” exist;[7] or, if in the Secretary’s opinion, continuing the assistance is in the US “national interest”;[8] or, the if president determines that there has been a significant improvement in the country’s human rights practices.[9] These exceptions are big enough to drive a truck through and could allow the president to evade enforcing the law. Whether Congress approves S.Res. 109 or not may not make a difference.

Biden Promises to End US Arms Sales to Saudi Arabia

Even before he was elected, Biden promised to reevaluate the US-Saudi relationship.

This was in part a reaction to the assassination of dissident Saudi journalist Jamal Khashoggi, who had been chopped up by a bone cutter at the Saudi consulate in Istanbul on October 2, 2018. Khashoggi’s murder was ordered by Saudi Arabia’s de facto ruler, Crown Prince Mohammed bin Salman. During the November 20, 2019 Democratic presidential debate, Biden called Saudi Arabia an international “pariah” and vowed that the US would no longer sell weapons to the Saudis.

Biden condemned arms sales to Saudi Arabia in his first major foreign policy speech as president on February 4, 2021. Biden announced that he was “ending all support for offensive operations in the war in Yemen, including relevant arms sales.” Pay close attention to that wording.

Biden’s Empty Promises

The Biden Administration has not treated Saudi Arabia as a “pariah.” Biden even visited the crown prince on July 15, 2022, in hopes of persuading Bin Salman to boost oil production.

And the weapons continued to flow. For the first six months of Biden’s presidency there were no US arms sales to Saudi Arabia or the United Arab Emirates. In January 2021, the administration announced a temporary freeze on the Trump Administration’s pending weapons sales to Saudi Arabia. There was less to this move than met the eye. As the Wall Street Journal noted: “U.S. officials said it isn’t unusual for a new administration to review arms sales approved by a predecessor, and that despite the pause, many of the transactions are likely to ultimately go forward.”

Then on August 2, 2021 the Biden Administration announced $5 billion in arms contracts to the Kingdom of Saudi Arabia and the United Arab Emirates. This was followed by a $650 million arms sale to Saudi Arabia which was announced on November 21, 2021.

 On December 7, the US Senate voted 30-67 against a joint resolution (S.J. Res. 31) which would have blocked the sale.

Biden said during his February 4 speech that he was “ending all support for offensive operations in the war in Yemen, including relevant arms sales.” The key word here is “offensive.” Which weapons are “offensive” and which “defensive”? The Biden Administration won’t say and has rebuffed Congressional attempts to find out. Many weapons can be used for either defense or offense. Whenever the Biden White House sells arms to Saudi Arabia or the United Arab Emirates it simply asserts that they will be used for defense, such as defense against Iran or the Houthis.

This brings us to the $582 million sale announced by the Administration on December 24, 2023. S.Res. 109 would block this sale, along with all other arms sales and security assistance to Saudi Arabia. Two other resolutions target only the $582 million sale. The two resolutions are S.J. Res. 53 , introduced on Dec. 11, 2023 by Senator Rand Paul (R-KY) and H.J. Res. 106 , introduced on January 2, 2024 by Representative Ilhan Omar (D-MN-5). Representative Omar has said: “It is simply unconscionable to sell weapons to Saudi Arabia while they continue to kill and torture dissidents and support modern-day slavery.” Omar has also excoriated Saudi Arabia’s “systematic murder, rape, and torture of [hundreds of Ethiopian refugees]” who were attempting to enter Saudi Arabia from Yemen.[10]

S.Res. 109 has been gathering dust since March 2023 without a vote. Let’s hope that these two new resolutions have more luck.

January 13, 2024 Posted by | Saudi Arabia, USA, weapons and war | Leave a comment

New Revelations Shed More Light On Sabotage Of Iran Nuclear Program

Tuesday, 01/09/2024, Iran International Newsroom, https://www.iranintl.com/en/202401095698

The malware that disrupted Iran’s nuclear program in 2010 was delivered by a Dutch engineer working at the enrichment plant in Natanz, a Dutch daily has claimed.

For more than a decade, no one knew how the virus Stuxnet –widely believed to be an American-Israeli creation– had found its way to the control systems of Iran’s most sensitive and tightly watched nuclear facility in Natanz.

In 2019, two investigative journalists, one Dutch and one American, published a report in Yahoo News, suggesting that the virus had been released by “a mechanic working for a front company doing work at Natanz”, who in reality worked for AIVD, the Dutch intelligence agency.

At the time, the authors believed the mole to be Iranian. But the investigative report in the Dutch daily Volkskrant has named him as Erik van Sabben.

According to the report, van Sabben was married to an Iranian woman and worked in Dubai for a company that serviced Iran’s oil and gas industry. So he could have been the perfect recruit. And he was indeed recruited by AIVD in 2005 at the request of US and Israeli secret services.

The US and Israel have never acknowledged involvement in the cyber attack on Iran’s nuclear program, but most experts share the view that such a sophisticated cyberweapon could have been developed by Israel and the United States only as part of a joint sabotage campaign known as Operation Olympic Games, which is still unacknowledged.

The new report comes at a time when Iran has once more accelerated its enrichment program, turning its back on a secret deal many diplomats say the regime had made with the Biden administration in 2023 to cap the enrichment at 60-percent purity in exchange for the release of billion of dollars of its money in Iraq and South Korea.

Iran is reported to have enough highly enriched uranium to make three nuclear bombs, if enriched further during a few weeks. The UN nuclear watchdog (IAEA) has repeatedly raised concern about Iran’s enrichment levels –which experts say has no civilian justification.

In its latest report (December 2023), the IAEA stated that Iran is enriching to up to 60%, close to the roughly 90% that is required to make a nuclear weapon. One place this is being done is the Pilot Fuel Enrichment Plant (PFEP) at Natanz complex –the very same facility Stuxnet targeted almost 15 years ago.

Stuxnet is believed to have had affected the control systems at Natanz enrichment facilities, forcing a change of speed in the centrifuges’ rotor and causing breakdown.

The extent of the damage it caused is not known with certainty. It seems to have been significant enough, though, to force the nuclear authorities in Iran to halt uranium enrichment several times.

In November 2010, Mahmoud Ahmadinejad, then-president of Iran, confirmed for the first time that a cyberweapon had hit the country’s nuclear facilities. “They succeeded in creating problems for a limited number of our centrifuges with the software they had installed in electronic parts,” he said.

Fingers were pointed at “the Americans” and “the Israelis”, especially after two Iranian nuclear scientists were assassinated. But no reasonable explanation was given as to how the malware had entered the facilities.

More than a decade later, Volkskrant has offered an explanation –but little consolation for those who, according to the new report, spent around “one billion dollars” on a malware that they hoped would set back Iran’s nuclear program, although the operation undoubtedly slowed down Iran’s efforts for a while.

January 13, 2024 Posted by | Iran, secrets,lies and civil liberties | Leave a comment

800+ Global Groups Back South Africa’s Genocide Case as ICJ Prepares for Hearing

byEDITORJanuary 9, 2024

“The very least states can do is to submit Declarations of Intervention as a small part of fulfilling their obligations under Article 1 of the Genocide Convention,” said a peace coalition.

SCHEERPOST, By Julia Conley / Common Dreams January 9, 2024

An international peace coalition announced Monday that more than 800 civil society organizations from across the globe have endorsed its sign-on letter distributed to world governments, urging leaders to join South Africa in formally accusing Israel of genocidal violence at the United Nations’ highest judicial body.

When Common Dreams first reported on the sign-on letter last Wednesday, just over 100 groups had joined the call.

The surge of support comes as the International Court of Justice (ICJ), also known as the World Court, is scheduled to hold a hearing on South Africa’s case on Thursday and Friday.

The International Coalition to Stop Genocide in Palestine (ICSGP)—which includes the National Lawyers Guild, the Black Alliance for Peace, World Beyond War, and Progressive International, among other groups—is calling on governments to “reinforce [South Africa’s] strongly worded and well-argued complaint by immediately filing a Declaration of Intervention” at the court.

The declarations could increase the likelihood that the ICJ sides with South Africa in the case, says the coalition.

In recent days, Turkey, Malaysia, and the Organization of Islamic Cooperation, which represents 57 member-states, have all endorsed South Africa’s 84-page claim, which details genocidal rhetoric in public statements made by high-level Israeli officials as well as the Israeli military’s actions in Gaza.

“The South African filing before the ICJ marks a critical juncture which tests the global will to salvage the laws and systems which were designed to safeguard not merely human rights, but to preserve humanity itself.”……………………………………………………………………………………………… more https://scheerpost.com/2024/01/09/800-global-groups-back-south-africas-genocide-case-as-icj-prepares-for-hearing/

January 12, 2024 Posted by | Israel, politics international, South Africa | Leave a comment

Reporters without shame: Top ‘media rights’ organization ignores rampant killings of Gaza journalists

Eva Bartlett, RT, Sun, 07 Jan 2024

At the end of 2023, Reporters Without Borders (Reporters sans Frontieres, RSF), the international organization ostensibly advocating for freedom of information, released its annual report. The paper massively downplays the widespread and deliberate targeting of Palestinian journalists in the Israel-Gaza war.

The report’s announcement, titled, “Round-up: 45 journalists killed in the line of duty worldwide – a drop despite the tragedy in Gaza,” excludes most of the Palestinian journalists killed by Israel in 2023, particularly in the past few months. It claims 16 fewer journalists were killed worldwide in 2023 than in 2022. This doesn’t reflect reality.

The report claims that (as of December 1, 2023), only 13 Palestinian journalists were killed while actively reporting, noting separately that 56 journalists were killed in Gaza, “if we include journalists killed in circumstances unproven to be related to their duties.”

Other sources put the overall number of Palestinian journalists killed in the enclave much higher. The UN’s Office for the Coordination of Humanitarian Affairs (OCHA) reported on December 1 that 73 journalists and media workers had been killed, citing to the Palestinian Journalists’ Syndicate (PJS).

While The Committee to Protect Journalists’ (CPJ) December 20, 2023 numbers are lower (at least 61 Palestinian journalists killed since October 7), CPJ at least didn’t disregard dozens of slain Palestinian journalists like RSF did.

In fact, in contrast to RSF’s cheerful “things are much better for journalists than previous years” tone, CPJ emphasized that in the first 10 weeks of Israel’s war on Gaza, “more journalists have been killed than have ever been killed in a single country over an entire year.” It voiced its concern about, “an apparent pattern of targeting of journalists and their families by the Israeli military.”

It isn’t clear how RSF discerns which circumstances were “unproven to be related” to the duties of slain Gazan journalists, nor who is “actively reporting” when Gaza is under relentless Israeli bombardment and suffers frequent internet cuts. In fact, given the nonstop Israeli bombing (and sniping) throughout the strip, it would be nearly impossible to discern whether journalists were reporting (including from their homes) at the time of their death.

However, in the methodology section near the end of its more detailed report, RSF notes it “logs a journalist’s death in its press freedom barometer when they are killed in the exercise of their duties or in connection with their status as a journalist.”

Many Palestinian journalists in Gaza have received death threats from officers in the Israeli army precisely due to their status as journalists. And many of those threatened have subsequently been killed, along with family members, when Israeli airstrikes targeted their homes or places of shelter.

We also have the precedent in prior wars (in 2009, 2012, 2014, and 2021) of Israel bombing Gazan media buildings (including one I was in in 2009) with varying severity, damaging and finally destroying two major media buildings in 2021. This is clearly intended to stop the flow of reports from Gaza under Israeli bombs, and so is the killing of journalists.

On December 15, the Palestinian Journalists’ Syndicate criticized the RSF report, going as far as accusing RSF of complicity with Israel’s war crimes against Palestinian journalists through whitewashing.

This is the same PJS whose statistics the UN’s OCHA cites, statistics which PJS says are “accurate and based on professional and legal documentation that follows the highest standards in documenting crimes against journalists.” This documentation includes journalists who Israeli airstrikes targeted in their homes, killed precisely because they are journalists.

In response, RSF claimed it, “did not yet have sufficient evidence or indications,” to state that any more than 14 journalists in the Gaza Strip (as of December 23, the date of its response) “had been killed in the course of their work or because of it.”…………………………………………………………………………………………………………..

Israel threatens journalists, kills family members

Many Gaza journalists report being threatened by the Israeli army. CPJ noted it is “deeply alarmed by the pattern of journalists in Gaza reporting receiving threats, and subsequently, their family members being killed.”

One such incident followed a threat to Al-Jazeera Arabic reporter Anas Al-Sharif. CPJ noted he had received multiple phone calls from officers in the Israeli army instructing him to cease coverage and leave northern Gaza. Additionally, he received voice notes on WhatsApp disclosing his location. His 90-year-old father was killed on December 11 by an Israeli airstrike on their home in the Jabalia refugee camp.

On November 13, CPJ noted, “eight family members of photojournalist Yasser Qudih were killed when their house in southern Gaza was struck by four missiles. Qudih survived the attack.”

On October 25, an Israel airstrike on the Nuseirat refugee camp in the center of Gaza killed the wife, son, daughter, and grandson of Al-Jazeera’s bureau chief for Gaza, Wael Al Dahdouh.

The popular young independent journalist, Motaz Azaiza, reported receiving multiple threats from anonymous numbers urging him to cease his coverage, CPJ reported, noting that another Al-Jazeera correspondent, Youmna El-Sayed, said her husband received a threatening phone call from a man who identified himself as a member of the IDF and told the family “to leave or die.”

RSF bias: Not only in Palestine

Whereas RSF only reluctantly, as an afterthought, mentioned Palestinian journalists killed in “circumstances unproven to be related to their duties,” in a 2021 report on Syria, it stated, “at least 300 professional and non-professional journalists have been killed while covering artillery bombardments and airstrikes or murdered by the various parties to the conflict,” since 2011, going on to say, “this figure could in reality be even higher.……………………………………………………………………

In 2017, Stephen Lendman wrote of RSF’s attempt to shut down a panel sponsored by the Swiss Press Club in which British journalist Vanessa Beeley would be participating. “An organization that defends freedom of information is asking me to censor a press conference,” the club’s executive director Guy Mettan said at the time. He refused to cancel the event.

RSF’s 2023 roundup also didn’t include two Russian journalists killed this year, one by a Ukrainian cluster bomb strike and the other by a Ukrainian drone attack (targeting journalists).

Sputnik pursued the matter and reported that RSF, “refused to give any comments to Sputnik” citing “editorial policy.”

Journalist Christelle Neant likewise noted RSF’s glaring omission of the Russian journalists. She wrote about the body’s funding from various governments, and more notably from regime change agencies: the Open Society foundation, The Ford Foundation, and the National Endowment for Democracy, funded by the US Congress.

RSF’s notorious funders explain why it cherry picks or inflates its reports. The borderless organization has lines it won’t cross. It reports a grain of truth but otherwise whitewashes the crimes of Israel and Washington. https://www.rt.com/news/590224-gaza-journalists-israel-killed/

January 12, 2024 Posted by | Israel, media, weapons and war | Leave a comment

CNN Admits ‘Disturbing’ Israel-Palestine Coverage Policy ‘Has Been in Place for Years’

“It’s Israel’s way of intimidating and controlling news,” said one critic.

Common Dreams,   JULIA CONLEY, Jan 05, 2024

CNN has long been criticized by media analysts and journalists for its deference to the Israeli government and the Israel Defense Forces in its coverage of the occupied Palestinian territories, and the cable network admitted Thursday that it follows a protocol that could give Israeli censors influence over its stories.

A spokesperson for the network confirmed to The Intercept that its news coverage about Israel and Palestine is run through and reviewed by the CNN Jerusalem bureau—which is subject to the IDF’s censor.

The censor restricts foreign news outlets from reporting on certain subjects of its choosing and outright censors articles or news segments if they don’t meet its guidelines.

Other news organizations often avoid the censor by reporting certain stories about the region through their news desks outside of Israel, The Intercept reported.


“The policy of running stories about Israel or the Palestinians past the Jerusalem bureau has been in place for years,” the spokesperson told the outlet. “It is simply down to the fact that there are many unique and complex local nuances that warrant extra scrutiny to make sure our reporting is as precise and accurate as possible.”

The spokesperson added that CNN does not share news copy with the censor and called the network’s interactions with the IDF “minimal.”

But James Zogby, founder of the Arab American Institute, said the IDF’s approach to censoring media outlets is “Israel’s way of intimidating and controlling news.”

A CNN staffer who spoke to The Intercept on condition of anonymity confirmed that the network’s longtime relationship with the censor has ensured CNN‘s coverage of Israel’s bombardment of Gaza and attacks in the West Bank since October 7 favors Israel’s narratives.

“Every single Israel-Palestine-related line for reporting must seek approval from the [Jerusalem] bureau—or, when the bureau is not
staffed, from a select few handpicked by the bureau and senior management—from which lines are most often edited with a very specific nuance,” the staffer said.

Jerusalem bureau chief Richard Greene announced it had expanded its review team to include editors outside of Israel, calling the new policy “Jerusalem SecondEyes.” The expanded review process was ostensibly put in place to bring “more expert eyes” to CNN‘s reporting particularly when the Jerusalem news desk is not staffed.

In practice, the staff member told The Intercept, “‘War-crime’ and ‘genocide’ are taboo words. Israeli bombings in Gaza will be reported as ‘blasts’ attributed to nobody, until the Israeli military weighs in to either accept or deny responsibility. Quotes and information provided by Israeli army and government officials tend to be approved quickly, while those from Palestinians tend to be heavily scrutinized and slowly processed.”

Meanwhile, reporters are under intensifying pressure to question anything they learn from Palestinian sources, including casualty statistics from the Palestinian Ministry of Health.

The Ministry of Health is run by Hamas, which controls Gaza’s government. The United Nations agency for Palestinian refugees said in October, as U.S. President Joe Biden was publicly questioning the accuracy of the ministry’s reporting on deaths and injuries, that its casualty statistics have “proven consistently credible in the past.”

Despite this, CNN‘s senior director of news standards and practices, David Lindsey, told journalists in a November 2 memo that “Hamas representatives are engaging in inflammatory rhetoric and propaganda… We should be careful not to give it a platform.”………………………………………….

At least 22,600 people have been confirmed killed in Gaza and 57,910 have been wounded in Israeli attacks on Gaza since October 7. Thousands more are feared dead under the rubble left behind by airstrikes. In Israel, the death toll from Hamas’ attack stands at 1,139.

Jim Naureckas, editor of the watchdog group Fairness and Accuracy In Reporting, noted that the Israeli government is controlling journalists’ reporting on Gaza as it’s been “credibly accused of singling out journalists for violent attacks in order to suppress information.”

“To give that government a heightened role in deciding what is news and what isn’t news is really disturbing,” he told The Intercept.

Meanwhile, pointed out author and academic Sunny Singh, even outside CNN, “every bit of reporting on Gaza in Western media outlets has been given unmerited weight which not granted to Palestinian reporters.”

“Western media—not just CNN—has been pushing Israeli propaganda all through” Israel’s attacks, said Singh. https://www.commondreams.org/news/israel-cnn-censor—


January 12, 2024 Posted by | Israel, media, weapons and war | Leave a comment

This Genocide Is Being Live-Streamed. We Can’t Say We Didn’t Know.

CAITLIN JOHNSTONE, JAN 10, 2024

How is anyone still talking about October 7? What Israel has done since October 7 is many times worse than what happened on that day by any conceivable metric; the only way to feel otherwise is to believe Israeli lives are worth many times more than Palestinian lives. How is Israeli suffering still being centered over vastly less significant acts of violence three months ago while exponentially worse violence and suffering is being inflicted by Israelis right this very moment?

If your nation is attacked, and you respond to that attack by immediately murdering thousands of children with incredible savagery, then you forfeit any right to expect anyone to give a shit that your nation was attacked.

Israel responded to the Hamas attack by doing something much, much worse than anything Hamas has ever done, and in so doing completely delegitimizing itself as a state and completely validating everything the Palestinian resistance has been saying about the state of Israel since day one.

This genocide is being live-streamed. We can’t say we didn’t know. For as long as we live we’ll never be able to say we didn’t know.

❖

Biden is everything people feared Trump would be. A genocidal monster facilitating racially motivated murder and ethnic cleansing while rapidly accelerating toward a nuclear-age world war. Nothing Trump did was as evil as what Biden has been doing. Biden is the real Trump.

Israel is in a nonstop state of conflict largely because it is such an artificial creation. Most states emerge in a more organic way out of the geographical, political and cultural circumstances of the land and the people in their unique slice of spacetime. Israel emerged because some people who didn’t live anywhere near the land of Palestine got some narratives in their heads involving an ancient religion and its adherents, and dropped a newly created country on top of a civilization that already existed there which had emerged organically out of the circumstances of the region……………………………………

Nothing about Israel’s US-backed assault on Gaza is comparable to the Allied offensive against Nazi Germany. They’re raining military explosives onto a trapped and besieged population in a giant concentration camp with the stated goal of eliminating a small militant group who poses exactly zero existential threat to the state of Israel, in response to an attack which was 100 percent provoked by the abuses of the apartheid Israeli regime.

……………………………………………………. , you need to understand that millions of people are on the exact same boat as you right now. Millions. The actions of the state of Israel over the last three months have caused huge numbers of people not previously aware of its depravity to open their eyes to what’s going on, do some research, and change their position……………………………………………… more https://www.caitlinjohnst.one/p/this-genocide-is-being-live-streamed?utm_source=post-email-title&publication_id=82124&post_id=140534382&utm_campaign=email-post-title&isFreemail=true&r=1ise1&utm_medium=email

January 11, 2024 Posted by | Israel, weapons and war | Leave a comment

Israel Is Terrified the World Court Will Decide It’s Committing Genocide

Public hearings on South Africa’s request for provisional measures will take place on January 11 and 12 at the ICJ which is located in the Peace Palace in The Hague, Netherlands. The hearings will be livestreamed from 4:00-6:00 a.m. Eastern/1:00-3:00 a.m. Pacific on the Court’s website and on UN Web TV. The court could order provisional measures within a week after the hearings.

Other States Parties to the Genocide Convention Can Join South Africa’s Case

South Africa, a party to the Genocide Convention, charged Israel with genocide in the International Court of Justice.

By Marjorie Cohn / Truthout, January 8, 2024,  https://scheerpost.com/2024/01/08/israel-is-terrified-the-world-court-will-decide-its-committing-genocide/

For nearly three months, Israel has enjoyed virtual impunity for its atrocious crimes against the Palestinian people. That changed on December 29 when South Africa, a state party to the Genocide Convention, filed an 84-page application in the International Court of Justice (ICJ, or World Court) alleging that Israel is committing genocide in Gaza.

South Africa’s well-documented application alleges that “acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”

Israel is mounting a full-court press to prevent an ICJ finding that it’s committing genocide in Gaza. On January 4, the Israeli Foreign Ministry instructed its embassies to pressure politicians and diplomats in their host countries to make statements opposing South Africa’s case at the ICJ.

In its application, South Africa cited eight allegations to support its contention that Israel is perpetrating genocide in Gaza. They include:

(1) Killing Palestinians in Gaza, including a large proportion of women and children (approximately 70 percent) of the more than 21,110 fatalities and some appear to have been subjected to summary execution;

(2) Causing serious mental and bodily harm to Palestinians in Gaza, including maiming, psychological trauma, and inhuman and degrading treatment;

(3) Causing the forced evacuation and displacement of about 85 percent of Palestinians in Gaza — including children, the elderly and infirm, and the sick and wounded. Israel is also causing the massive destruction of Palestinian homes, villages, towns, refugee camps and entire areas, which precludes the return of a significant proportion of the Palestinian people to their homes;

(4) Causing widespread hunger, starvation and dehydration to the besieged Palestinians in Gaza by impeding sufficient humanitarian assistance, cutting off sufficient food, water, fuel and electricity, and destroying bakeries, mills, agricultural lands and other means of production and sustenance;

(5) Failing to provide and restricting the provision of adequate clothing, shelter, hygiene and sanitation to Palestinians in Gaza, including 1.9 million internally displaced persons. This has compelled them to live in dangerous situations of squalor, in conjunction with routine targeting and destruction of places of shelter and killing and wounding of persons who are sheltering, including women, children, the elderly and the disabled;

(6) Failing to provide for or ensure the provision of medical care to Palestinians in Gaza, including those medical needs created by other genocidal acts that are causing serious bodily harm. This is occurring by direct attacks on Palestinian hospitals, ambulances and other healthcare facilities, the killing of Palestinian doctors, medics and nurses (including the most qualified medics in Gaza) and the destruction and disabling of Gaza’s medical system; 

(7) Destroying Palestinian life in Gaza, by destroying its infrastructure, schools, universities, courts, public buildings, public records, libraries, stores, churches, mosques, roads, utilities and other facilities necessary to sustain the lives of Palestinians as a group. Israel is killing whole families, erasing entire oral histories and killing prominent and distinguished members of society;

(8) Imposing measures intended to prevent Palestinian births in Gaza, including through reproductive violence inflicted on Palestinian women, newborns, infants and children.

South Africa cited myriad statements by Israeli officials that constitute direct evidence of an intent to commit genocide:

“Gaza won’t return to what it was before. We will eliminate everything,” Israel’s Defense Minister Yoav Gallant said. “If it doesn’t take one day, it will take a week. It will take weeks or even months, we will reach all places.”

Avi Dichter, Israel’s Minister of Agriculture, declared, “We are now actually rolling out the Gaza Nakba,” a reference to the 1948 ethnic cleansing of Palestinians to create the state of Israel.

“Now we all have one common goal — erasing the Gaza Strip from the face of the earth,” Nissim Vaturi, the Deputy Speaker of the Knesset and Member of the Foreign Affairs and Security Committee proclaimed.

Israel’s Strategy to Defeat South Africa’s Case at the ICJ

Continue reading →

January 10, 2024 Posted by | Israel, Legal, politics international, Reference, Religion and ethics, South Africa | 1 Comment

Dutch engineer spread Stuxnet in Iran nuclear plant in 2008: report

IT Wire, By Sam Varghese, 9 Jan 24

A Dutchman was responsible for infecting equipment at Iran’s Natanz nuclear plant in 2008 with the Stuxnet virus, leading to years of delay in the country’s nuclear program, a Dutch publication, Volkskrant, claims.

Erik van Sabben, who was 36 at the time, is claimed to have carried out the task after having been recruited in 2005 by the AIVD, a Dutch intelligence outfit.

A few years ago, Volksrant claimed Van Sabben had been recruited by AIVD and also another Dutch intelligence outfit, MIVD.

Stuxnet was discovered by researcher Sergey Ulasen in 2010; he joined Russian security firm Kaspersky a year later. At that time, the virus was believed to have been infiltrated into the Natanz plant through an USB drive as the lab was not connected to any external network………………………………..

Another new claim by Volksrant was that Stuxnet, which is believed to have been developed jointly by the NSA and Israel’s Unit 8200, cost more than US$1 billion to create.

Reacting to the story, Costin Raiu, long-time head of Kaspersky’s Global Research & Analysis Team who left the company last year, said: “Some interesting points from the article: Stuxnet cost more than US$1 billion to build (!).

“If true, it was brought into Natanz in a ‘water pump’, that later spread it to the network.

“The guy who did this died in 2009, so very important detail, the Stuxnet variant he brought in 2007 would be a really early one, like Stuxnet 0.5.

“IMHO, the really impactful variants were the later ones, that were seeded through five different organisations in Iran, in 2009 and 2010.”

Mikko Hypponen, chief research officer at security firm WithSecure, said he did not buy the claim of the US$1 billion price tag. “Millions, certainly, dozens of millions, sure. A billion? I don’t think so,” he said.  https://itwire.com/business-it-news/security/dutch-engineer-spread-stuxnet-in-iran-nuclear-plant-report.html

January 10, 2024 Posted by | Iran, secrets,lies and civil liberties | Leave a comment

It’s time to invoke the Geneva Convention

World Beyond War, 8 January 24

Urge Governments to Invoke the Genocide Convention to Stop the War on Gaza

South Africa has heeded this call. Let’s ask other countries to join!

Several countries’ governments have accused the Israeli government of genocide and asked the International Criminal Court to prosecute Israeli officials, but that court effectively answers to the U.S. government and has refused for years to prosecute crimes by Israel or anyone else outside of Africa.

But the International Court of Justice has ruled against Israel in the past, and if any party to the Genocide Convention invokes it, the court will be obliged to rule on the matter.

If the ICJ determines that genocide is happening, then the ICC will not need to make that determination but only consider who is responsible.

This has been done before. Bosnia and Herzegovina invoked the Genocide Convention against Serbia, and the ICJ ruled against Serbia.

The crime of genocide is happening. The intentional destruction of a people, in whole or in part, is genocide. The law is meant to be used to prevent it, not just review it after the fact.

Background article here.

more https://worldbeyondwar.org/gaza-genocide/

January 9, 2024 Posted by | Israel, politics international, weapons and war | Leave a comment

“The coming US-Saudi nuclear deal: Keep it honest,” The Bulletin of Atomic Scientists

 Sharon Squassoni Henry Sokolski January 5, 2024,  https://thebulletin.org/2024/01/the-coming-us-saudi-nuclear-deal-keep-it-honest/

With the daily parade of Gaza calamities, American, Saudi, and Israeli officials have quietly shelved normalizing Israeli-Saudi relations. But a Saudi-bankrolled “peace” deal and a generous US civilian nuclear agreement to get Riyadh to recognize Israel is really just a matter of time. For those within the Beltway, the deal is too audacious to let die.

The real problem is the nuclear bit, which raises the curtain on a Saudi bomb and a future nuclear food fight in the Middle East. Saudi Crown Prince Mohammed bin Salman wants Washington to green-light Saudi efforts to enrich uranium, which could bring the Kingdom within weeks of acquiring a bomb—just as enrichment capabilities already did for Iran. The Saudi crown prince, known as MBS, has been brutally frank: He will not hesitate to dump the Nuclear Nonproliferation Treaty (NPT) if he thinks Iran is building bombs. Of course, whatever Washington allows MBS to do with his nuclear program will prompt other Middle Eastern states Washington has nuclear cooperation agreements with—the United Arab Emirates, Turkey, and Egypt—to demand the same, creating not one, but potentially many nuclear weapons-ready states.

Ever eager to close a deal with Riyadh, nuclear enthusiasts will be quick to note that any cooperation would be safeguarded by the International Atomic Energy Agency (IAEA). Nuclear enthusiasts further suggest that Saudi uranium enrichment could be conducted under the watchful eyes not just of the IAEA but of Americans, and that key portions of the plant might be “black boxed” to keep the Saudis from diverting any sensitive technology. Others have suggested introducing remote shutdown mechanisms for the plant.

Cast in the context of a “breakthrough” Middle East peace package, Congress and the press will celebrate. Pro-Trump, pro-nuclear Republicans and pro-Israeli, net-zero carbon emissions Democrats will join in a bipartisan moment. The deal will be sealed.

What could go wrong? If Iran is MBS’s nuclear role model, plenty. The Islamic Republic exploited its “peaceful,” IAEA-safeguarded power reactor at Bushehr as a procurement front for illicitly acquiring bomb-making goods. By the time US and other Western intelligence agencies tracked this trade, it was too late to block. The Saudis understand this. The bottom line is clear: Even if Washington restricts its civilian nuclear cooperation with Riyadh to building IAEA-safeguarded light-water power reactors, the deal could literally bomb.

Wouldn’t our intelligence on ally Saudi Arabia be better than it has been on Iran? Perhaps, but so far, it’s been pretty awful. In 1988, the Central Intelligence Agency did discover that Riyadh bought SS-2 medium-range missiles from China but only after the deal was sealed. In 2003, when China exported DF-21 ballistic missiles to the Kingdom, the CIA again found out and was even allowed to verify the missiles were not nuclear-capable, but only after the missiles were delivered.

Several years later, when intelligence finally leaked out that China secretly built missile factories for the Saudis, the Trump administration was mum on whether there was an intelligence failure and allowed speculation that it had blessed the transaction. Then, in 2020, when US intelligence confirmed China was helping the Kingdom mill uranium domestically, it did so, again only after the mining and milling were well underway.

This track record of studied inadvertence, then, brings us to the next worry: MBS wants Washington to green-light the Kingdom enriching uranium, even though this IAEA-“safeguarded” activity is precisely what has brought Tehran to the brink of having several nuclear bombs. Will monitoring this process be enough? By the time anything suspicious gets detected, it’s too late to block the last few steps needed to make bombs. The tough part of the process—acquiring enough fissile material for a bomb—will be over. Weaponization is both faster and easier to conceal. Black-boxing key portions of this activity and employing American enrichment operators and observers would not change this calculation. On Saudi soil, foreign operators can be forced to leave. This is precisely what the Kingdom did in the 1970s when it expelled foreign oil companies.

What can be done? First, a normalization deal may be greased with US security inducements, but any nuclear carrots should be hived off from the package and treated like any other trade agreement: with a required Congressional majority approval. Currently, the Atomic Energy Act only requires the White House to announce nuclear agreements and wait 90 legislative days for them to come into force. This is a formula for congressional inattention. Instead, Congress should amend the Atomic Energy Act to require both houses to approve nuclear deals with countries that want to enrich uranium or separate out plutonium from spent fuel or that publicly announce their willingness to violate the NPT. This would cover Saudi Arabia but also other worrisome future cases.

Second, Congress should require the intelligence community to certify that it can reliably detect a potential nuclear military diversion early enough for authorities outside the Kingdom to intervene and prevent the construction of a bomb. In the nuclear field, this is called “timely warning.” The intelligence community should explain publicly how such warning can be achieved and what actions would prevent Saudi Arabia from acquiring a bomb.

These efforts may seem to be a lot, but doing anything less risks dropping the ball on blocking the bomb’s further spread.

January 8, 2024 Posted by | politics international, Saudi Arabia, weapons and war | Leave a comment

‘100-200,000, Not Two Million’: Israel’s Finance Minister Envisions Depopulated Gaza

 https://www.haaretz.com/israel-news/2023-12-31/ty-article/100-200-000-not-two-million-israels-finance-minister-envisions-depopulated-gaza/0000018c-bfe8-d6c4-ab8d-fffc0b910000

Israel’s far-right Finance Minister Bezalel Smotrich joined a growing list of senior lawmakers who expressed support for large-scale transfer of Gaza’s civilian population as a solution to Israel’s post-war security concerns.

Finance Minister Bezalel Smotrich said that Israel must control the territory in the Gaza Strip and significantly reduce the number of Palestinian residents in Gaza.

In an interview to army radio, the far-right minister said that his “demand” was for the Gaza Strip to stop being a “hotbed where two million people grow up on hatred and aspire to destroy the State of Israel.”

Without outlining his preferred method, Smotrich then suggested that the removal of around 90 percent of Gaza’s residents would help achieve his goal. “If there are 100,000 or 200,000 Arabs in Gaza and not two million, the whole discourse about the day after will be different,” he said.

The Religious Zionism party chairman then noted that in order to regain security, Israel must control the Gaza Strip, and that “in order to control the territory militarily over time, you must also have civilian presence there.”

Smotrich’s comments are the latest in a growing list of troubling remarks by Israeli lawmakers to seemingly support expelling Gazans en masse out of the Strip in order to ensure Israel’s security after the war.

January 5, 2024 Posted by | Israel, politics international | Leave a comment

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