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Former ICJ President Says World Court Did Not Rule Genocide Claim Against Israel Is ‘Plausible’
A pro-Hamas demonstration outside the Israeli consulate in Cape Town, South Africa. Photo: Reuters/Nic Bothma
The former president of the International Court of Justice (ICJ) clarified on Thursday that the court did not rule it was “plausible” that Israel was committing genocide against the Palestinians in Gaza.
Joan Donoghue, who was president of the ICJ when the preliminary ruling was made, was asked on the BBC if the key point in the January ruling was that it was plausible Israel was committing genocide against the Palestinians.
“It did not decide, and this is something where I’m correcting something that’s often said in the media,” she responded. “It did not decide that the claim of genocide was plausible.”
Rather, she explained, the court ruled on two things pertaining to the question of genocide. First, “the Palestinians had a plausible right to be protected from genocide,” and second, that “South Africa had a right to present that in the court.”
In other words, they were answering procedural questions rather than substantive ones.
Joan O’Donoghue, President of Int’l Court of Justice when it made its Provisional Measures Order in SA’s case v. Israel alleging genocide, has confirmed it did not decide that SA’s claim of genocide was plausible: pic.twitter.com/MCNDw0yloS
— UK Lawyers For Israel (@UKLFI) April 25, 2024
Donoghue’s correction may have been necessary because, after the preliminary ruling, many observers began claiming the ICJ found Israel was “plausibly” committing genocide. An NPR article in late January, for example, was titled “A top UN court says Gaza genocide is ‘plausible’ but does not order cease-fire.”
Francesca Albanese, the UN’a special rapporteur on the human rights situation in the Palestinian territories, claimed the ICJ “just recognized that the horror in Gaza plausibly constitutes genocide.”
The statement from Donoghue appeared to stand in stark contrast to what was claimed.
Still, others have said her new statement did not actually debunk that interpretation. Kenneth Roth, former executive director at Human Rights Watch, wrote on X/Twitter that Donoghue said “everyone has a right to be protected from genocide” and that “the court found it plausible that Palestinians’ right was in jeopardy.” Therefore, he argued, “that means it’s plausible that Israel is committing genocide.”
However, Donoghue’s statement was relatively clear. She added at the end: “The shorthand that often appears — that there’s a plausible case of genocide — isn’t what the court decided.”
Seemingly responding to that claim, Roth argued that, either way, “Donoghue isn’t on the court anymore, so her revisionist reinterpretation of the Gaza judgment doesn’t matter.”
Prior to the preliminary decision being handed down, 210 members of the US House of Representatives signed a letter arguing, “South Africa’s accusation of genocide against Israel exposes how far Israel’s enemies will go in their attempts to demonize the Jewish state.”
“While barely acknowledging the Hamas terrorists who gleefully massacred, mutilated, raped, and kidnapped innocent civilians on Oct. 7, South Africa makes grossly unfounded and defamatory charges against Israel on the world stage, abusing the judicial process in order to delegitimize the democratic State of Israel,” the letter argued.
Many Jews, including those in South Africa, welcomed the ICJ ruling because it did not impose a unilateral ceasefire in Gaza — which would have been an unprecedented step — and, more importantly, called for the release of the hundreds of hostages taken by the Hamas terrorist organization during its Oct. 7 attack on Israel.
“The court’s call for the hostages to be freed is a fundamental requirement for the end of the conflict,” the South African Jewish Board of Deputies said at the time. “It is regrettable that the South African government did not put pressure on Hamas to release the hostages from the outset, which would have averted such terrible loss of life.”
In December, South Africa hosted two Hamas officials who attended a government-sponsored conference in solidarity with the Palestinians. One of the officials had been sanctioned by the US government for his role with the terrorist organization.
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Israel to Issue 54,000 Call-Up Notices to Ultra-Orthodox Students
Haredi Jewish men look at the scene of an explosion at a bus stop in Jerusalem, Israel, on Nov. 23, 2022. Photo: Reuters/Ammar Awad
Israel’s military said it would issue 54,000 call-up notices to ultra-Orthodox Jewish seminary students following a Supreme Court ruling mandating their conscription and amid growing pressure from reservists stretched by extended deployments.
The Supreme Court ruling last year overturned a decades-old exemption for ultra-Orthodox students, a policy established when the community comprised a far smaller segment of the population than the 13 percent it represents today.
Military service is compulsory for most Israeli Jews from the age of 18, lasting 24-32 months, with additional reserve duty in subsequent years. Members of Israel’s 21 percent Arab population are mostly exempt, though some do serve.
A statement by the military spokesperson confirmed the orders on Sunday just as local media reported legislative efforts by two ultra-Orthodox parties in Prime Minister Benjamin Netanyahu’s coalition to craft a compromise.
The exemption issue has grown more contentious as Israel’s armed forces in recent years have faced strains from simultaneous engagements with Hamas in Gaza, Hezbollah in Lebanon, Houthis in Yemen, and Iran.
Ultra-Orthodox leaders in Netanyahu’s brittle coalition have voiced concerns that integrating seminary students into military units alongside secular Israelis, including women, could jeopardize their religious identity.
The military statement promised to ensure conditions that respect the ultra-Orthodox way of life and to develop additional programs to support their integration into the military. It said the notices would go out this month.
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Influential Far-Right Minister Lashes out at Netanyahu Over Gaza War Policy
Israeli Finance Minister Bezalel Smotrich attends an inauguration event for Israel’s new light rail line for the Tel Aviv metropolitan area, in Petah Tikva, Israel, Aug. 17, 2023. Photo: REUTERS/Amir Cohen
Israel’s far-right Finance Minister Bezalel Smotrich sharply criticized on Sunday a cabinet decision to allow some aid into Gaza as a “grave mistake” that he said would benefit the terrorist group Hamas.
Smotrich also accused Prime Minister Benjamin Netanyahu of failing to ensure that Israel’s military is following government directives in prosecuting the war against Hamas in Gaza. He said he was considering his “next steps” but stopped short of explicitly threatening to quit the coalition.
Smotrich’s comments come a day before Netanyahu is due to hold talks in Washington with President Donald Trump on a US-backed proposal for a 60-day Gaza ceasefire.
“… the cabinet and the Prime Minister made a grave mistake yesterday in approving the entry of aid through a route that also benefits Hamas,” Smotrich said on X, arguing that the aid would ultimately reach the Islamist group and serve as “logistical support for the enemy during wartime”.
The Israeli government has not announced any changes to its aid policy in Gaza. Israeli media reported that the government had voted to allow additional aid to enter northern Gaza.
The prime minister’s office did not immediately respond to a Reuters request for comment. The military declined to comment.
Israel accuses Hamas of stealing aid for its own fighters or to sell to finance its operations, an accusation Hamas denies. Gaza is in the grip of a humanitarian catastrophe, with conditions threatening to push nearly a half a million people into famine within months, according to U.N. estimates.
Israel in May partially lifted a nearly three-month blockade on aid. Two Israeli officials said on June 27 the government had temporarily stopped aid from entering north Gaza.
PRESSURE
Public pressure in Israel is mounting on Netanyahu to secure a permanent ceasefire, a move opposed by some hardline members of his right-wing coalition. An Israeli team left for Qatar on Sunday for talks on a possible Gaza hostage and ceasefire deal.
Smotrich, who in January threatened to withdraw his Religious Zionism party from the government if Israel agreed to a complete end to the war before having achieved its objectives, did not mention the ceasefire in his criticism of Netanyahu.
The right-wing coalition holds a slim parliamentary majority, although some opposition lawmakers have offered to support the government from collapsing if a ceasefire is agreed.
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Australia Police Charge Man Over Alleged Arson on Melbourne Synagogue
Australia’s Prime Minister Anthony Albanese speaks to the media during a press conference with New Zealand’s Prime Minister Christopher Luxon at the Australian Parliament House in Canberra, Australia, Aug. 16, 2024. Photo: REUTERS/Tracey Nearmy
Australian police have charged a man in connection with an alleged arson attack on a Melbourne synagogue with worshippers in the building, the latest in a series of incidents targeting the nation’s Jewish community.
There were no injuries to the 20 people inside the East Melbourne Synagogue, who fled from the fire on Friday night. Firefighters extinguished the blaze in the capital of Victoria state.
Australia has experienced several antisemitic incidents since the start of the Israel-Gaza war in October 2023.
Counter-terrorism detectives late on Saturday arrested the 34-year-old resident of Sydney, capital of neighboring New South Wales, charging him with offenses including criminal damage by fire, police said.
“The man allegedly poured a flammable liquid on the front door of the building and set it on fire before fleeing the scene,” police said in a statement.
The suspect, whom the authorities declined to identify, was remanded in custody after his case was heard at Melbourne Magistrates Court on Sunday and no application was made for bail, the Australian Broadcasting Corp reported.
Authorities are investigating whether the synagogue fire was linked to a disturbance on Friday night at an Israeli restaurant in Melbourne, in which one person was arrested for hindering police.
The restaurant was extensively damaged, according to the Executive Council of Australian Jewry, an umbrella group for Australia’s Jews.
It said the fire at the synagogue, one of Melbourne’s oldest, was set as those inside sat down to Sabbath dinner.
Israeli President Isaac Herzog went on X to “condemn outright the vile arson attack targeting Jews in Melbourne’s historic and oldest synagogue on the Sabbath, and on an Israeli restaurant where people had come to enjoy a meal together”.
“This is not the first such attack in Australia in recent months. But it must be the last,” Herzog said.
Israeli Prime Minister Benjamin Netanyahu described the incidents as “severe hate crimes” that he viewed “with utmost gravity.” “The State of Israel will continue to stand alongside the Australian Jewish community,” Netanyahu said on X.
Australian Prime Minister Anthony Albanese late on Saturday described the alleged arson, which comes seven months after another synagogue in Melbourne was targeted by arsonists, as shocking and said those responsible should face the law’s full force.
“My Government will provide all necessary support toward this effort,” Albanese posted on X.
Homes, schools, synagogues and vehicles in Australia have been targeted by antisemitic vandalism and arson. The incidents included a fake plan by organized crime to attack a Sydney synagogue using a caravan of explosives in order to divert police resources, police said in March.
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