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Here’s Exactly What the International Court of Justice Held About Israel
Supporters of Hamas demonstrating outside the International Court of Justice in The Hague, Netherlands. Photo: Reuters/Jehad Shelbak
Last week, the International Court of Justice (IJC) issued its decision on South Africa’s request for the indication of provisional measures — in effect, an injunction — against Israel in regard to alleged violations of the Genocide Convention in the context of the Israel’s use of force in response to the Oct. 7, 2023, Hamas-led attacks in Israel.
The Court found that it had jurisdiction because South Africa and Israel are parties to the Genocide Convention, but both disagree on the interpretation and application of that Convention in the Gaza context. The Convention provides for ICJ jurisdiction in such circumstances.
The Court reminded the parties that, at this stage of proceedings, its decision is preliminary and without prejudice to final decisions about jurisdiction, facts, and merits. The Court concluded that it had a basis for indicating provisional measures based on the plausibility of South Africa’s claim that Palestinian rights under the Convention might be at risk in Gaza, and that therefore, protective measures were in order. In this connection, the Court found that the Palestinian people were a distinct group within the meaning of the Genocide Convention and thus entitled to protection against genocide. At the same time, the Court noted that it was not obliged to indicate the provisional measures that South Africa had requested.
By majorities from 15-2 to 16-1, the Court then required Israel to take all steps within its power to prevent acts of genocide within the meaning of the Genocide Convention — “killing members of the group [Palestinians], causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and imposing measures intended to prevent births within the group.” Israel is to prevent and punish “direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.” Israel is to ensure that its armed forces do not commit genocide. Israel is to ensure to the extent it can the provision of humanitarian assistance to the people of Gaza. Israel is to protect evidence of genocide. And Israel is to report within one month from today on its compliance with the Court’s order.
The Court did not explicitly say that its requirements were subject to intent. But the Genocide Convention requires “intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such.” Therefore, one may safely conclude that, so long as Israel does not intend to commit acts that violate the Genocide Convention, conducting military operations in accordance with the laws of war in Gaza or elsewhere is permitted. Unintended civilian deaths that occur in the course of military operations do not constitute either war crimes per se or acts of genocide.
The Court emphasized that its conclusions were based on resolutions, reports, and statements by UN bodies and UN and other officials in the public record. The Court did not take such reports or words as definitive. It emphasized that none of the facts alleged could be independently verified at this time. This statement by the Court applied even to UN estimates of the size of Gaza’s population.
ICJ judges are elected by, and responsive to, the UN General Assembly and Security Council. The ICJ thus is a political body. Its judgments, especially in cases such as the one brought by South Africa, must be understood against this background. As is well known to those who have served in foreign ministries, some judges consult with, and take direction from, their governments prior to issuing decisions.
What did the Court actually do? At bottom, it reminded the parties and the world that “thou shall not commit genocide” and, to the extent of one’s capability, shall protect people at risk of genocide. It reminded all fighters that they are obligated to conform to the laws of war — “international humanitarian law” — something we know that Hamas and its associates do not do. As a matter of international law and Israeli domestic law, including decisions of Israel’s Supreme Court, Israel must comply with IHL and, in the words of Israel’s President quoted by the Court, does so. And the Court called for the unconditional release of the hostages seized by Hamas on Oct. 7, 2023.
The Court thus did not indicate the provisional measures requested by South Africa. These included finding that Israel had breached the Convention and owed the Palestinian people reparations for such breach.
The Court did not find that Israel had violated or was violating the Genocide Convention. Thus, Israel should have no difficulty complying with last week’s order by the ICJ.
Nicholas Rostow is Senior Partner at Zumpano, Patricios & Popok PLLC and Senior Research Scholar at Yale Law School. This article first appeared in Just Security.
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University of Toronto is granted an injunction to dismantle a pro-Palestinian encampment that has been on campus for two months
The University of Toronto has received an injunction to dismantle the pro-Palestinian encampment on its property. The 98-page decision from Justice Markus Koehnen of the Ontario Superior Court of Justice said that members of the encampment must take down the tents within 24 hours, by 6 p.m. on Wednesday, July 3. Toronto Police will have […]
The post University of Toronto is granted an injunction to dismantle a pro-Palestinian encampment that has been on campus for two months appeared first on The Canadian Jewish News.
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Jewish Cemeteries Vandalized in Cincinnati, Montreal
Vandals in Canada targeted a Jewish cemetery. Photo: Screenshot
Vandals have targeted notable Jewish cemeteries in Cincinnati, Ohio and Montreal, Canada, sparking outcry and concern over mounting threats of antisemitism.
Vandals at Montreal’s Kehal Yisrael Cemetery placed memorial stones in the shape of a Nazi swastika on top of tombstones. Ones with the last names Eichler and Herman were targeted in the antisemitic attack.
Placing memorial stones on graves is an ancient Jewish custom to memorialize the dead. Jewish cemeteries oftentimes have stones nearby tombstones for mourners.
Canadian leaders decried the vandalism.
“It is absolutely abhorrent and revolting to defile the dead with swastikas,” Jeremy Levi, the Jewish mayor of a Jewish-majority suburb of Montreal, commented on X/Twitter. “This desecration at the Kehal Israel cemetery in Montreal is beyond contempt. [Canadian Prime Minister] Justin Trudeau, step aside and get out of the way so we can reclaim our country. May this Kohen’s neshama have an Aliyah on high.” One of the tombstones vandalized belonged to a Kohen.
The leader of the Conservative Party in Canada’s parliament and candidate for prime minister, Pierre Poilievre, lambasted Trudeau and denounced antisemitism. “We cannot close our eyes to the disgusting acts of antisemitism that are happening in our country everyday,” he posted on X/Twitter. “The prime minister must finally act to stop these displays of antisemitism. If he won’t, a common sense Conservative government will.”
Canada, like many countries around the world, has experienced a surge in antisemitic incidents since the Palestinian terrorist group Hamas’ massacre across southern Israel on Oct. 7.
Meanwhile in Cincinnati, vandals targeted two historic Jewish cemeteries this past week, toppling and shattering ancient tombstones — some dating back to the 1800s.
According to a statement from the Jewish Federation of Cincinnati, 176 gravesites in Cincinnati’s West Side were ruined “in an act of antisemitic vandalism.”
“Due to the extensive damage and the historical nature of many of the gravestones, we have not yet been able to identify all the families affected by this act,” the statement continued. “Our community [is] heartbroken.”
The Cincinnati Police Department and the FBI are investigating the incidents.
The destruction of monuments is the latest in a greater trend of antisemitic vandalism. In an incident over the weekend, vandals in Australia targeted war memorials dedicated to Australian veterans who sacrificed their lives in Korea and Vietnam with pro-Hamas graffiti.
A couple weeks earlier, vandals in Belgium defaced two memorials for Holocaust victims with swastikas and a phrase calling for violence against Israel. In Germany, meanwhile, at least seven stolpersteine, or stumbling blocks in the sidewalk meant to mark Jewish homes seized by the Nazis, were defaced with the message “Jews are perpetrators.”
The US, Canada, Europe, and Australia have all experienced an explosion of antisemitic incidents in the wake of the Hamas atrocities of Oct. 7, and amid the ensuing war in Gaza. In many countries, anti-Jewish hate crimes have spiked to record levels.
According to the B’nai Brith, antisemitic incidents in Canada more than doubled in 2023 compared to the prior year.
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UN Launches Probe Into Anti-Israel Rapporteur for Allegedly Accepting Trip Funded by Pro-Hamas Organizations
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
The United Nations has opened an investigation into allegations that its special rapporteur on the human rights situation in the Palestinian territories accepted an all-expense paid trip to Australia from various pro-Hamas groups.
In November 2023, Francesca Albanese allegedly traversed around the Australian continent on a trip whose high price tag was covered by anti-Israel organizations, according to documentation acquired by UN Watch, a Geneva-based NGO that monitors the UN.
Albanese initially landed in Sydney and subsequently enjoyed flights into Melbourne, Adelaide, and Canberra, as well as Auckland and Wellington in New Zealand. The glamorous excursion is estimated to have cost a staggering $22,500.
The UN Investigations Division of the Office of Internal Oversight Services (OIOS) told UN Watch last week that it had alerted the High Commissioner for Human Rights of the allegations of financial impropriety levied at Albanese.
In a letter sent to UN leadership last month, UN Watch executive director Hillel Neuer outlined evidence based on multiple sources indicating that Hamas-supporting organizations funded Albanese’s trip to Australia, which has been experiencing an alarming spike in antisemitic incidents since the start of the Israel-Hamas war in October.
Australian Friends of Palestine Association (AFOPA), an organization that lobbies Australian politicians on behalf of the pro-Palestinian cause, claimed on its website that it “sponsored Ms. Albanese’s visit to Australia” to speak at its annual Edward Said Memorial Lecture in Adelaide. During the lecture, Albanese thanked AFOPA for “organizing such a busy visit,” in which she met with numerous Australian politicians and foreign ministry officials.
Free Palestine Melbourne (FPM) and Palestinian Christians in Australia (PCIA) both claimed to have “supported her visit to Victoria, ACT [Australian Capital Territory] and NSW [New South Wales].” Both groups also publicly declare that they participate in explicit lobbying of Australian politicians in an attempt to “change their minds” on the Israeli-Palestinian conflict.
While on her visit, Albanese served as a keynote speaker at a PCIA fundraiser. FPM encourages politicians to endorse the boycott, divestment, and sanctions (BDS) movement, which seeks to isolate Israel on the international stage economically and politically as the first step toward the Jewish state’s eventual elimination.
Australian Palestinian Advocacy Network (APAN) said it was “honored to support” Albanese’s visit. The organization’s president, Nasser Mashni, openly endorses the terrorist group Hamas and has stated that the eradication of Israel is necessary to secure “the liberation of earth.” APAN states that it “facilitated a range of meetings” for Albanese with Australian parliamentarians.
Palestinians in Aotearoa Co-ordinating Committee (PACC) and Palestine Solidarity Network Aotearoa (PSNA) both organized and likely bankrolled Albanese’s trip to New Zealand, according to UN Watch. At the behest of these groups, Albanese helped lobby a New Zealand sovereign wealth fund to divest from Israel-linked companies.
Albanese outright denied that her trip was funded by Palestinian lobbying organizations, insisting that the UN footed the bill.
“Yet another trail of egregiously false claims agst me,” she tweeted. “My trip to Australia was paid by the UN as part of my mandate’s activities. Continuous defamation agst my mandate may be well remunerated,but won’t work. It just wastes time that should be used to help stop violence in [the Palestinian territories].”
Albanese did not present any documentation confirming that the UN paid for her travel and accommodations. Rather, she pointed at a statement from AFOPA reading, “Ms. Albanese was authorized by the UN to accept AFOPA’s invitation to deliver the Edward Said Memorial Lecture. The UN funded Ms. Albanese’s travel & accommodation costs. No Palestinian Solidarity group paid for this trip.”
Albanese has an extensive history of using her role at the UN to denigrate Israel and seemingly rationalize Hamas’ attacks on the Jewish state.
In April, Albanese issued public support for the pro-Hamas protests and encampments on American university campuses, saying that they gave her “hope.” She has also repeatedly falsely accused the Jewish state of committing “genocide” against Palestinians in Gaza and enacting “apartheid” in the West Bank without condemning Hamas’ terrorism against Israelis.
In February, Albanese claimed Israelis were “colonialists” who had “fake identities.” Previously, she defended Palestinians’ “right to resist” Israeli “occupation” at a time when over 1,100 rockets were fired by Gaza terrorists at Israel. Last year, US lawmakers called for the firing of Albanese for what they described as her “outrageous” antisemitic statements, including a 2014 letter in which she claimed America was “subjugated by the Jewish lobby.”
Albanese’s anti-Israel comments have earned her the praise of Hamas officials in the past.
Additionally, in response to French President Emmanuel Macron calling Hamas’ Oct. 7 massacre across southern Israel the “largest antisemitic massacre of the 21st century,” Albanese said, “No, Mr. Macron. The victims of Oct. 7 were not killed because of their Judaism, but in response to Israel’s oppression.”
Video footage of the Oct. 7 onslaught showed Palestinian terrorists led by Hamas celebrating the fact that they were murdering Jews.
Nevertheless, Albanese has argued that Israel should make peace with Hamas, saying that it “needs to make peace with Hamas in order to not be threatened by Hamas.”
The UN did not respond to a request for comment for this story.
The post UN Launches Probe Into Anti-Israel Rapporteur for Allegedly Accepting Trip Funded by Pro-Hamas Organizations first appeared on Algemeiner.com.