On Wednesday night, ahead of Thursday’s session of the International Court of Justice’s first hearing of the case brought by South Africa accusing Israel of committing genocide against Gaza, Prime Minister Benjamin Netanyahu recorded this message in English:
“I want to make a few points absolutely clear: Israel has no intention of permanently occupying Gaza or displacing its civilian population. Israel is fighting Hamas terrorists, not the Palestinian population, and we are doing so in full compliance with international law.
“The IDF is doing its utmost to minimize civilian casualties, while Hamas is doing its utmost to maximize them by using Palestinian civilians as human shields.
“The IDF urges Palestinian civilians to leave war zones by disseminating leaflets, making phone calls, providing safe passage corridors, while Hamas prevents Palestinians from leaving at gunpoint and often, with gunfire.
“Our goal is to rid Gaza of Hamas terrorists and free our hostages. Once this is achieved Gaza can be demilitarized and deradicalized, thereby creating a possibility for a better future for Israel and Palestinians alike.”
HE DIDN’T HAVE A CHOICE
Why did Netanyahu agree to cooperate with this kangaroo court (the panel includes judges from Russia, China, and Lebanon, all stellar upholders of human rights)? After all, it looks like Israel is losing this case by showing up, never mind that it doesn’t have a chance of winning.
Back in July of 2004, the same International Court of Justice issued an advisory opinion that “Israel’s building of a barrier in the occupied Palestinian territory is illegal and said construction must stop immediately and Israel should make reparations for any damage caused.”
By a majority of 14 to 1, the ICJ judges found that the barrier’s construction breached international law, saying it “violated principles outlined in the UN Charter and long-standing global conventions that prohibit the threat or use of force and the acquisition of territory that way, as well as principles upholding the right of peoples to self-determination.”
Israeli jurists point to the fact that nothing came out of the 2004 ICJ decision to suggest that nothing would come out of the 2024 decision either. Of course, they disregard the distinct possibility that Jewish blood would be spilled across the diaspora, God forbid, when the antisemitic mobs on Europe’s and America’s streets receive a boost to their campaign of hate and violence from an international court.
All Israel needed to do to avoid this very dangerous fiasco was to point to Article IX of the Genocide Convention, which is the basis for South Africa’s claims:
Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in Article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
South Africa is not a party to the dispute, and even if it submitted its outrageous claim on behalf of the Palestinian Authority, the latter isn’t a party to the dispute either, not since 2007, never mind that it is not a recognized state and the ICJ’s mission is to decide disputes between legitimate states.
So, why did Netanyahu decide to jump into this open sewer?
The only reason I can think of is that the court would have ruled anyway, and issued a recommendation to the UN Security Council to restrict Israeli actions in the Gaza Strip. With the US’ veto power, it’s unlikely the USSC would follow through, however, with an unanswered ICJ conviction, the US might find it difficult to continue selling ammunition to Israel for the fighting in Gaza.
Netanyahu is doing the best he can to survive in a world where Jews are expected to be murdered in their thousands but aren’t allowed to retaliate. It’s depressing, but it’s also very real.
