ICJ did not say there was a plausible case for Genocide in Gaza — BBC Hardtalk

On April 25, 2024, Jane Donoghue, who was President of the International Court of Justice in January, when it was reported that the Court had found there was a plausible case for Israel to answer for alleged violation of the Genocide Convention, was interviewed on BBC Hardtalk.

In this Hardtalk interview, Donoghue walks back that common belief that it had decided there was a plausible case against Israel of committing genocide:

Q. Would it be fair to say and I’m no lawyer, and many people watching and listening will not be lawyers, but would it be fair to say that the key point that you made your initial order and ruling upon was whether or not there was a plausible case that should be taken on by the court of genocide in the case of Israel’s actions in Gaza after October 7th, and you quite clearly decided that there was a plausible case. Is it right to say that that was what you decided?

A. You know, I’m glad I have a chance to address that because the court test for deciding whether to impose measures uses the idea of plausibility, but the test is the plausibility of the rights that are asserted by the applicant, in this case South Africa. So the court decided that the Palestinians had a plausible right to be protected from genocide, and that South Africa had the right to present that claim in the court. It then looked at the facts as well, but it did not decide, and this is something where I’m correcting what’s often said in the media, it didn’t decide that the claim of genocide was plausible. It did, it did emphasize in the order that there was a risk of irreparable harm to the Palestinian right to be protected form genocide, but it — the shorthand that often appears which is that there’s a plausible case of genocide isn’t what the court decided.

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ICC declares jurisdiction over [alleged] crimes in Palestine | The Jurist

The International Criminal Court (ICC) ruled Friday that it has jurisdiction over crimes committed in Palestine. The ICC was established in 2002 and prosecutes genocide, crimes against humanity, and war crimes committed around the world. In 2018, Palestine referred possible crimes to the ICC Prosecutor for investigation. In 2020, the Prosecutor sought a ruling of jurisdiction from the Pre-Trial Chamber.

According to Article 12 of the Rome Statute, which governs the ICC, the court may exercise jurisdiction over a crime if “the State on the territory of which the conduct in question occurred” is a party to the Statute or otherwise accepts the jurisdiction of the court. Israel argued that Palestine cannot give jurisdiction to the ICC because Palestine is not a sovereign state with jurisdiction over its own territory and nationals.

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Read the full decision

Read Judge Peter Kovac’s dissenting opinion

Q&A Discussion on the decision

Justice for Some: A review

Justice for Some by Noura Erakat was published last year. It is a pro-Palestinian perspective on the Middle East Conflict and International Law.

Most reviews of the article have not been reviews at all but synopses of her material interspersed with the “reviewer’s” cheers and plaudits.

Spotted on the web, here is a pro-Israeli comment on her book that resonated with us:

In “Justice for Some,” Professor Noura Erakat delivers an anti-Israel tirade in the antiquated terms of Marxism.

The main target of Professor Erakat’s assault is the 1922 British Mandate for Palestine (the BMP), the League of Nations law that enabled the creation of the State of Israel. The professor declares that the BMP institutionalized a “racist,” “settler-colonial,” “Apartheid regime” of “oppression” dedicated to the “juridical erasure” of the Palestinian people.

Equally extreme is her view of the Oslo Accords, the set of agreements signed by Israel and the Palestinians in the 1990’s to resolve their longstanding feud. She condemns the Oslo peace process as a continuation of oppressive “colonial practices.”

To combat the alleged colonial oppression, Professor Erakat recommends worldwide “resistance,” described as a blend of economic and legal activism against Israel.

These “coercive pressures,” she contends, would reverse the legal injustices of the past, “dismantle” Israel’s “illegal … colonial infrastructure,” and “liberate” Palestine.

Erakat champions two related forms of resistance: the BDS movement, a boycott campaign “aimed at isolating and shaming Israel;” and “lawfare,” the use of legal tactics to damage a political enemy.

She agrees with BDS leaders that all Palestinians should be allowed to relocate to Israel under a supposed “right of return.”

Regrettably, she omits the fact that such a novel population shift would make Israel a majority-Arab state. Even more disturbing, she enjoys hinting at the prospect of “Palestinian sovereignty” over Israel.

Although the professor maintains that “armed struggle” is available to Palestinians “as a matter of legal right,” she considers BDS and lawfare more effective.

Professor Erakat is not the first Palestinian to assail Israel with the debunked Marxist rhetoric of oppression and resistance. The Palestine Liberation Organization has been spewing the same hate-filled jargon since its founding in 1964.

The only difference between the two manifestos is that one would annihilate Israel through terrorism while the other would do the job through the cynical weaponization of economics and law.

Mainstream scholarship on the BMP confirms the mandate reflected a valid recognition of Jewish self-determination, not an act of colonial oppression.

The law was approved unanimously by a vote of all League of Nations members, not just the “colonial powers.” The great powers did not even share a common political goal, let alone a scheme of oppression.

They competed shrewdly for influence over the territories subject to the League’s mandate system.

Great Britain, the empire that most actively prepared the Jews for statehood, soon became the movement’s most powerful opponent.

Moreover, the Jews could not participate in the League’s BMP vote because they lacked membership in the world body.

Far from serving as agents of any colonial hegemons, the early Zionists immigrated to Palestine to escape the persecution of those regimes.

Another 800,000 Jewish immigrants came to Palestine from the Arab world, including the Jordanian-occupied East Jerusalem and West Bank, where they had suffered a brutal ethnic cleansing.

Jews from all hemispheres migrated to the “Land of Israel” because that was their ancestral home. There, they supplemented indigenous Jewish communities much older than the region’s first Arab dwellings.

Middle East Arabs won the greatest share of mandatory bequests. They gained four large new states: Lebanon; Syria; Iraq; and Transjordan (present day Jordan).

By contrast, their Jewish neighbors had to settle for a much smaller tract because Great Britain reallocated 77% of their League-designated territory to create Transjordan.

The Arabs could have celebrated their vast, newfound sovereignty. But instead, in 1948 they waged a five-state military jihad against Israel and grabbed portions of the Jewish foothold for themselves. That illegal offensive was the real “oppression” that turned the BMP border-drawing exercise into perpetual ethnic strife.

As an international lawyer, Professor Erakat must realize that expunging Israel through terrorism or any other manner would violate the animating principle of the United Nations.

Article 2 of the UN Charter requires nations to settle their differences “by peaceful means” without harming the “sovereign equality,” “security,” “territorial integrity,” or “political independence” of any state.

As a human rights lawyer, Erakat should know better than to portray the existence of Israel as a racist endeavor. That unfounded charge constitutes antisemitism as defined by the International Holocaust Remembrance Alliance and officially recognized by the US, Canada, 24 EU member states, and five other state signatories.

She compounds the human rights affront by endorsing the BDS movement. A September 23, 2019 UN report titled “Elimination of all Forms of Religious Intolerance” determined that BDS is a form of antisemitism.

A less biased study of legal claims in the Israeli-Palestinian conflict would have considered both sides of the debate.

The author would have acknowledged Israel’s indigenous rights, self-determination rights, and sovereign rights to the territories in dispute.

She would have weighed possible remedies for the Jewish refugees from East Jerusalem and the West Bank. And she would have backed at least one legal measure to curb terrorism. Sadly, “Justice for Some” demands justice only for Palestinians.

— Anonymous

Why you should know San Remo | IFF

League of Nations Delegates who attended the San Remo Conference, April 1920

Many people know the Balfour Declaration of Nov. 2, 1917 and the U.N. Vote on the Partition Plan on Nov. 29, 1947 as the two main international political events that led to Israel’s Declaration of Independence on May 14, 1948.

On December 11, 1917, which was the eve of Hanukkah, General Allenby led the British troops into Jerusalem. Allenby was hailed as the savior of the Jews, especially in light of the fact that one month earlier Britain had issued the Balfour Declaration.

However, there is a misconception that the Balfour Declaration was just a letter of intent, and not a binding legal document. The reason for this misconception is that most people are not aware of the San Remo Conference which took place on April 19, 1920, lasted for seven days and published its resolutions on April 25, 1920. These seven days laid the political foundation for the creation of the 22 Arab League States and the one and only Jewish State of Israel.

The full text of the Balfour Declaration became an integral part of the San Remo resolution and the British Mandate for Palestine, thereby transforming it from a letter of intent into a legally-binding foundational document under international law.

Did the Arabs oppose the creation of a Jewish State at San Remo? The answer is a resounding NO!

Emir Feisal and Chaim Weizmann, 1918.
Dr Chaim Weizmann (left) and Emir Faisal of Iraq

At that time they were focused on the creation of independent Arab states and had no objection to the establishment of a tiny Jewish state in Palestine. This was formalized in the Weizmann-Feisal agreement which led to the League of Nations recognizing the Land of Israel (then Palestine) as the homeland of the Jewish people.

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NZFOI welcomes US announcement on Israeli Settlements

FOR IMMEDIATE RELEASE

22 November 2019 CHRISTCHURCH, NEW ZEALAND — NZ Friends of Israel welcomes the US announcement on Monday November 18, that acknowledges that Israel’s settlements in Judea and Samaria (also known as the West Bank) are not illegal.

Most international law opinions that suggest otherwise are based on a misapplication of the Fourth Geneva Convention which was never written with the Middle Eastern situation in mind.  The original convention expected that the land of a sovereign state was being occupied by another sovereign state. 

This is not the case with the lands of the Middle East.  Following the fall of the Ottoman Empire and the end of the Second World War, there was no legitimate sovereign over the disputed lands. 

The US announcement affirms the fact that Jews have always been indigenous to the region and are not foreign colonizers. 

With the resurgence of anti-Semitism in many countries of the world, the foresight and wisdom of the League of Nations in mandating the establishment of a Jewish homeland, is unfortunately being vindicated. 

NZ Friends of Israel (www.nzfoi.org, contact@nzfoi.org, ph 027 433 9745) is a registered charity that fights racial prejudice and intolerance by raising awareness of Jewish history and culture.

ENDS

Trump administration says Israel’s West Bank settlements do not violate international law | Washington Post

Mike Pompeo, US Secretary of State

Secretary of State Mike Pompeo declared Monday that Israeli settlements in the West Bank do not violate international law.

Pompeo said the Trump administration, as it did with recognition of Jerusalem as the Israeli capital and Israel’s sovereignty over the disputed Golan Heights, had simply “recognized the reality on the ground.”

In remarks to reporters at the State Department, he said the administration was overturning actions taken late in the Obama administration, which for the first time declined to veto a United Nations resolution calling for the dismantlement of West Bank settlements.

Instead, Pompeo said, the administration said it was returning to policy under the administration of Ronald Reagan, who declined to characterize settlements as illegal but called them “ill-advised” and an obstacle to peace.

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Israeli farmers to file war crimes complaint against Hamas | NZ Herald

A kite with an incendiary device is readied for its launch

JERUSALEM (AP) — A group of Israeli farmers is filing a war crimes complaint at the International Criminal Court in The Hague on Monday against Hamas over the torching of thousands of acres of farmland in recent months.

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