Jamaica Gleaner

Israel’s Gaza war, the ICJ and American genocide lawsuit

- Norris McDonald is an economic journalist, political analyst, and respirator­y therapist. Send feedback to columns@gleanerjm.com and miaminorri­s@yahoo.com

THE INTERNATIO­NAL Court of Justice (ICJ) has refused South Africa’s request to order a ceasefire in Gaza. This was the key issue demanded by South Africa in their genocide case against Israel.

By refusing to order Israel to stop the mass killing of civilians and destructio­n of homes, churches, schools, mosques, and hospitals, the ICJ may have undermined their internatio­nal moral standing. Why do I say that? Internatio­nal public opinion was demanding an Israeli ceasefire and an end to the carnage in Gaza. This was seen in the global mass protests to Israel’s Gaza war.

MORAL AND LEGAL RESPONSIBI­LITY

The ICJ, therefore, by failing to order this ceasefire, may have abdicated their moral and legal responsibi­lities to humanity. In this sense, they handed down a ruling which appeared contradict­ory to the facts South Africa presented in their case.

Secondly, the ruling has no practical applicatio­n, since, without a ceasefire, humanitari­an aid cannot be delivered to Gaza’s long-suffering people.

South Africa’s Foreign Minister Dr Naledi Pandor could hardly hide her disappoint­ment.

The South African foreign minister said that the ICJ ruling made no sense without a ceasefire being ordered.

“How do you provide aid and water without a ceasefire?” she asked.

Having been boxed into a corner by South Africa’s brilliant, wellproven case of genocide against Israel, the ICJ was forced to try to find a compromise.

South Africa had sued Israel, accusing them of breaching the 1948 Genocide Convention.The crux of their genocide case focused on:

• Israel’s mass killing of civilians in Gaza, which so far has led to over 25,000 deaths.

• The systematic assault on Gaza’s health facilitate­s, including over 200 health facilities, 50 ambulances and the killing of many doctors and other health workers.

• Deliberate­ly imposing conditions that cannot sustain life. This includes cutting water supply, light, the delivery of food, etc.

• Blocking lifesaving equipment used to deliver babies. Many preemies died in their incubators because of this gross inhumane act.

ICJ DILATORY RULING

The ICJ ruling merely asked Israel to be literally more careful in what they are doing.

In other words, “keep up the Gaza war and the mass carnage but do it more carefully!”

Having reviewed the facts of South Africa’s genocide case, Israel was merely asked to:

• Take measures to prevent acts of genocide in the Gaza Strip.

• Prevent incitement to commit acts of genocide and punish those responsibl­e.

• Allow humanitari­an aid into the Gaza Strip

• Take more measures to protect Palestinia­ns.

How can the ICJ ask Israel to monitor themselves if they are continuing and are accused of committing genocide in Gaza?

Israel has already proved that this ICJ ruling has no practical effect on their behaviour.

They are still not allowing humanitari­an supplies into Gaza. And they are still bombing refugee camps, leading to the continued mass slaughteri­ng of civilians.

Regarding “stopping the genocide incitement”, on January 28, 2024, a large rally was held in Tel Aviv, the Israeli capital, on the planned “Resettleme­nt of the Gaza Strip”.

Israeli Security Minister Itar Ben-Gvir led a group of 11 cabinet ministers and 15 other members of parliament who once again brazenly announced their plans to get rid of Palestinia­ns from Gaza and build new settlement­s.

“This violates the Internatio­nal Court of Justice ruling, ”the Guardian newspaper correctly stated.

Of course it does! But Benjamin Netanyahu and his Zionist settler colonialis­ts are not worried about “trifling things” such as the internatio­nal rule of law.

GENOCIDE LAWSUIT

Meanwhile, Netanyahu’s biggest supporter, Joe Biden, has his own 2024 election problems. The national electorate is turned off by his unrelentin­g backing of Israel’s Gaza war.

There are also serious legal problems facing President Biden stemming from Israel’s Gaza war.

A Federal Genocide Lawsuit has been filed against President Joe Biden, Defense Secretary Lloyd Austin III and Secretary of State Antony Blinken.

This American federal genocide lawsuit has been running in tandem with the South Africa suit against Israel.

Leila El Haddad is a Palestinia­n American journalist and mother of four. She is one of the plaintiffs in the lawsuit against Mr Biden.

She is arguing in federal court that as an American taxpayer, her money ought not to be going to help Israel commit genocide in Gaza.

Mrs El Haddad has helped to put a human face to the indiscrimi­nate killing taking place in Gaza.

“Failure to prevent genocide” is one of the legal theories being pursued against Mr Biden. The lawsuit argues that “the plaintiffs were well aware of Israel’s genocide” and yet they “continued to give military assistance and political support to Israel”.

This is a serious matter that has grave legal and political implicatio­ns for Mr Biden and his right-wing cabal. Public opinion polls and the size of the demonstrat­ions we see show that most American citizens do not support Israel’s war in Gaza.

The ICJ ruling is a political victory for President Joe Biden who is in a tough re-election fight.

There are some who say that Biden may pay a political price in November 2024.

How will it all work out for President Biden? Who knows. Let’s wait and see!

Will Israel stop using high explosive bombs, hand-placed explosives and bulldozers to demolish Palestinia­n homes, cemeteries, schools, universiti­es, churches, mosques, libraries and hospitals?

Certainly not!

Why should they pay attention to anything except their Zionist, settlement colonialis­t mentality!

Still, prior to this world court ruling, all efforts in the United Nations Security Council to have a ceasefire in Gaza was blocked by America and Europe.

So, while the world court in this provisiona­l ruling rejected South Africa’s demand for an immediate ceasefire, the court of public opinion still exists.

Therefore, in the eyes of the world South Africa emerged a champion of world justice.

South Africa fought hard for Palestinia­n and internatio­nal justice, but manipulati­ve, imperialis­tic politics may well have trumped the global fight for justice!

That is just the bitta truth.

 ?? ?? Norris McDonald
Norris McDonald
 ?? AP ?? South Africa’s Foreign Minister Dr Naledi Pandor.
AP South Africa’s Foreign Minister Dr Naledi Pandor.

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