A new report by UN Special Rapporteur Francesca Albanese shows how Israel has subverted international law to provide a legal cover for genocide.
  • theotherverion@lemmynsfw.comEnglish
    223·
    8 months ago

    Genocide is not really possible to prove unless clear intent is shown. That’s the reason why ICJ didn’t explicitly call it a genocide.

    • goferking0@lemmy.sdf.orgEnglish
      21·
      8 months ago

      They said it could be and Isreal should do everything to stop doing one

      https://www.bbc.com/news/live/world-68097640

      https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf

      1. The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) 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 (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy in whole or in part a group as such (see paragraph 44 above). The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described act
      • theotherverion@lemmynsfw.comEnglish
        314·
        8 months ago

        Yes, they ordered Israel to make sure it does not happen. But it was not worded in a way that Israel commits genocide.

        That’s in fact pretty understandable considering the fact how difficult it is to prove genocide.

        • Linkerbaan@lemmy.worldEnglish
          82·
          8 months ago

          The ICJ put out a direct order last week that israel must immediately let in all food unrestricted which means they have already found israel guilty of restricting food and starving Gaza.

    • Keeponstalin@lemmy.worldEnglish
      18·
      8 months ago

      Intent is clear and was shown at the ICJ case, that’s why it was ruled a plausible genocide and ordered Israel to take actions to prevent genocide. Israel was failed to do, which is why the ICJ ruled on additional measures in March. Which again Israel has failed to do.

      There is over 500 incitements of violence and genocidal incitement, appearing in the forms of social media posts, television interviews, and official statements from Israeli politicians, army personnel, journalists, and other influential personalities.

      Law for Palestine Releases Database with 500+ Instances of Israeli Incitement to Genocide – Continuously Updated

      The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) 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 (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy in whole or in part a group as such. The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.

      Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) and Summery by the International Court of Justice

      ICJ Order 28 March 2024

      • theotherverion@lemmynsfw.comEnglish
        113·
        8 months ago

        There is never mentioned in the ruling that Israel commits genocide. Only that it has to make sure it does not happen. That’s the difference.

        • Keeponstalin@lemmy.worldEnglish
          10·
          8 months ago
          1. The Court recalls that, in its Order of 26 January 2024, it concluded that the civilian population in Gaza was extremely vulnerable, noting that many Palestinians in the Gaza Strip had “no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating” (Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Provisional Measures, Order of 26 January 2024, para. 70). In its decision communicated to the Parties by letters of 16 February 2024, the Court noted, quoting the United Nations Secretary-General, that the developments in the Gaza Strip, and in Rafah in particular, “would exponentially increase what is already a humanitarian nightmare with untold regional consequences” (see paragraph 7 above). The Court observes with regret that, since then, the catastrophic living conditions of the Palestinians in the Gaza Strip have deteriorated further, in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which the Palestinians in the Gaza Strip have been subjected.
          1. The Court observes that Palestinians in Gaza are no longer facing only a risk of famine, as noted in the Order of 26 January 2024, but that famine is setting in, with at least 31 people, including 27 children, having already died of malnutrition and dehydration according to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) (OCHA, “Hostilities in the Gaza Strip and Israel — reported impact, Day 169”, 25 March 2024).
          1. In conformity with its obligations under the Genocide Convention, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation, Israel shall: (a) take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary; and (b) ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing, through any action, the delivery of urgently needed humanitarian assistance.
            • Keeponstalin@lemmy.worldEnglish
              9·
              8 months ago

              Are you dense? This is an ongoing case.

              It’s been established that Israel is failing to prevent genocide in Gaza.

              The March Order added additional measures for Israel to abide by to prevent genocide and to have another Ruling in a month. Israel failed to follow the previous February measures, and are also failing to follow these current March measures.

              The ICJ Court indicates the following provincial measures:

              1. The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation

              2. Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary

              3. Ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance;

              4. Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order

              Instead Israel continues on with it’s genocide, ignoring the Courts orders.

              • theotherverion@lemmynsfw.comEnglish
                111·
                8 months ago

                My point that ICJ hasn’t accused Israel of genocide still stands. My another statement, which says it’s very tricky to prove genocide, still stands because ICJ hasn’t accused Israel of genocide.

                • ???@lemmy.worldEnglish
                  41·
                  8 months ago

                  Actually, they do accuse Israel of it (that is why it’s deemed possible that they are committing genocide), but have not ruled for or against this yet.

        • blurg@lemmy.worldEnglish
          7·
          8 months ago

          The judge leaned back in a squeaky chair, self-righteously satisfied that the letter of the law had been followed.

          The spirit of the law lay trampled on the ground, unable to get up or even breathe. Until the public, individuals carrying the breath of actual humanity, walked into the judge’s chambers, giving the spirit mouth-to-mouth resuscitation. Offering a mirror to the judge, who didn’t know how reflection works.