Live coverage thread of the International Court of Justice and the case of South Africa vs. Israel.

  • TheBananaKing@lemmy.world
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    10 months ago

    They didn’t really call for it to stop military action though. They called for it to stop doing things intended to be genocide; I predict that Israel will just disagree that it intends genocide, and keep on doing it.

          • DarkGamer@kbin.social
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            10 months ago

            One cannot commit accidental genocide, genocide requires intent to destroy a protected group to be classified as such. See the legal definitions elsewhere in this thread. Different war crimes might apply to accidental action, but not genocide.

    • jordanlund@lemmy.worldOPM
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      10 months ago

      Ruling that the Palestinians are a protected class under the Genocide conventions is pretty big though…

      From the live thread:

      "7m ago 07.43 EST International Court of Justice orders Israel to prevent genocide in Gaza Judge Donoghue says the court has decided that Israel must “take all measures within its its power” to prevent all acts within the scope of the genocide convention.

      She adds that Israel must ensure “with immediate effect” that its forces do not commit any of the act in the genocide convention.

      Israel must also take immediate measures to improve the humanitarian situation in Gaza."

      and:

      "14m ago 07.37 EST ICJ recognises right of Palestinians in Gaza to be protected from acts of genocide Judge Donoghue, speaking now at the ICJ, said at least some rights sought by South Africa in its genocide case against Israel’s war in Gaza are plausible. She said: “A link exists between the rights claimed by South Africa that the court has found plausible and at least some of the provisional measures requested.”

      With the reading still ongoing, the court said it recognises the right of Palestinians in Gaza to be protected from acts of genocide. Palestinians appear to be a protected group under the genocide convention, the court said.

      Friday’s ruling at the International Court of Justice (ICJ) does not deal with the core accusation of the case – whether genocide occurred – but will focus on the urgent intervention sought by South Africa."

      Also, statements by Israel are pretty fucking damning IMO:

      "20m ago 07.33 EST Judge Donoghue is detailing comments made by Israeli officials during the war, including:

      Defence minister Yoav Gallant saying he had ordered “complete siege” of Gaza City”, and later said “we will eliminate everything” and that Israel was fighting “human animals”.

      President Isaac Herzog saying, “It’s an entire nation out there that is responsible”."

      • fastandcurious@lemmy.world
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        10 months ago

        So is saying that we shouldn’t kill innocent humans ‘A big deal’

        Was the world up till now thinking that Palestinians are not humans?

        Are only Jews protected under the genocide convention?

        What the fuck is going on?

        • anlumo@lemmy.world
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          10 months ago

          Israel argued that because Jews were affected by a genocide, Israel is therefore unable to commit it themselves.

        • jordanlund@lemmy.worldOPM
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          10 months ago

          The tl;dr is:

          1. Palestinians are protected under the genocide conventions.
          2. Israel needs to take steps to ensure genocide is not being committed.
          3. Israel needs to improve humanitarian aid to Gaza.
          4. Come back in a month.
        • Alien Nathan Edward@lemm.ee
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          10 months ago

          So is saying that we shouldn’t kill innocent humans ‘A big deal’

          I know you’re being sarcastic, but yeah. The situation is so dire that having someone at least come out and say “This is wrong” is a net improvement.

        • DarkGamer@kbin.social
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          10 months ago

          Internet warriors distorted reality and made you believe self-defense is genocide. Although terrible, what the Palestinians are experiencing right now is nothing like what the Jews experienced in world war II, which is what the genocide statutes were written to address. Were they being forced into trains and worked to death or put into gas chambers, I guarantee you they would apply.

      • DarkGamer@kbin.social
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        10 months ago

        Palestinians are a national group and should qualify under the statutes, I didn’t think that was ever under question. Hamas, however, is a political group and therefore not protected. If those Israeli statements refer to them, I don’t believe they violate any statutes.

        Israel was fighting “human animals”.

        If this referred to Hamas militants, not Palestinians in general, it is not incitement to genocide.

        President Isaac Herzog saying, “It’s an entire nation out there that is responsible”.”

        An entire nation did in fact elect Hamas to power and to this day they enjoy popular support among Palestinians, which would in fact make them responsible for everything that followed from their leadership. Pointing this out is not incitement to violence against them.

        • Retrowizard@piefed.social
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          10 months ago

          Except Hamas is the excuse and was never the real target. The real target are and always have been the Palestinian people.

          The popularity of Hamas is a consequence of 70+ years of subjugation under control of the settlers. The genocide of Palestinians didn’t start 100+ days ago; it started with the Nakba.

          • DarkGamer@kbin.social
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            10 months ago

            Except Hamas is the excuse and was never the real target. The real target are and always have been the Palestinian people.

            Perhaps it seems that way because of the popular support of Hamas and intifada in Palestine, the fact that Hamas is comprised of Palestinians, and because they hide among civilians to maximize collateral damage.

            The popularity of Hamas is a consequence of 70+ years of subjugation under control of the settlers. The genocide of Palestinians didn’t start 100+ days ago; it started with the Nakba.

            And why did the Nakba happen? All the jew murdering. Jews started out legally buying lands until they were murdered and genocided and ethnically cleansed by Arab nationalists and neighboring Arab countries allied with Palestine. It’s incredible you see the constant aggressors as the victims.

            This is what happened when the shoe was on the other foot:

            For the first time in 1,000 years not a single Jew remains in the Jewish Quarter. Not a single building remains intact. This makes the Jews’ return here impossible

            “The operations of calculated destruction were set in motion. I Knew that the Jewish Quarter was densely populated with Jewish populations who caused their fighters a good deal of interference and difficulty. I embarked, therefore on shelling of the quarter with mortars creating harassment and destruction. Only for days after our entry into Jerusalem, the Jewish Quarter become their graveyard. Death and destruction reigned over it. As the down of May 28th was about to break, the Jewish Quarter emerged in convulsive cloud-a cloud of death and agony”

            https://en.wikipedia.org/wiki/Islamization_of_Jerusalem

            Yet somehow Israel is the bad guy and must be restrained, It is Israel who is genocidal for defending themselves, not the explicitly genocidal Hamas, not the constantly belligerent terrorists next door who target civilians and want to destroy Israel in whole in or in part.

            • SwampYankee@mander.xyz
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              10 months ago

              Your quote from the Jordanian commander dates to after the Nakba. There was significant intercommunal conflict in Mandatory Palestine because of the mismanagement of Jewish migration by Britain, and escalating tensions from the “legal” land purchases you mentioned that had been occurring since the late 1800s. Yes, Jews attempted to purchase and settle uninhabited land, but the fact is big chunks of the land purchased were misappropriated under the Ottoman Land Code, and European Jews frequently expelled (by force if the implication wasn’t clear) the Arab Muslims they found living on it, who may have had no idea it was sold out from under them.

            • Retrowizard@piefed.social
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              10 months ago

              And why did the Nakba happen? All the jew murdering.

              And that somehow justifies the displacement and genocide of the Palestinian people.

              Yet somehow Israel is the bad guy and must be restrained, It is Israel who is genocidal for defending themselves, not the explicitly genocidal Hamas, not the constantly belligerent terrorists next door who target civilians and want to destroy Israel in whole in or in part.

              Because it’s the Settlers that are commiting genocide.

              • DarkGamer@kbin.social
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                10 months ago
                • Starting a war and losing does in fact arguably justify annexation. Distance from those trying to murder you provides safety and security.
                • Peacefully living with Jews seems to have worked out pretty well for the Arabic 21% of Israel who stayed and currently enjoy full citizenship rights, it’s a shame those who left chose violence and continue to choose violence.
                • The only side that has committed genocide in this conflict or that to this day advocates for genocide in this conflict is the Palestinian side. I oppose genocide, which is why I stand with Israel.
        • jordanlund@lemmy.worldOPM
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          10 months ago

          The phrases "he had ordered ‘complete siege’ of Gaza City”, and later said “we will eliminate everything” sure doesn’t make it sound like they are interested in limiting it to Hamas.

          • breakfastmtn@lemmy.ca
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            10 months ago

            The siege is a war crime and most of the statements are straight genocidal. The Gallant quotes seem to have been from a poor translation by Bloomberg that spread everywhere – and used as evidence at the ICJ. They issued a correction a few days ago. He said “Gaza won’t return to what it was before. There will be no Hamas. We will eliminate everything.” That entire middle sentence was missing originally. He also said, “We are fighting human animals. This is the ISIS of Gaza.

          • DarkGamer@kbin.social
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            10 months ago

            Everything, not everyone. It sounds like he’s referring to destroying infrastructure, not people, but I’m not in his head so I could be wrong.

            • jordanlund@lemmy.worldOPM
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              10 months ago

              If your intent is to “eliminate everything”, that’s including non military targets, and would fall under Article II of the Genocide Convention:

              https://www.un.org/en/genocideprevention/genocide.shtml

              "In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

              a. Killing members of the group;
              b. Causing serious bodily or mental harm to members of the group;
              c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

              d. Imposing measures intended to prevent births within the group;
              e. Forcibly transferring children of the group to another group."

              • DarkGamer@kbin.social
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                10 months ago

                That’s assuming that he was being 100% literal. Even if he was, Hamas uses civilian infrastructure thereby making non-military targets into legal military targets. In this context, “eliminating everything,” doesn’t necessarily mean destroying protected sites illegally.

                More importantly, when it comes to operations and not merely statements, it’s very clear that Israel is quite selective about choosing targets, and they care if they are legal or not, they even built an AI for this purpose. They go to great lengths to try and minimize civilian deaths during their operations, taking far more precautions than I’m aware that any other country does. Info on how the IDF does this despite Hamas hiding among civilians can be found here.