ICJ lands stunning blow on Israel over Gaza genocide charge
A different Biden approach could have shaped war efforts and prevented this from happening in the first place
BY TRITA PARSI | RESPONSIBLE STSTECRAFT | JANUARY 26, 2024
The International Court of Justice (ICJ) just ruled against Israel and determined that South Africa successfully argued that Israel’s conduct plausibly could constitute genocide. The Court imposes several injunctions against Israel and reminds Israel that its rulings are binding, according to international law.
In its order, the court fell short of South Africa’s request for a ceasefire, but this ruling, however, is overwhelmingly in favor of South Africa’s case and will likely increase international pressure for a ceasefire as a result.
On the question of whether Israel’s war in Gaza is genocide, that will still take more time, but today’s news will have significant political repercussions. Here are a few thoughts.
This is a devastating blow to Israel’s global standing. To put it in context, Israel has worked ferociously for the last two decades to defeat the BDS movement — Boycott, Divestment, and Sanctions — not because it will have a significant economic impact on Israel, but because of how it could delegitimize Israel internationally. However, the ruling of the ICJ that Israel is plausibly engaged in genocide is far more devastating to Israel’s legitimacy than anything BDS could have achieved.
Just as much as Israel’s political system has been increasingly — and publicly — associated with apartheid in the past few years, Israel will now be similarly associated with the charge of genocide. As a result, those countries that have supported Israel and its military campaign in Gaza, such as the U.S. under President Biden, will be associated with that charge, too.
The implications for the United States are significant. First because the court does not have the ability to implement its ruling. Instead, the matter will go to the United Nations Security Council, where the Biden administration will once again face the choice of protecting Israel politically by casting a veto, and by that, further isolate the United States, or allowing the Security Council to act and pay a domestic political cost for “not standing by Israel.”
So far, the Biden administration has refused to say if it will respect ICJ’s decision. Of course, in previous cases in front of the ICJ, such as Myanmar, Ukraine and Syria, the U.S. and Western states stressed that ICJ provisional measures are binding and must be fully implemented.
The double standards of U.S. foreign policy will hit a new low if, in this case, Biden not only argues against the ICJ, but actively acts to prevent and block the implementation of its ruling. It is perhaps not surprising that senior Biden administration officials have largely ceased using the term “rules-based order” since October 7.
It also raises questions about how Biden’s policy of bear-hugging Israel may have contributed to Israel’s conduct. Biden could have offered more measured support and pushed back hard against Israeli excesses — and by that, prevented Israel from engaging in actions that could potentially fall under the category of genocide. But he didn’t.
Instead, Biden offered unconditional support combined with zero public criticism of Israel’s conduct and only limited push-back behind the scenes. A different American approach could have shaped Israel’s war efforts in a manner that arguably would not have been preliminarily ruled by the ICJ as plausibly meeting the standards of genocide.
This shows that America undermines its own interest as well as that of its partners when it offers them blank checks and complete and unquestionable protection. The absence of checks and balances that such protection offers fuels reckless behavior all around.
As such, Biden’s unconditional support may have undermined Israel, in the final analysis.
This ruling may also boost those arguing that all states that are party to the Genocide Convention have a positive obligation to prevent genocide. The Houthis, for instance, have justified their attacks against ships heading to Israeli ports in the Red Sea, citing this positive obligation. What legal implications will the court’s ruling have as a result on the U.S. and UK’s military action against the Houthis?
The implications for Europe will also be considerable. The U.S. is rather accustomed to and comfortable with setting aside international law and ignoring international institutions. Europe is not.
International law and institutions play a much more central role in European security thinking. The decision will continue to split Europe. But the fact that some key EU states will reject the ICJ’s ruling will profoundly contradict and undermine Europe’s broader security paradigm.
One final point: The mere existence of South Africa’s application to the ICJ appears to have moderated Israel’s war conduct. Any plans to ethnically cleanse Gaza and send its residents to third countries appear to have been somewhat paused, presumably because of how such actions would boost South Africa’s application. If so, it shows that the Court, in an era where the force of international law is increasingly questioned, has had a greater impact in terms of deterring unlawful Israeli actions than anything the Biden administration has done.
Trita Parsi is the co-founder and Executive Vice president of the Quincy Institute for Responsible Statecraft.
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January 27, 2024 - Posted by aletho | Ethnic Cleansing, Racism, Zionism, Timeless or most popular | ICJ, Israel, Palestine, United States, Yemen, Zionism
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The Lies Behind the Oklahoma City Bombing
By Richard Booth | The Libertarian Institute | August 18, 2024
Despite the seemingly simple conclusion behind the 1995 Oklahoma City Bombing, the investigation was exceedingly complicated. To this day, it is still the FBI’s most massive investigation, comprised of millions of pages of evidence. Careful analysis of this paper trail shows that the official narrative of the FBI and ATF is in fact a half-truth that ignores findings supported by the records. The FBI and ATF’s positions are frequently backed up with misleading statements, and in some instances, total fabrications.
In an honest investigation, there would be no reason to concoct and disseminate lies. If we believe that the FBI and ATF investigations were fair and legitimate, then we would expect to not find so many blatant examples of dishonesty. Yet, they exist: one after another, often repeated, and affirmed as truth. Some lies are small, others large. But what they have in common is a systemic problem that speaks to the very integrity of the agencies tasked with investigating this crime. The FBI is not a person suffering from a disorder that causes delusions. If an FBI or ATF official is formulating a lie, or propagating an extant lie, there is an objective.
All too often, it appears that the aim of these agencies is to conceal an inconvenient truth, to hide something that may otherwise invalidate the official narrative or camouflage something too heinous for the public to accept. Federal agencies’ overall deceptive pattern points to shared complicity or guilt, which should be of great concern.
In this essay we’ll examine some of the lies and wrongdoing that officials at the FBI and ATF have engaged in regarding their investigation(s) of the Oklahoma City bombing. I have uncovered half a dozen examples throughout investigating this case. Initially, I did not go out of my way looking for deception. It was something I continually discovered naturally. In some cases, the lies may be related to one another and will provide insight and clarity about what happened on the morning of April 19, 1995. … continue
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