How unprecedented was the ICJ ruling on Gaza genocide case?
Summary
TLDRThe International Court of Justice issued a historic, sweeping ruling calling on Israel to cease acts that could constitute genocide against Palestinians in Gaza. The court went further than expected, calling for an end to incitement and preservation of life. While the ruling doesn't explicitly demand a ceasefire, complying would require Israel to halt most military actions. The decision further isolates Israel, strengthens the US case that the war should end, and builds pressure to resolve the conflict. Israel must now submit reports on complying, while further court cases, UN action, and negotiations will unfold over years. But the clear finding that Israel likely committed war crimes and genocide marks an unprecedented condemnation.
Takeaways
- 😯 The ICJ ruling went further than expected, calling on Israel to stop incitement and acts that could constitute genocide
- 😲 The ruling was near unanimous, with only the Ugandan judge dissenting
- 🤔 The ruling helps the US argument that the war needs to end soon
- 😠 The ruling increases the rift between Israel and Biden
- 😀 The ruling calls for preserving evidence of potential genocide
- 🎯 The ruling requires Israel to report in a month on actions taken to stop genocide
- 🔥 The ruling puts pressure on Israel in negotiations with Bill Burns
- ⚖️ The ruling affects other court cases against Israel
- 😕 A final genocide ruling could take 3-4 years
- 😃 The ruling tells Israel to stop most of what it's doing in the war
Q & A
What was surprising about the strength of some of the court's decisions?
-The court called on Israel to stop all incitement, which is telling the Israeli government to 'shut up', and called for the end of all genocidal acts by the Israeli military. These decisions were stronger than expected.
Why did the court use a narrow interpretation of the genocide convention?
-By using a narrow interpretation, the court made the decision stronger and harder to refute, aiming for a sense of unanimity in following the letter of the law.
How could this ruling put pressure on the US?
-The ruling will go to the UN Security Council for implementation, which will put pressure on the US as a member to help enforce it.
How could this help US envoy Bill Burns?
-Burns can use the ruling to strengthen his hand in negotiations with Israel over a ceasefire and increasing humanitarian assistance.
Why didn't the court explicitly call for a ceasefire?
-By not using the exact word 'ceasefire', the court likely aimed for a stronger, near-unanimous decision. The measures still imply stopping most conflict.
What is Israel now required to do regarding evidence of genocide?
-Israel must preserve all evidence of genocide, letting Palestinians gather evidence of crimes, and report everything done to stop genocide in a month.
What was the argument against Israel submitting to this ruling?
-A famous American lawyer argued Israel should not have submitted, since the ruling is highly embarrassing and requires actions Israel won't want to take.
What actions will result from the ruling?
-In addition to UN Security Council actions, there will be international court cases and actions. The ultimate genocide ruling may take 3-4 years.
How does the ruling relate to Biden's case against Israel in US courts?
-It's not clear if the ICJ ruling will directly impact Biden's US case, but it helps strengthen the argument that the war needs to end.
Why did only the Ugandan judge vote against parts of the ruling?
-It's not clear why the Ugandan judge disagreed. It may relate to Uganda's positions backing Israel.
Outlines
😮💨 Heated debate on Israel-Palestine conflict and ICJ ruling
Paragraph 1 summarizes a debate between a professor and journalist regarding an International Court of Justice ruling against Israel related to the conflict in Palestine. They discuss the implications of the ruling, Israel's response, pressure on the U.S., and impact on negotiations and the overall conflict.
🤔 Explanations on why ICJ avoided explicit ceasefire language
Paragraph 2 analyzes why the ICJ avoided explicitly demanding a ceasefire in their ruling against Israel, though effectively requiring one. The professor suggests they maintained ambiguity to strengthen perceived legal basis and unanimity of the decision.
Mindmap
Keywords
💡international court of justice
💡genocide
💡ceasefire
💡incitement
💡provisional measures
💡humanitarian assistance
💡Security Council
💡advisory opinion
💡evidence of genocide
💡dispute resolution
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Transcripts
William Lawrence he's a professor of
political science and international
Affairs at American University Professor
great to see you tell me what do you
make of this
ruling it's historic it's unprecedented
it went further than I thought it would
uh my largest concern and I not a lot of
people know this but I have a PhD in
international law although I'm not a
lawyer I'm a professor of Science in
international Affairs but
the what I thought if the if the court
was going to try to dodge they were
going to dodge um on a kind of
technicality that South Africa hadn't
done enough to try to resolve the
dispute before taking it to the court
and they were categoric on this I was
surprised by the strength of some of the
decisions they basically called on
Israel to stop all incitement that's
telling the Israeli government to shut
up uh that was unprecedented I was
surprised um that they called for the
end of all genocidal acts which are much
of what the Israeli uh military are
doing uh if you look at the full
definition just I don't acts uh many of
the actions the military taking fall
within uh the genocidal convention um I
was I did not think they would go so far
as to ceasefire although they didn't
articulate why they did take a narrow
interpretation to to some degree of the
genocidal convention but courts often do
that in order to to to make it a
stronger decision that's harder to
refute and the fact that the Israeli
judge went along with several of these
decisions was very important only the
Ugandan judge I think uh checking over
the list of the name of the judge was
the one voting no I have no idea why um
uh and now it goes not only to the um to
the UN Security Council for
implementation uh which will put a lot
of pressure on the US and hopefully
they'll get to at least an exstension
like they did before in the next
decision which will add some teeth to
this but it helps Bill Burns in his
negotiations in Europe um for a new
ceasefire hostage exchange and
increasing humanitarian assistance
because he can say uh to the Israeli
um objections look you just lost in the
court and you've got to work with me
better than you've been working with me
before um uh I don't know if the Biden
case you know in the US court which is
very important and this will affect it
um will have much um uh uh effect on
Biden's positions but a lot of other
these other things will including this
decision on his own actions and now the
case that the US has been making
privately to Israel um since November
this war needed to end by the end of
calendar year 2023 the hot phase of the
war or in January will become a stronger
case and the rift between Netanyahu and
Biden will grow now Professor there was
there was some very strong uh legal
language going on there and I'm sure
many were not able to understand what uh
the president of the international court
of justice meant when she used some very
difficult legal words I just want to
take your thoughts on this uh as I
understand the court did not use the
word ceasefire although it did said it
did it did say that it calls uh for the
preservation of life in Gaza so what's
your reading here what exactly did the
court say about the ongoing fighting in
Gaza it said basically that the Israelis
are doing everything wrong and and and
it also told them to shut up uh with the
reference to incitement in terms of
encouraging uh their soldiers uh uh to
do everything wrong as they've been
doing uh it's unprecedented yes they
didn't call for ceire yes uh your guest
um next to you is right in that respect
but in order to fulfill all of the
actions required under the genocidal
convention you pretty much have to have
most of the conflicts stop in most
places most of the time and in most of
the ways Israel's been doing it of
course implementing it is is is more
difficult without a ceasefire but the
Americans want a ceasefire they forced
it a ceasefire um on November 24th and
two extensions of it against um Israel's
preferences and uh while the Americans
instead of ordering Israel to have a
ceasefire are trying to convince isra of
the ceasefire uh um this helps their
case in a in an important
way but Professor this is what I failed
to understand uh the icj called for a
ceasefire when it came to when it comes
to Russia and Ukraine even though the
human suffering uh in Russia Ukraine war
was far less when you compar it to
what's going on in Gaza right now so I
mean uh what's your assessment why do
you think the court did not use the word
seire
here to have a stronger decision on a
narrow interpretation so you might have
ended up with with nine to seven votes
things like that you know which which
would then give Israel a platform and
others maybe this Uganda judge I don't
know what the position of the state of
Uganda is but you know those those that
are goinging to back is just saying look
you have a split decision you know is
barely in favor of of all of these
measures um what what courts often try
to do is create um a sense of unanimity
when they can or near unanimity um that
they're really following the letter of
the law I mean the Gen the the genocidal
convention doesn't call for ceasefires
you know systematically or in all cases
those happened in those previous cases
but um uh you you you get an excellent
set of arguments for a ceasefire from
this decision and you're getting
16 to1 votes with the Israelis involved
that's the very powerful and then it has
much more standing at the UN Security
Council and internationally and in
particular with the Americans who are
the ones holding the golden key that can
bring this uh this war to an end now
Professor the court has announced some
provisional measures along with that the
court has also asked Israel to submit a
report can you explain this whole
process to us what happens from this
point
onwards let me also just say quickly
that um the famous American lawyer DT
said Israel had not should not have
submitted to this ruling and his
argument was correct in the sense that
Israel is highly embarrassed here uh and
should be and needs to take a bunch of
actions including preserving all
evidence of genocide meaning anytime
they do anything they are required to go
in or let others go in Palestinians un
workers and gather evidence of
commission of crimes of genocide and
they have to give a report in in a month
of everything they did to stop the
genocide um uh as I said a minute ago
the most important actions is in Europe
right now with Bill Burns negotiations
we will also have Security Council
actions and we will also have a whole
set of international um um actions other
court cases as your guest next to you
said which are important um but on a
slower time scale the ultimate finding
of genocide will probably take three or
four years uh but that doesn't mean that
Israel's been told you're waging this
war all wrong you're taking plausibly
illegal acts and you must stop most of
what you're doing Professor William
Lawrence it's always a pleasure talking
to you sir thank you very much for
talking to us here on trt world
تصفح المزيد من مقاطع الفيديو ذات الصلة
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شاهد .. لحظة إعلان قرار محكمة العدل الدولية بشأن اتهام إسرائيل بارتكاب إبادة جماعية في غزة
UN court rules Israel must prevent genocidal acts in Gaza | BBC News
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