Can Israel Ignore World Court's Order? Experts Weigh in on ICJ Genocide Case

Summary

The International Court of Justice ruled that Israel should prevent further loss of life in Gaza, citing a 'plausible risk' of genocide against Palestinians. The court ordered provisional measures but stopped short of demanding an immediate ceasefire. The ruling referenced statements by Israeli officials demonizing Palestinians and calling for their destruction. It also noted the dire humanitarian conditions in Gaza - lack of food, water, healthcare. While the court said Israel has taken some steps, these are 'insufficient to remove the risk' of irreparable harm before a final ruling. Israel dismissed the genocide claim but participated in the proceedings, showing the decision's significance.

Takeaways

• 😳 The International Court of Justice ruled that Israel has plausibly committed genocide in Gaza based on intent and actions.
• 😢 The humanitarian situation in Gaza is catastrophic - lack of food, water, healthcare with deaths expected to increase.
• ⚖️ The ICJ ordered Israel to prevent further genocide under international law though didn't call for immediate ceasefire.
• 😠 Israel's Defense Minister referred to Palestinians as 'animals' and compared Hamas to ISIS, evidence of genocidal intent per the ruling.
• 😤 Prime Minister Netanyahu rejected the genocide accusation and said Israel has a right to self-defense.
• 😔 The ICJ noted Israel's steps to alleviate conditions in Gaza are 'insufficient' to prevent further loss of life.
• 💪🏼 The 2004 ICJ ruling declaring the separation wall illegal led to the BDS movement when the international community failed to enforce it.
• 🔬 The ruling establishes a risk of Israel committing genocide - both in statements of genocidal intent and in actions on the ground.
• 🇺🇸 A lawsuit in the U.S. calls on Biden to halt military aid to Israel based on legal duty to prevent genocide.
• 😱 The ICJ emphasized the extreme vulnerability of Palestinians in Gaza, with humanitarian collapse expected soon.

Q & A

What did the UN Secretary General warn about in his December 2023 letter regarding the humanitarian situation in Gaza?

The UN Secretary General warned about the healthcare system in Gaza collapsing, public order breaking down completely due to desperate conditions, and a severe risk of the collapse of the entire humanitarian system.

What statement did the UN Relief Agency Commissioner General make after his January 2024 visit to Gaza?

He stated that 'every time I visit Gaza I witness how people have sunk further into despair with the struggle for survival consuming every hour'.

How many deaths and injuries did the ICJ state resulted from Israel's military operation in Gaza since October 2023?

The ICJ stated Israel's military operation resulted in tens of thousands of deaths and injuries.

What vital infrastructure did the ICJ say was destroyed in Gaza by Israel's military operation?

The ICJ noted the destruction of homes, schools, medical facilities and other vital infrastructure in Gaza.

What percentage of women giving birth in Gaza are expected to experience complications according to the World Health Organization?

The World Health Organization estimated that 15% of women giving birth in Gaza are likely to experience complications.

What did the ICJ state many Palestinians in Gaza currently lack access to?

The ICJ stated many Palestinians lack access to basic foodstuffs, portable water, electricity, essential medicines, heating.

What warning did the ICJ issue regarding the humanitarian situation deteriorating further?

The ICJ warned that the catastrophic humanitarian situation in Gaza is at serious risk of deteriorating further before the court renders its final judgment.

What steps did the ICJ note Israel has taken regarding Gaza's humanitarian crisis?

The ICJ noted Israel stated it has taken some steps to address and alleviate the conditions faced by Gazans.

What did Israel's Attorney General recently state regarding calls for intentional harm to civilians?

Israel's Attorney General stated such calls may amount to criminal offenses including incitement.

What did the ICJ rule was insufficient regarding Israel's stated steps to help Gazans?

The ICJ ruled such steps were insufficient to remove the risk of irreparable prejudice before the court issues its final decision.

Outlines

00:00

😡 ICJ Finds Plausible Risk of Israeli Genocide in Gaza; U.S. Must Act

The International Court of Justice rules there is a plausible risk Israel is committing genocide in Gaza based on statements by Israeli officials and the scale of killing and destruction. The court calls on Israel to prevent further acts of genocide though it's expected Israel will ignore the ruling. There are implications for U.S. support of Israel, with a case in California citing the U.S.'s obligation to prevent genocide under international law.

05:01

😡 Global BDS Movement Must Grow to End Israeli Impunity

Israel will likely disregard the ICJ ruling so it becomes critical to bring it to the UN Security Council for enforcement. In the meantime, the global BDS movement calling for boycotts, divestment and sanctions of Israel must expand to finally end Israeli impunity.

10:02

😡 Ruling Quotes Horrific Humanitarian Conditions in Gaza

The ICJ ruling extensively quotes UN officials describing the horrific humanitarian catastrophe unfolding in Gaza - lack of food, water, medicine, hygiene, hospitals, homes. The court says Israel's evacuation orders further the conditions leading to physical destruction of Palestinians.

15:02

😡 Gaza Population Extremely Vulnerable; Israel Steps Insufficient

The ICJ notes the Gaza population remains extremely vulnerable despite some steps by Israel. The humanitarian situation risks deteriorating further before the court's final judgment. Maternal mortality expected to rise without medical access.

Keywords

💡genocide

Genocide refers to the deliberate killing or causing serious harm to members of a national, ethnic, racial or religious group, with the aim of destroying that group. The video focuses on allegations that Israel is committing genocide against Palestinians in Gaza. The UN's International Court of Justice found a 'plausible risk' that Israel is committing genocide in Gaza, based on evidence of statements of genocidal intent by Israeli leaders and the devastating impact of Israel's military actions on civilians in Gaza.

💡International Court of Justice (ICJ)

The ICJ is the principal judicial organ of the United Nations. It rules on legal disputes submitted by states and gives advisory opinions on legal issues referred to it by authorized UN organs. In this video, the ICJ ruled that Israel should take measures to prevent genocide against Palestinians in Gaza, though it stopped short of ordering an immediate ceasefire.

💡ceasefire

A ceasefire is an agreement to stop fighting and military operations. The ICJ ordered provisional measures for Israel to prevent genocide in Gaza, but did not explicitly call for an immediate ceasefire between Israel and Palestinian militant groups. However, its ruling implies a ceasefire is necessary to prevent further loss of life.

💡humanitarian crisis

A humanitarian crisis refers to a serious disruption of living conditions and basic services, posing a threat to health, safety and wellbeing of a community. The video describes a severe humanitarian crisis in Gaza resulting from Israel's military operations, including shortages of food, water, shelter and healthcare.

💡displacement

Displacement means forced migration or removal of people from their homes and communities. The ICJ noted Israel's evacuation orders displaced nearly 2 million Palestinians in Gaza, contributing to inhumane living conditions that put civilian lives at risk.

💡genocidal intent

Genocidal intent refers to statements or actions demonstrating an intent to destroy a protected group. The ICJ cited dozens of public statements by Israeli leaders portraying Palestinians as subhuman and expressing desire to eliminate them, as evidence of genocidal intent.

💡self-defense

Self-defense refers to the use of force to protect oneself from attack. Israel claimed its military actions in Gaza were self-defense against Palestinian militant rocket attacks. However, the extent of civilian suffering in Gaza raises doubts about proportionality of Israel's response.

💡impunity

Impunity means exemption from punishment for crimes committed. The video argues international inaction allows Israel to continue military operations in Gaza with impunity, without accountability for potential war crimes.

💡BDS movement

BDS refers to the Boycott, Divestment and Sanctions movement that advocates nonviolent economic pressure on Israel to end occupation of Palestinian territories. The video suggests growing the BDS movement can counter Israel's impunity and press for compliance with international law.

💡war crimes

War crimes are serious violations of international humanitarian law committed during armed conflict. Though not explicitly mentioned, the context implies Israel may have committed war crimes through disproportionate and indiscriminate attacks on Gaza civilians.

Highlights

The ICJ found a plausible risk of Israel committing genocide in Gaza and ordered measures to stop it.

The ICJ president quoted Israel's defense minister calling Palestinians 'animals' and comparing Hamas to ISIS.

The ICJ emphasized Israel's statements of genocidal intent by leaders over time as an indicator of genocide.

The ICJ called Israel's evacuation orders genocidal to displace and bomb Palestinians under siege.

The ICJ described catastrophic conditions in Gaza from the blockade with growing deaths.

The UN warned of collapsing healthcare, lack of food and water, and risk of epidemics in Gaza.

The ICJ said Israel's steps are insufficient to remove the risk of irreparable harm in Gaza.

The US faces growing pressure on its duty to prevent genocide and cut military aid to Israel.

A lawsuit in the US cites the ICJ ruling to block further US aid facilitating Israel's acts.

Netanyahu rejected the ICJ genocide claim as false and outrageous.

The ICJ quoted the UN that the Gaza humanitarian system faces collapse with huge implications.

The UN warned of a severe risk of the situation deteriorating into a catastrophe in Gaza.

The UN said maternal and newborn death rates will increase in Gaza due to lack of healthcare.

The ICJ said tens of thousands have been killed, injured, displaced in Gaza amid the destruction.

Israel's PM said the months-long war in Gaza will continue regardless of the ICJ decision.

Transcripts

here on Democracy Now democracynow.org

the waren peace report I am Amy Goodman

the international court of justice the

un's highest court has found a plausible

risk Israel's committing genocide in

Gaza and ordered provisional measures

but stop short of calling for an

immediate ceasefire this is the

president of the Court Joan Donahue

reading out the vote of part of the

ruling by 15 votes to two the state of

Israel shall in accordance with its

obligations under the convention on the

prevention and Punishment of the crime

of genocide in relation to the

Palestinians in Gaza take all measures

within its power to prevent the

commission of all acts within the scope

of article two of the convention in

particular 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 and D imposing measures

intended to prevent births within the

group over a one-hour ruling the

international court of justice president

Joan donah who in the hay quoted

Israel's defense minister yav Galant

saying that as the war got underway

Galant had said we have removed all

restraints we will eliminate everything

referring to Palestinians as animals

judge Donahue continued Galant went on

to describe Hamas as comparable to the

Islamic State after proceedings

concluded today the South African

government said it welcomed the icj's

decision uh we're continuing with our

guests right now Dian buhu Palestinian

human rights attorney in hia Israel RZ

seagull Israeli historian and professor

of Holocaust and genocide studies

Stockton University joining us from

Philadelphia and Mahmud mandani

professor of government at Columbia

University specializing in the study of

colonialism di Buu if you can talk about

um what exactly the Tim table is right

now and the true level of enforcement um

that the icj or even the United Nations

overall has and go back to using as a

reference your involvement with the 2004

decision where the icj ruled the

separation wall that Israel built in the

occupied territories

illegal well let's first start with this

particular case I think it's important

to keep in mind that uh just last week

prime minister netan said that nothing

is going to stop him not the icj not the

heg nobody is going to stop him and that

he's going to continue to pursue ahead

and of course the reason he's doing this

is um in part because he is genocidal

and in large part because he knows that

that uh the minute that the that his the

attacks on Gaza are over that his um his

term in office is also over because of

the internal descent inside Israel and

the reason that this is important is

because it's it's I we haven't heard yet

what Israel's going what they've said

but judging by that it means that

they're going to ignore this ruling and

if they ignore this ruling it then

becomes imperative um upon the member

states to take this decision to the UN

Security Council to have the ruling

enforced at the security Council level

and it becomes really a question of

whether the United States is going to

veto or abstain or what exactly it's

going to do I can tell you in terms of

what happened in 204 2004 was a very

different case it was an advisory

opinion uh it wasn't a case in of the

same type and in 2004 Israel took the

exact same position that it wasn't going

to stop the construction of the wall in

fact it accelerated it and uh but part

of the decision indicated that there are

there are other states third States

other countries that are also obliged to

make sure that Israel upholds

international law and that was the part

that the where the world failed and out

of that this is where we saw the BDS the

boycott divestment sanctions movement

ended up being recreated or

reconstituted um on the one-year

anniversary of the icj ruling so in 2005

and the reason that it came together was

because they expected we expected that

the world was going to come forward and

do something to make sure that the

advisory opinion was upheld and enforced

but instead they did nothing so once

again we're going to see that we will

likely see that Israel is going to

ignore this ruling it's then imperative

to take it to to the UN Security Council

but all the while it's very important

that we continue the to boycott Israel

to divest from Israel and to push for

sanctions that the global BDS movement

should be growing at this point to make

sure that the age of Israeli impunity

finally comes to an end R seagull um if

you can talk about uh the aspects of

genocide you write the crime of genocide

as two elements

intention and execution and what Joan

Donahue the head of the court at least

for another few weeks um read in terms

of the decision for uh what constitutes

genocide and what this NE means as an

Israeli historian who lives in the

United States while Israel um tried to

say this doesn't matter the fact is they

participated in this clearly showing it

matters a great deal to them and also

what it means for the United States

support for Israel and what's happening

today with this court

finding yeah so I think that it was very

important that uh uh the court uh um

quoted uh some of the statements of

intent and it's it's again important to

emphasize that we're talking about

dozens of statements of intent to

destroy Palestinians intent to destroy

in the language of the UN convention uh

and by people with what's called an

international law command Authority so

State leaders War cabinet ministers

senior army officers and these

statements were made over time so not

just a week or two after the 7th of

October Hamas Le attack but over time

actually until today when we think about

what uh uh prime minister netan said on

13th of January when he said that Israel

attack will continue whatever happens in

the heag he also reiterated uh the

portrayal of Palestinians uh as Nazis

for example right which is a basically a

mechanism of demonization a mechanism

that uh uh portrays all Palestinians uh

uh in Gaza as legitimate military

targets so these statements of intent

again dozens of statements over time by

people with command Authority filled

with demiz ing uh language right Human

animals monsters which historically we

know are indicators of genocide so I

think it was very significant that the

court um uh mentioned and quoted some of

these uh statements to emphasize that

it's not as uh Israel uh tried to argue

that it's not something that we can uh

disregard that it's actually a key

element of the crime uh of genocide and

we should be paying attention uh uh to

this this but then it also emphasized a

number of times actually the really

unprecedented scale of killing and

destruction uh on the ground the

catastrophic uh uh situation that

Palestinians are facing now um and in

this situ in this uh context I think

it's very important to say that the

court basically accepted uh South

Africa's argument that Israel's qu

evacuation orders are not actually as

Israel claimed humanitarian measures but

they're actually genocidal in essis then

there that means that they are meant

which is what they did to displace

millions of people almost two million

Palestinians well virtually almost all

the Palestinians uh in the Gaza Strip

and under uh uh intensive bombings and

we know that Israel also bombed

Palestinians fleeing on routs that it

designated as safe it also bombed

Palestinians in the southern part of the

strip uh early on which it designated as

safe and of course under the the

conditions of the total Siege where we

today indeed this this measure did what

it was intended to do right it created

famine it created the spread of

infectious uh disease uh it created a

population that has no access to clean

water has no fuel has no medical supply

it destroyed all the all the

universities in Gaza destroyed a

majority of the hospitals it destroyed

agricultural land it targeted cultural

uh uh sites everything that we know

historically that happens uh uh in

genocide um and with this this massive

displacement that is now we know that

even if the Israel's attack stops now

many many Palestinians will continue to

die of these conditions of life again if

to quote the convention that Israel

deliberately created in order to bring

about the physical destruction of the

group in whole or in part so I thought

that it was very important that the

ruling actually quoted and emphasized

both issues of intent and the uh

dynamics of violence and the conditions

uh um that we see now on the ground this

is very very significant again the court

is saying that it there is plausibility

that Israel is likely commit has

committed and is committing acts of

genocide in Gaza and what this means for

the United States Professor

seagull yeah well I mean uh um and that

the deliverer of the message of course

the head the court is an

American yeah I think that

uh you know it's difficult it's

difficult to say and I'm you know I'm

curious uh to see how the US state will

respond I think that I'm very curious to

see as I said in the next few hours I

mean beginning at noon uh uh today

eastern time the case in California

right uh uh because now the judge there

has the icj ruling so the judge knows

that the world court has ruled that

Israel is likely committing uh genocide

I think that uh um I think that there

will be growing pressure uh also on the

US in this sense um it's it's difficult

to to to say what the US will do but we

do know actually that in the in Europe

there are more and more States not not

Germany but more and more states that uh

uh have already said and will in various

ways need to abide uh by the court

ruling which may be very significant in

terms of obstructing arms deals refusing

to facilitate transfer of arms to Israel

through uh Europe and various other

measures uh uh um you know I think that

as I said before and any company any

University any state around the world

now right knows that Israel is likely

committing genocide so the isolation of

Israel and I hope that we'll also be

seeing more and more calls for direct

cutting of TI with Israel academic

boycotts uh uh in the US uh so while the

US state will definitely try you know to

ignore uh the rolling uh and we already

see the headline in New York Times today

right now by the way if people are

following right which which frames this

as the court did not issue an order for

ceasefire right which which ineff it

actually did because if it you know as

as professor mamdani said if it ordered

right that Israel should cease from

genocidal acts if it ordered that Israel

should facilitate the entry of

humanitarian Aid it actually said you

have to cease fire because otherwise

there's no ways of doing that right so

the I think that the US if to judge by

the New York Times right now will try to

ignore this uh as much as possible but I

think that the pressure is going to be

we're just the beginning of the pressure

building uh up on this issue um so I

think we we we might see some

significant moves on on this front as

well the court case you're referring to

in Oakland today which will be fueled by

the international court of justice um uh

response from the ha the center for

constitutional rights brought the

lawsuit against President Biden accusing

him of failing to follow his obligations

under International and US law to

prevent the genocide in Gaza the

complaint brought on behalf of

Palestinians including res idents of

Gaza um who are asking a federal court

uh asking a federal court to let's see

if I can read this um a federal court to

intervene uh to block Biden US Secretary

of State Anthony blinkin and defense

secretary Lloyd Austin from providing

further military funding arms and

diplomatic support to Israel Katherine

Gallagher a senior attorney for the

center of Constitution U rights and one

of the lawyers who brought the case said

in a statement the United States has a

clear and binding obligation to prevent

not further genocide so far they've

failed in both their legal moral duty

and considerable power to end this

horror they must do so now that's the

court case that's happening in a few

hours in Oakland I also wanted to read

the response of prime minister Benjamin

Netanyahu I'm reading from an article in

hararat the Israeli newspaper

he said the decision by the icj quote

rightly rejected the outrageous demand

to deny Israel the right to basic

self-defense to which it's entitled as a

country according to him quote the very

claim that Israel's committing genocide

against Palestinians is not just false

it's outrageous and the Court's

willingness to discuss it at all is a

mark of disgrace that will not be erased

for Generations I want to go back to

Professor mdan but first play more of

the uh Court decision as read out by the

chief judge of the international court

of justice Joan

Donahue during the ongoing conflict

senior United Nations officials have

repeatedly called attention to the risk

of further deterioration of conditions

in the Gaza Strip the court takes note

for instance of the letter dated 6th

December 202 3 whereby the Secretary

General of the United Nations brought

the following information to the

attention of the security Council I

quote the Health Care system in Gaza is

collapsing nowhere is safe in Gaza amid

constant bombarding by the Israel

Defense Forces and without shelter or

the essentials to survive I expect

public order to break to completely

breakdown soon due to the desperate

conditions rendering even limited

humanitarian assistance impossible an

even worse situation could unfold

including epidemic diseases and

increased pressure for Mass displacement

into neighboring

countries we are facing a severe risk of

collapse of the humanitarian system the

situation is fast deteriorating into a c

catastrophe with potentially

irreversible implications for

Palestinians as a whole and for peace

and Security in the regon region such an

outcome must be avoided at at all costs

end of

quote on 5 January 2024 the Secretary

General wrote again to the security

Council providing an update on the

situation in the Gaza Strip and

observing that I quote sadly devastating

levels of death and destruction continue

end of quote the court also takes note

of the 17 January 2024 statement issued

by the unra commissioner General upon

return from his fourth visit to the Gaza

Strip since the beginning of the current

conflict in Gaza I quote every time I

visit Gaza I witness how people have

sunk further into despair with the

struggle for survival consuming every

hour end of

quote the court considers that the

civilian population in the Gaza Strip

remains extremely vulnerable it recalls

that the military operation conducted by

Israel after 7 October 2023 has resulted

inter Alia in tens of thousands of

deaths and injuries and the destruction

of homes schools medical facilities and

other vital infrastructure as well as

displacement on a massive scale the

court notes that the operation is

ongoing and that the prime minister of

Israel announced on 18 January 2024 that

the War I quote will take many more long

months end of quote at present many

Palestinians in the Gaza Strip have no

access to the most basic food stuffs

portable water electricity essential

medicines or

heating the World Health Organization

has estimated that

15% of the women giving birth in Gaza

Strip are likely to experience

complications and indicates that

maternal and newborn death rates are

expected to increase due to the lack of

access to Medical

Care in these circumstances the court

considers that the catastrophic

humanitarian situation in the Gaza Strip

is at serious risk of deteriorating

further before the court renders its

final

judgment the court recalls Israel's

statement that it has taken certain

steps to address and alleviate the

conditions faced by the population in

the Gaza Strip the court further notes

that the Attorney General of Israel

recently stated that a call for for

intentional harm to civilians May amount

to a criminal offense including that of

incitement and that several such cases

are being examined by Israeli law

enforcement authorities while such steps

are to be encouraged they are

insufficient to remove the risk that

irreparable prejudice will be caused

before the court issues its final

decision in the case Joe Joan Donahue is

the chief judge of the international

court of justice

the un's highest court reading out the

decision of the icj at the

hag