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.
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