In a devastating opinion issued on Friday (July 19), the International Court of Justice (one of the six organs of the United Nations, also known as the World Court) condemned as illegal Israel’s presence, and its behavior, in the Occupied Palestinian Territory (the West Bank, East Jerusalem and the Gaza Strip) ever since they were first militarily occupied in 1967. The case, “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” was initiated by a request from the UN General Assembly in 2022.
This was, of course, prior to the attacks by Hamas and other militants on October 7, 2023, and Israel’s extraordinarily violent and ongoing military response, in which, according to a recent assessment, it would be reasonable to expect that the final death toll, even if hostilities ended tomorrow, would be no less than 186,000 Palestinians, most of them civilians. Israel’s actions are subject to a separate case brought to the ICJ by South Africa, in which the Court first issued “provisional measures” against Israel in January, on the basis that what it has initiated and is engaged in is a “plausible genocide.”
What the Court decided, and how the judges voted
The 15-member court, whose judges are drawn from across the member states of the United Nations, declared, by eleven votes to four, that it was “of the opinion that the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful,” and was also “of the opinion that the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible.” Judges from countries including Israel’s staunchest allies, the US and Germany, agreed, as they did for every other decision taken by the Court, along with the recently-appointed Lebanese President, Nawaf Salam, and judges from Australia, Brazil, China, India, Japan, Mexico, Somalia and South Africa.
On Tuesday evening (May 7), I was humbled, honoured and privileged to attend ‘Palestine Vision’, an evening of Palestinian music at the Tabernacle in Notting Hill, London W11, which featured Palestinian musicians from the global diaspora of Palestinian refugees, as well as performances by Palestinian musicians flown in from the Occupied Territories, and from Israel itself. The programme is available here.
Sadly, but understandably, there were no musicians from the Gaza Strip, essentially because those musicians who have not been murdered by Israel since October 7 — as part of targeted bombings aimed specifically at cultural figures, or via the ceaseless and indiscriminate carpet bombing — are trapped in what, for many years, has been described as an “open-air prison”, but which, since Israel’s genocide began seven months ago, has become the world’s largest concentration camp.
The event was organized by the Bethlehem Cultural Festival, established in 2020, and was specifically labeled as an alternative to the Eurovision Song Contest, timed to coincide with Eurovision’s first round of semi-finals, prior to the grand final this Saturday, in Malmö, Sweden, in which, disgracefully, Israel is taking part, despite being engaged in a genocide of the Palestinian people in the Gaza Strip.
In Gaza, the world is watching a genocide play out in real time, like a vast public spectacle, or, to provide a more current analogy, like the most gruesome reality show.
Over the last month, as the State of Israel has relentlessly bombed the 2.3 million civilians trapped in the “open air prison” of the Gaza Strip, killing over 10,000 people, including over 4,000 children, the world has watched as, via its mainstream media, neighbourhood after neighbourhood has been destroyed and the dead bodies of children and adults are dragged out of the wreckage, with barely a whisper of official dissent.
Political leaders in the west openly support it, news readers talk blandly of those who have died, as though it was some sort of unfortunate but natural occurrence, generally refusing to acknowledge that they have actually been killed, and almost always refusing to name the perpetrators, while armchair genocide supporters, in significant numbers, cheer it on via social media.
Rarely reported are the additional uncomfortable truths that, although voices from within Gaza regularly state that “nowhere in Gaza is safe”, they are unable to leave, even if they wanted to, because Israel has controlled all entry to and exit from the Gaza Strip since 2007, and they are also subjected to a “complete siege”, as promised by the defence minister Yoav Gallant on October 8, whereby supplies of water, food, fuel and medical supplies have been cut off.
For the last ten days, like all sensitive people everywhere, I’ve been aware that a rift has opened up in the world — a dangerous tear in the very fabric of human decency, of fundamental morality, through which supposed justifications are loudly being made to excuse the killing, in the Gaza Strip, of children, of women, of the elderly and the ill, and of unarmed men “of military age” who have not engaged in any kind of military conflict at all.
It’s an age-old story, sadly. Throughout human history, men — it’s almost always only men — have slaughtered civilians in their quest, or their leaders’ quest for land, power and control. You could be forgiven for thinking that what drives most wars is actually an excuse to unleash these darkest impulses, and that everything else is secondary.
Gideon Levy’s ‘A Brief History of Killing Children’
It’s nearly two years since the great Israeli journalist Gideon Levy wrote an article for Haaretz, Israel’s oldest newspaper, entitled ‘A Brief History of Killing Children’, in which he chronicled the moral decline of the Israeli government from the 1990s to the time of writing through the ways in which Palestinian children have been treated.
What a disgrace it was on Sunday to see the UK’s Prime Minister, Rishi Sunak, tweeting a photo of a huge Israeli flag projected onto 10 Downing Street, accompanied by the message, “We stand with Israel.” It followed an earlier tweet in which he declared, “Israel has an absolute right to defend itself.”
The exact same message was repeated across the West. “Israel has a right to defend itself — full stop”, President Biden tweeted, while Ursula von der Leyen, the President of the EU Commission, tweeted, “Israel has the right to defend itself — today and in the days to come”, and also declared — unilaterally, apparently, speaking for the whole of the EU — “The European Union stands with Israel.”
My disappointment with these official Western positions doesn’t stem from any kind of endorsement of Hamas’s actions on Saturday morning; or, rather, endorsing any actions undertaken by Hamas that specifically targeted civilians. As a lifelong pacifist, war disgusts me. I know that violence always begets more violence, that civilians always suffer, and that women and children are always killed, and I cannot support the killing of civilians under any circumstances.
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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