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.
Eight months of unmitigated horror in Gaza demonstrates the absolute moral degradation of Israel, and the unparalleled moral failure of the west.
It’s eight months since Hamas and other militants broke out of the “open-air prison” of the Gaza Strip, where they, and the entire Palestinian population of 2.3 million people, had been subjected to a land, sea and air blockade for 16 years, and embarked on a brief but deadly killing spree in southern Israel, killing 1,068 Israelis (695 civilians and 373 members of the military and the police), as well as 71 foreign nationals, and kidnapping around 235 others, around half of whom were Israeli.
In response, as happened on numerous previous occasions when Israel was attacked by Palestinian military forces resisting the occupation of their land, Israel began carpet bombing the Gaza Strip, destroying key infrastructure, levelling apartment blocks with disproportionately heavy-duty bombs provided mainly by the US and Germany, and killing vast numbers of civilians.
In 2014, when Israel undertook the most savage of its many previous attacks on the Gaza Strip, a seven-week campaign killed over 2,300 Palestinians, wounded nearly 11,000 (including 3,374 children, of whom over 1,000 were permanently disabled), and led to the destruction of 7,000 homes, with an additional 89,000 damaged, before a ceasefire was finally reached.
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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