all 2 comments

[–]Budget-song-budget[S] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (1 child)

The ICJ Could Not Order A General Ceasefire. It Ordered Israel To Cease Fire.

The responses by U.S. main stream media to the ICJ judgment on Israel are moronic.

Neither of these headlines is completely true nor do they reflect the court's order:

U.N. Court Orders Israel to Prevent Genocide, but Does Not Demand Stop to War - https://archive.is/WUWMJ NYT, Jan 26, 2024

U.N. court orders Israel to halt killings in Gaza, but no cease-fire https://archive.is/yZbfv WaPo, Jan 26, 2024

World Court Rejects Demand for Gaza Cease-Fire - https://archive.is/Rkcn2 WSJ, Jan 26, 2024

No legal scholar expected the International Court of Justice to order a general ceasefire.

The court could not order a general ceasefire because its jurisdiction covers only one of the waring parties. An order for a general ceasefire would require that all parties of a conflict are nation states and have signed the Genocide Convention. Hamas however is not a state and is not a signatory of the Genocide Convention and thus not under the ICJ's jurisdiction.

So the court did indeed not order a ceasefire.

It could not.

But the court ordered Israel to cease fire.

{https://icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf?__cf_chl_tk=TkRe_jADEAjcnjyK.t1KD5TI6QsJB5Da.UC7kEc48E8-1706329618-0-gaNycGzNDtA } Point 85/86 of the court's order says:

85) The Court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law. It is gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release.

86) For these reasons,

THE COURT,

Indicates the following provisional measures:

(1) By fifteen 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 Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

The court clearly orders Israel to take all(!) measure to prevent the killing or wounding of Palestinians.

In short: The court orders Israel to cease fire.

All of it. Now.

The mainstream media try to obfuscate that order with a reference to a general ceasefire which would have to include an order to all parties of the conflict.

That three of the leading media are using similar headlines and a similar obfuscation of the actual judgment points to a concerted propaganda campaign well prepared in advance of the today's order.

[–]Maniak🥃😾 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

The court clearly orders Israel to take all(!) measure to prevent the killing or wounding of Palestinians.

In short: The court orders Israel to cease fire.

All of it. Now.

Except it clearly doesn't, unless you forget what Israel is and does.

The State of Israel shall [...] take all measures within its power

Who is deciding and enforcing those measures? Israel? Oh right, they'll just keep on lying and killing then, as they've been doing from the start...

This might be a good ruling if it was against a country that's accountable for its actions. Not so much against a rogue terrorist thieving and lying state that's been ignoring every international laws and ethical principles since its colonial and criminal creation.

Because this is Israel and we all know what they're going to do with this ruling, it makes it mostly symbolic. That's not nothing, but it's not helping the Palestinians right now either.

This should be used as a reason to increase the pressure on Israel, not to declare victory as some have been doing.