Is The ICJ Ruling On The South African Government’s Petition On Israels Genocidal Actions In Gaza a Framework For Freedom?

[Bilal Mahmud المكافح المخلص]

Is The ICJ Ruling On The South African Government’s Petition On Israels Genocidal Actions In Gaza a Framework For Freedom?

 By Imam Nadim Sulaiman Ali

 

Surely Allah loves those who uphold justice. Qur’an: 49:9

 

I have lived long enough to participate in several protests against injustices.  One of my first protests was to participate in the African Liberation Day mobilization march to protest apartheid in South Africa in Washington DC in the 1970’s. 

 Recently I participated in protests in Atlanta and Washington DC.  The marches were in support of the Palestinian people, and against the disproportionate Israeli response to Hamas’s October 7th attack.

 It's interesting that the two countries that were joined at the hip in their oppression of the indigenous populations that they occupied in the 1970’s have now become adversaries in an internationally observed proceedings at the International Court of Justice.

South Africa could not sit idly by while the nation of Israel engaged in practices that many around the world perceived as genocide.

 

The 84 page brief * that was submitted to the court was difficult for the Israelis to deny.  It filled me with great joy to observe the actions of the Republic of South Africa’s legal team presenting their case to the international body.  

Of all the countries to demonstrate this much concern for the Palestinian people, the Republic of South Africa would have been  the last one on my list.

 

The so-called “Citadels of Democracy” have demonstrated a deafening silence regarding the devastation that has been going on in Palestine.  It took the country that had its own settler colonial past to attempt to set limits on the State of Israel.

The case was masterfully presented, and it forced the Israeli government to defend its actions in front of the world.  They could not engage in the mass distraction and conflation that is so prevalent in the actions of the Israeli government, and their spokespeople in the media.  During the proceedings only facts could be presented, and not opinions or hyperbole.

The judgment** that came from the court on 1/26/24 was not a surprise to many.  One of the requests to the court was to institute an immediate cease-fire.  The court upheld the right of Israel to respond to the attack by Hamas, but agreed with many of the points in the South African brief.  This is a summary of what the ICJ found:

The ICJ ordered the following provisional measures under Article 41:

• Israel must take all measures possible to prevent the commission of all acts under Article II of the Genocide Convention in relation to Palestinians in Gaza. This includes “(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.” The ICJ specified that Israel must ensure “with immediate effect” that its military does not commit any of the aforementioned acts.

• Israel must prevent and punish “the direct and public incitement to commit genocide” against Palestinians in Gaza.

• Israel must allow humanitarian assistance into the Gaza Strip. 

• Israel must ensure the preservation of, and prevent the destruction of, evidence related to acts under the scope of Article II and Article III of the Genocide Convention against Palestinians in Gaza.

• Israel must submit a report to the ICJ on all measures taken to uphold the provisional measures ordered by the ICJ within one month. 

The reactions to the ruling were mixed; many in the pro-Palestinean camp feel that the ruling did not go far enough to end the hostilities in Gaza.

The Israeli response was  to continue to cite the attack of October 7th as a reason to launch unbridled devastation on Gaza:

“The vile attempt to deny Israel this fundamental right [to defend itself] is blatant discrimination against the Jewish state, and it was justly rejected,” Netanyahu said. “The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it.”

Oxfam an organization that has provided humanitarian services service to Gaza for many years issued a statement that in part stated:

“Oxfam welcomes the ICJ’s order and provisional measures as a crucial step towards recognizing the ongoing atrocities in Gaza and stopping the bloodshed and unimaginable horrors that 2.3 million Palestinians have already endured. 

“After more than 100 days of indiscriminate bombing in which it has killed more than 25,000 people, sparked a horrific mass displacement of civilians, weaponized starvation and systemically denied them adequate aid, the Israeli government must immediately abide by the court ruling. 

“All States – particularly those supporting Israel with military weapons in spite of the clear risk of them being used to commit war crimes – must equally respect the court’s ruling and refrain from any actions that undermine it.

What may come out of the ICJ inquiry is an opportunity for the warring parties to pursue a diplomatic solution that will lead to a just solution for the Palestinian and Israeli peoples.  This solution must allow both the Palestinians and Israelis to live without fear of retribution or retaliation from one another. 

It will take a great deal of outside pressure to force all of the parties to the table, but if the Palestinian and Israeli peoples want true peaceful co-existence it is apparent that major decisions have to be made to achieve it.  

History will not be kind to the parties in this conflict, and any entity that is associated with the carnage that Israel has unleashed will bear the scars with them. 

 

Al Hajj Malik Shabazz/Malcolm X expressed his opinion on the fallacy of  the American Political system, and its  treatment of African Americans.  This historical record makes it  easy for this country to support the State of Israel right or wrong.  He stated in his historic speech Ballots or Bullets:

"No, I'm not an American. I'm one of 22 million black people who are the victims of Americanism. One of 22 million black people who are the victims of democracy, nothing but disguised hypocrisy. So, I'm not standing here speaking to you as an American, or a patriot, or a flag-saluter, or flag-waver. No, not I. I am speaking as a victim of this American system. And I see America through the eyes of the victim. I don't see any American dream; I see an American nightmare."

The “American nightmare” has become an “International nightmare”.

 

* Brief

https://d3i6fh83elv35t.cloudfront.net/static/2024/01/192-20231228-a...

 

** Ruling

https://www.lawfaremedia.org/article/icj-issues-provisional-measure....

[Bilal Mahmud المكافح المخلص]

Kofi Bilal Mahmud Eid AlFitr 1443 A.H.

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