Genocide Convention, ICJ order to Israel: ICJ ordered Israel to halt military offensive in Rafah, Gaza, based on Genocide Convention, potentially leading to UN Security Council action, interpretation of order debated, international pressure on Israel increasing
The International Court of Justice (ICJ) has ordered Israel to immediately halt its military offensive and any other actions in Rafah, Gaza, that may inflict conditions of life on the Palestinian group that could lead to their physical destruction. This order is based on the Convention on the Prevention and Punishment of the Crime of Genocide. The interpretation of this order is subject to debate, with some scholars suggesting it only applies to actions that risk the destruction of the Palestinian group, while others argue it means a full stop to all military operations in Rafah and around Gaza. Regardless, the ICJ's decision is significant as it could lead to further action in the UN Security Council, potentially involving the United States and its veto power. The ICJ's order comes amidst increasing international pressure on Israel, including potential arrest warrants against Israeli leaders and recognition of a Palestinian state by several European countries.
Israeli-Palestinian conflict, ICJ decision: The ICJ's order for Israel to halt military operations at Rafah creates a dilemma for the Biden administration, potentially hindering new hostage deal negotiations with Hamas. Israeli leaders are outraged and non-compliant, setting a dangerous precedent and risking UN sanctions.
The ICJ's decision for Israel to halt its military operations at Rafah has created a dilemma for the Biden administration, as it could potentially halt ongoing negotiations for a new hostage deal with Hamas. The Israeli government, including leaders from various political parties, have responded with moral outrage and a consensus that they will not comply with the order. The Israeli Defense apparatus has continued military actions against Hamas, and some Israeli politicians argue that the decision could set a dangerous precedent for future Israeli governments. The Israeli economy could face significant consequences if Israel is sanctioned by the UN Security Council for disobeying the ICJ decision. The new president of the ICJ, who is a Lebanese citizen with a history of criticizing Israel, adds symbolic weight to the politicization of international justice. Ultimately, the Israeli government is waiting for the US response, which could determine the course of action for Israel and its economy.
ICJ's decision on Israel's Gaza operations: The ICJ's order for Israel to halt military operations in Gaza due to alleged genocide convention violations sparked controversy, with critics questioning the ICJ's impartiality and lack of clear evidence. Israel and the US faced international pressure, with some suggesting this was preplanned intervention.
The International Court of Justice's (ICJ) decision to order Israel to stop its military operations in the Gaza Strip due to alleged violations of the Genocide Convention has sparked controversy and raised questions about the impartiality of international justice organizations towards Israel. The ICJ's decision lacked clear evidence, and Israeli jurists like Aharon Barak criticized the lack of evidence presented by South Africa. The Israeli government and the United States have faced criticism and pressure from international organizations and Western countries, which some argue is a result of Israel's actions and rhetoric. However, some believe that these actions may have been a pretext for international intervention that was already planned. The real issue, according to some, is not the rhetoric or antisemitism, but the fact that Israel is fighting back against its adversaries. The situation highlights the challenges Israel faces in navigating international law and maintaining its legitimacy while dealing with military conflicts and diplomatic pressures.
Israel's Diplomatic Position: Israel's diplomatic position has worsened globally due to political handling of the conflict with Hamas, leading to academic boycotts, potential weapons embargos, and arrest warrants for leaders. Israeli people have lost faith in their ability to win, and this shift affects Israel's security.
The diplomatic position of Israel has significantly deteriorated globally since the conflict with Hamas in October 2021. Before the conflict, Israel enjoyed legitimacy from almost every nation in the world, except for those aligned with Iran and Russia, to defend itself against Hamas. However, today, Israel faces academic boycotts, potential weapons embargos, and even the possibility of arrest warrants for its leaders. The international community's stance towards Israel has shifted, and many see the conflict as an opportunity to pressure Israel. This change in diplomatic position is not due to military losses on the part of Israel but rather the political handling of the conflict by its leaders. The Israeli people themselves are losing faith in their ability to win the war, with a poll showing that more Israelis believe Hamas has won than the IDF. This shift in diplomatic position has significant implications for Israel's security and its ability to defend itself in the future.
Unintended Consequences of Recognition: Recognition of a Palestinian state by Norway, Ireland, and Spain without clear boundaries or Palestinians' approval may not lead to meaningful implementation and could worsen tensions in the region.
The recent recognition of a Palestinian state by Norway, Ireland, and Spain, despite not knowing the boundaries or having Palestinians' recognition, is unprecedented and may not lead to meaningful implementation. This action, while historic for these countries, does not change the fact that international bodies like the ICC have already recognized Palestine as a state. However, it could potentially lead to more countries following suit. Israel responded angrily to this recognition, and the Israeli government's concern is that this recognition could incentivize violence against Israel and undermine efforts towards peace and a two-state solution. The ICC, on the other hand, focuses on criminal cases against individuals, and Israel and the US are not parties to it. The ICC's jurisdiction over Israel comes from Palestine's recognition as a state, and Israel's response to this recognition has been hostile. Overall, this recognition may not bring about positive change in the region and could even worsen tensions.
ICC investigation into Israeli and Hamas leaders: The ICC is investigating Israeli and Hamas leaders for potential war crimes, but the evidence supporting these allegations is not yet clear.
The International Criminal Court (ICC) has requested arrest warrants against five individuals, including two Israeli leaders and three Hamas leaders, based on allegations of war crimes. However, the evidence supporting these allegations is not yet clear. The core allegation against the Israeli officials is an accusation of deliberately causing mass suffering and starvation in Gaza through a strategy of collective punishment. The evidence is likely to include observations of civilian suffering and statements from Israeli political leaders. However, Israel has allowed large amounts of food and humanitarian supplies into Gaza and has taken steps to move civilians out of harm's way. The ICC is required to defer to national justice systems if they have credible accountability, and in the case of Israel, a democratic rule of law system with robust processes for enforcing the law of armed conflict. It remains to be seen whether the ICC has sufficient evidence to issue arrest warrants, and the validity of the allegations against all five individuals is still under debate.
ICC and Israeli conflicts: The ICC's investigation into Israeli conflicts with Palestine could harm the court's reputation and worsen the conflict. The court should defer to national legal systems when possible and maintain balance between military necessity and humanitarian interests.
The International Criminal Court's (ICC) investigation into potential war crimes committed by Israeli political leaders and military personnel during conflicts with Palestine is unprecedented and could potentially harm the court's reputation and worsen the conflict. While Israel's democratic system does not grant it immunity, the ICC is meant to be a court of last resort and should defer to national legal systems when possible. The balance between military necessity and humanitarian interests in international law is crucial, and tipping too far in either direction can have detrimental effects. The recent ICJ decision regarding Israel's military operations in Rafah is being interpreted in various ways, but it does not necessarily require a complete halt to the operations. Misunderstandings and ambiguous orders can create confusion and hinder effective conflict resolution.
Israeli Supreme Court ruling on 2014 Gaza conflict: The Israeli Supreme Court ruled that Israel's actions during the 2014 Gaza conflict cannot be labeled as genocide or ethnic cleansing, but investigations into potential war crimes must be allowed, offering a more nuanced perspective on the situation.
The Israeli military's actions during the 2014 Gaza conflict, which were initially perceived as potential war crimes or even genocide by some, have been given a more nuanced interpretation by the Israeli Supreme Court. The court has ruled that Israel's actions, such as allowing the population to evacuate certain areas, cannot be labeled as genocide or ethnic cleansing. However, the court also mandated that investigations into potential war crimes within the Gaza Strip must be allowed. This ruling is significant because it challenges the black-and-white narrative that has dominated international headlines and offers a more complex perspective on the situation. Israel will likely continue to argue for its actions based on this interpretation, which was endorsed by the court. The court's decision is not a complete victory for Israel, but it does provide some clarity and may help to shift the narrative around the conflict.
Diplomatic Avalanche - with Nadav Eyal and Matt Waxman
Recent Episodes from Call Me Back - with Dan Senor
BEEP! with Nadav Eyal
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UPCOMING LIVE EVENTS: September 24 — Join us for the first major live recording of Call Me Back, held at the Streicker Center, featuring Amir Tibon. To register, please go to: streicker.nyc/events/tibon-senor
To help us better understand events in Lebanon over the past 24 hours, Nadav Eyal joined us for an emergency episode of the podcast.
NADAV EYAL is a columnist Yediiot. He is one of Israel’s leading journalists. Eyal has been covering Middle-Eastern and international politics for the last two decades for Israeli radio, print and television news.
One Year Since October 7th - with Sam Harris
WATCH THE FULL CONVERSATION ON YOUTUBE: https://www.youtube.com/watch?v=yNugi2XnhmI
UPCOMING LIVE EVENTS: September 24 — Join us for the first major live recording of Call Me Back, held at the Streicker Center, featuring Amir Tibon. To register, please go to: https://streicker.nyc/events/tibon-senor
SPECIAL SERIES:
As we approach the grim one-year anniversary of 10/07, we are featuring a dedicated series in which we take a longer horizon perspective, asking one guest each week to look back at this past year and the year ahead. If you are listening to this episode on a podcast app, please note that this series was filmed in a studio and is also available in video form on our YouTube channel: https://www.youtube.com/watch?v=yNugi2XnhmI
For the second installment of this special series, we sat down with Sam Harris – philosopher, neuroscientist, bestselling author and podcaster.
Timestamps:
00:00 Introduction
02:18 Sam’s experience of October 7th
05:44 Hamas’s use of civilians as human shields
09:07 Should Israel risk Israeli lives?
12:15 Response to sympathy towards Palestinians
19:43: Hamas knew exactly who they were targeting
22:00 Jihadist mentality
32:57 The hostage dilemma
38:29: American Anti-Israel protests
45:13 Antisemitism and anti zionism
01:01:28 Antisemitism on the left
01:04:47 Connection to Jewish identity post-October 7th
Episode of Sam Harris’s “Making Sense” podcast, as referenced in this conversation:
“Why Don’t I Criticize Israel?”:
https://podcasts.apple.com/us/podcast/2-why-dont-i-criticize-israel/id733163012?i=1000316926199
To subscribe to Sam Harris’s podcast, Making Sense: https://www.samharris.org/podcasts
To register for Sam Harris’s substack: https://samharris.substack.com/
One Year Since October 7th - with Douglas Murray
Bibi’s message vs Bibi the messenger - with Nadav Eyal and Amit Segal
The execution of six hostages - with Haviv Rettig Gur & Wendy Singer
Rahm Emanuel
ISRAEL PREEMPTIVELY STRIKES HEZBOLLAH – with Nadav Eyal & Ronen Bergman
A Deal on the Verge of Collapse – with Nadav Eyal
A new (and bolder) approach to Iran? – with Mark Dubowitz
Holding Pattern(s) – with Jonathan Schanzer
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ON THE RECORD: Biden warns Israel not to invade Rafah
CBS' Nancy Cordes joins On the Record with Steve Scott to discuss President Biden's warning to Israel to not expand its ground offensive into Rafah without a plan to protect civilians.