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[SPECIAL JANUARY PROMOTION: Spend $50+ In The FPM Store And Receive A Free Copy Of “Final Battle” By David Horowitz.]
The International Court of Justice (ICJ) decided in its January 26th provisional ruling to move forward with a peculiar case that South Africa brought against Israel, alleging that Israel has been committing genocide against Palestinians living in Gaza. South Africa claimed that it was simply enforcing rights protected by the international Genocide Convention to which both countries are signatories.
The ICJ is enabling South Africa to weaponize against the Jewish State of Israel the Genocide Convention, which was enacted in 1948 when the genocide of Jews by the Nazis during the Holocaust was still fresh in peoples’ minds. To hurl an accusation of genocide against Israel, where at least one of the nearly 150,000 Holocaust survivors still living in Israel was killed during Hamas’s October 7th attack, is obscene.
Hamas initiated the war with Israel when it invaded Israel on October 7th and went on a genocidal rampage against Israeli civilians. Israel’s military operations in Gaza following that attack are a legitimate exercise of Israel’s inherent right of self-defense, which is recognized in Article 51 of the United Nations Charter when “an armed attack occurs against a Member of the United Nations.”
The ICJ deferred making a final judgment on the merits of South Africa’s genocide claims, which could take months or even years to decide. However, the ICJ issued provisional orders to take immediate effect, which are prejudicial to Israel’s inherent sovereign right of self-defense. Fortunately, the ICJ has no mechanism to enforce its ruling, although technically it is legally binding. Nevertheless, the ICJ’s decision that South Africa has presented a plausible case of genocide against Israel will put increased pressure on Israel to quickly wind down its military operations in Gaza.
While the ICJ did not order an immediate ceasefire, it did order Israel to “take all measures within its power to prevent the commission of all acts within the scope of Article II of this [Genocide] Convention.”
Article II of the Genocide Convention prohibits its member states from committing certain acts with the “intent to destroy in whole or in part a national, ethnical, racial or religious group, as such.” (Emphasis added) The following acts are covered by the Convention, which are only violations if the accused party is proven to have intended to commit them for the purpose of destroying one of the protected groups:
“(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;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”
The ICJ’s order that Israel “take all measures within its power to prevent the commission” of such prohibited acts under Article II as killing or causing serious harms to members of the Palestinian “group” is deceptively overbroad. It lists the prohibited acts but omits the requirement that these acts must be committed with specific malevolent intent to constitute a violation of the Genocide Convention. Moreover, just as the casualty figures that the Hamas-controlled Gaza Health Ministry provides fail to distinguish between the genocidal Hamas terrorists and innocent civilians, the ICJ order makes no such distinction either.
Under international law, including the Geneva Conventions, the distinction between killing or maiming enemy combatants as opposed to innocent civilians is crucial in determining culpability. The Geneva Conventions mandate the protection of civilians in time of war, while also recognizing that civilians caught in the line of fire are regrettably in danger of being killed or wounded inadvertently. To mitigate the number of civilian casualties, Article 28 of the ‘Geneva Convention Relative to the Protection of Civilian Persons in Time of War’ warns fighters against using “the presence of protected civilians to render certain points or areas immune from military operations.” Hamas has thumbed its nose at this admonition.
Israel’s war is with the Hamas terrorist organization that savagely attacked innocent Israeli civilians on October 7th. Israel’s intention is to completely destroy Hamas’s capability to ever again conduct another such genocidal attack.
Israel’s prodigious efforts to mitigate civilian casualties in Gaza, consistent with its obligations under the Geneva Conventions, negates South Africa’s allegation that Israel has acted with any genocidal intent to destroy the Palestinian people collectively as a group.
Hamas, not Israel, is responsible for the needless loss of Palestinian civilian lives and devastation in Gaza by deliberately embedding Hamas fighters, weaponry, and command centers among the civilian population and using Palestinian women and children as human shields.
The ICJ also ordered that “The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”
Israel has cooperated in facilitating the safe delivery of humanitarian aid to Gazans in need. Israel also just recently offered a two-month suspension of fighting to allow more unencumbered delivery of humanitarian aid, but Hamas has so far rejected the offer.
South African President Cyril Ramaphosa exulted in the ICJ’s conclusion that South Africa has a plausible case against Israel that it committed genocide in violation of the Genocide Convention. “Some have told us that we should mind our own business and not get involved in the affairs of other countries,” President Ramaphosa said. “Others have said it was not our place. And yet it is very much our place as the people who know too well the pain of dispossession, discrimination, state-sponsored violence…”
The ICJ allowed South Africa – a non-injured party – to bring its case against Israel regarding events occurring more than 4300 miles away from South Africa by using a globalist doctrine known as erga omnes partes. According to this doctrine, the ICJ ruled, “any State party to the Genocide Convention may invoke the responsibility of another State party, including through the institution of proceedings before the Court, with a view to determining the alleged failure to comply with its obligations…under the Convention and to bringing that failure to an end.”
This globalist doctrine is a Trojan Horse. It is allowing an anti-Semitic government of a country that cannot demonstrate any concrete injury to its own material interests or legal rights to persecute Israel through lawfare in the ICJ for simply acting in self-defense. And the ICJ is allowing South Africa to get away with it.
South Africa’s claim that it is acting in accordance with international law to vindicate in court the right of a group of people to be protected against genocide committed by another Genocide Convention party is a complete sham. South Africa is serving as nothing more than a shill for Hamas.
Just one day after Hamas’s genocidal attack against Israeli civilians innocently going about their lives in Israel on October 7th, South Africa’s government blamed Israel for what happened. It issued an official statement, declaring:
“The new conflagration has arisen from the continued illegal occupation of Palestine land, continued settlement expansion, desecration of the Al Aqsa mosque and Christian holy sites, and ongoing oppression of the Palestinian people.”
A mere ten days after the October 7th attack, South Africa’s Foreign Minister Naledi Pandor had a phone call with Hamas leader Ismail Haniyeh. The Jewish News Syndicate reported Hamas’s claim that Pandor had called to congratulate Hamas for the success of its October 7th rampage.
Last December, just weeks after Hamas’s horrific October 7th genocidal attack, senior Hamas officials visited South Africa to participate in the Fifth Global Convention of Solidarity with Palestine.
South Africa is not an objective party benevolently seeking to protect a group of people from genocide, as it has falsely portrayed itself to the ICJ. The South African government is advocating for a savage terrorist group, whose founding genocidal mission, repeated by its leaders on multiple occasions, is to destroy the Jewish State of Israel and kill as many Jews as possible.
Iran, the world’s number one state sponsor of terrorists, is complicit in Hamas’s campaign of genocide against Israeli Jews by funding, arming, and training the Hamas terrorists. Just two months before Hamas launched its genocidal attack on Israeli soil, South Africa solidified its cozy relationship with Hamas’s sponsor Iran by signing a joint economic cooperation agreement with Iran.
Hamas has threatened to repeat over and over again its October 7th style massacres, sexual assaults, and kidnappings of Israeli civilians. Yet, according to South Africa’s perverted notion of justice, Israel’s defense of its citizens by destroying Hamas’s capability to carry out more such genocidal attacks constitutes genocide itself.
The International Court of Justice has disgracefully closed its eyes to South Africa’s obscene misuse of the Court’s judicial process to thwart Israel’s right to defend its people from another genocidal attack by Hamas and other Palestinian terrorists. The ICJ should reverse its horrible ruling and throw the case out. But of course, like all other UN bodies, it will continue to demonize Israel.
Rember one of Traitor Bill Clintons last crime he committed before leaving the Oval Office was to sign America into the WCC or World Criminal Court and he was a Vietnam Draft Dodger
But it was never submitted to the Senate for ratification so that is illegal and means nothing
There are only two unprotected groups in the UN White people and Jews. Every other group is protected.
Defund the UN now.
Yes, get the US out of the UN and the UN out of the US. And cut all funding to that club of terrorists. Form a league of free nations in its stead.
As for South Africa, shame on that increasingly Schiff hole country where the ruling class winks at the wholesale murder of White farmers by hoodlums. The place is falling apart as the infrastructure rots, thanks to competent Afrikaners being replaced by incompetent illiterates. Soon they will be just another sub-Saharra African country. No idle prefix there.
The UN’s sole purpose of it’s existence is to demonise the the only true democracy in a sea of theocracies!
All South Africa’s nonsense about Israel’s nonexistent genocide against Paleosimians is ridiculous, considering South Africa’s very real genocide against whites.
South Africa will pay a huge price for taking sides with Hamas. The IDF could easily explode an EMP over Johannesburg.
The ICJ….what a joke. All of these “august” international agencies, like WHO, WEF, the U.N. etc., and all their sub-groups, are basically Leftist fronts that exist to attack and undermine America and Israel. We should quit supporting them. Defund them all now. And turn the U.N. property into a very large hotel with a casino.
It’s NYC. Homeless shelter and soup kitchen is the answer.
You didn’t complete your sentence: “a very large hotel with a casino run by Donald Trump”. Just to rub salt in their wounds, you understand.
The South African black leaders who countenance the systematic murder of its white citizens have called for the U.N. (the third-world sewer on the East River) to act against Israel for defending itself against Arab terrorists. The South African butchers call Israel’s behavior genocide. Talk about the pot calling the kettle black!
Face it. The Jews are the World’s whipping post. They can do nothing right. Even defending themselves against stone-age barbarians is wrong. They should defend themselves against their enemies as THEY see fit. F’ the world court and the rest of the anti-Semites. If a second Holocaust begins, as was attempted by Hamas on October 7, 2023, do you think anyone other than the USA will step in to help them ? Why should Israel, or Jews anywhere, show any deference to these people, who would stand by and do nothing while Jews are murdered ?!? Never again ! No surrender !
Rulings by the left-leaning busybodies at International Court of Justice are binding? No. Neither the USA nor Israel are signatories to the treaty that created it.
Those slanderous and libelous accusations is evil and wrong. Very evil and wrong.
The “international Court of Justice” is in reality dong the wrong thing, very wrong.
That claim of genocide by the enemies of the Jewish State of Israel is a false completely claim.
One genuine newspaper had put it this way “One accusation is that Israel has engaged in genocide against the Palestinians. However, the facts show a vast increase in the Palestinian population, from 156,000 to 2,100,000 in Israel…” [1]
[1] THE EPOCH TIMES January 3-9, 2024, A15
There was also an article in FPM by Robert Spencer which cited evidence that the figures given by Hamas for civilian deaths do not even add up https://www.frontpagemag.com/everybody-is-upset-about-civilian-casualties-in-gaza
The actual real genocide is the intention of the Jewish people is the goal of Hamas and not those in power in the State of Israel.
About innocent children who died in Gaza because the jihadists Hamas hiding among places with children. Also this current war that Hamas started this with Israel on October 7th when it launched its brutal vicious and murderous and even vile and heinous jihadist attacks on the peaceful Jewish citizens of the State of Israel.
That innocent children died in Gaza because of Israel’s air force was not the intention of the government and military officials of Israel.
Those youngster who had been killed had died because those despicable jihadists of Hamas, because they are so very callous and cruel that they deliberately stationed their jihad strategy command and weapon centers at buildings that have children in and around those places.
Therefore the bloodguilt for the death of those children of Gaza on the wicked hands of the Hamas jihadists.
That so called “International Court of Justice’ is in really doing a terrible injustice that it even considered those false and slanderous and libelous accusations of genocide against Israel when it was that demonic dangerous and deadly Jihad entity, Hamas that stated that current war in the Middle East by invading Israel, on October 7,th ,
For it was Hamas using its jihadists stooges then attempted to commit genocide against the Jewish people and the jihadists of Hamas even went further in heinous evil by kidnapping many Israel’s and raping many Jewish females . Those Hamas jihadist are so cruel and vicious that they even took Jewish infants and burned them to death while they were still alive.
In spite of all those facts, some despicable people want to exculpate Hamas from all is wicked jihad terrorism and release its jihadists from the monstrous Islamic evil that they have so vicious committed and are very guilty of.
To add to this m libelous and slanderous of false charges of genocide are made against Israel about it heads of government and the IDF.
Such charges are as absurd as they are also wrong. Those changes are very absurd.
Related to this, the Bible informs its reader that “Acquitting the guilty and condemning the innocent – – the Lord detests them both.” Proverbs 17:15. [N.I.V.]
This is a result of starting a war with Russia. Israel sided with Ukraine and the U.S./Britain/NATO countries, helping to kill Russians and install NATO in Ukraine. Russia views the Israel-Hamas conflict as part of this war, South Africa is part of BRICS and therefore helping to put pressure on western aligned countries, of which Israel is one. I place the blame solely at the feet of the Biden administration and the psychopathic western elites who will stop at nothing to amass wealth and power (but are also insanely incompetent at the same time).
I wonder if anyone ever brought the African National Congress to court for practices such as “necklacing”- encasing suspects in a rubber tire, dousing it with gasoline, and setting them on fire?
Maybe someone should – after all, we are all responsible for each other, just as SA is claiming to demonstrate.
Where’s Team America World Police when you need them?
WOAH! What about South Africa’s genocide of white farmers?
Another pot calling a kettle black.
Does this case belong in court, no it belongs on a Saturday Night Live sketch. Let’s see, Muslims who are just following the dictates of Muhammad to kill Jews is not a problem but the Jews fighting back to defend themselves against those who call to complete the job Hitler didn’t finish is called a genocide! I just want to make sure I’ve got that right.
Jews for the Preservation of Firearms Ownership they know what it was like to be disarmed by the Nazis who like the Commies are all for disarming the People under their thumb
Article II of the Genocide Convention is out of date. It should include a clause about weaponising rape and about abductions followed by forced marriages and forced conversions. Then it would be even clearer which groups are guilty.
Hamas uses the Geneva Convention as a “how-to” book – operationalising the things that it forbids.