ICJ Ruling a 'Repudiation of Israel and its Western Backers': Ex-Human Rights Watch Head
State Department highlights that the court did not make a finding about genocide or call for a ceasefire
Kenneth Roth, the former Human Rights Watch executive director who has been called “the godfather of human rights,” called Friday’s interim judgment by the International Court of Justice in South Africa's genocide case a “repudiation of Israel and its Western backers.”
He wrote a column for The Guardian and called the court’s ruling a “powerful repudiation of Israel’s denialism.”
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“By an overwhelming majority, the court found a ‘plausible’ case that provisional measures were needed to avoid ‘irreparable prejudice’ from further Israeli acts in Gaza that could jeopardize Palestinian rights under the genocide convention,” he wrote. He continued: “Regardless of Israel’s history, regardless of its claim of self-defense, the means chosen to fight Hamas can still be genocidal. The court found enough merit in that claim to recognize that Palestinian civilians need the court’s protection.”
The international court said it has jurisdiction to consider the genocide case brought by South Africa, which was already seen as a loss for Israel.
U.S. Secretary of State Antony Blinken spoke out earlier this month against the effort by South Africa to hold Israel accountable for alleged genocide in Gaza—calling the initiative “galling.”
A spokesman from the State Department told The Trends Journal in an email Friday that the court’s ruling is “consistent with our view that Israel has the right to take action to ensure the terrorist attacks of October 7 cannot be repeated, in accordance with international law. We continue to believe that allegations of genocide are unfounded and note the court did not make a finding about genocide or call for a ceasefire in its ruling and that it called for the unconditional, immediate release of all hostages being held by Hamas.“
The court did not order a ceasefire. Haaretz noted that the court “issued a series of provisional orders requiring preventive Israeli actions, which suggest it believes Israel is perilously close to violating the UN Genocide Convention to which it is a signatory.”
The paper said: “Whether you think the court's decision was lenient or harsh, less or more than feared, under or over the expectation, is not the point. That Israel was even mentioned in respect to the accusation of genocide is a travesty. That it may have created the conditions that may lead to a "genocide" – an allegation fueled by idiotic, incendiary remarks made by a select collection of its dumbest politicians – makes this a very bad day.”
Roth wrote: “Now it is up to Biden to show he believes in a rules-based global order by pressing Israel to comply with the court's ruling.”
Blinken, who visited Israel just days after the 7 October Hamas attack and said at the time that he arrived “not just as secretary of state, but also a Jew,” called the allegations “meritless.”
South Africa formally accused Israel of committing genocide in Gaza, a claim that Israel has denied. About 85 percent of Gazans are internally displaced and about 25 percent face starvation since Israel has dramatically cut off the coastal enclave from food, water, and medicine.
A South African lawyer used comments from prominent Israelis to help make its case, in particular when Yoav Gallant, the defense minister, said Israel will impose a complete siege on Gaza and said it was fighting “human animals.”
Prime Minister Benjamin Netanyahu said clearly that Palestinians are not human beings, but rather human animals.
“They’re subhuman and that’s how they should be treated,” he said. “Eradicate the memory of Amalek, and never forget.”
Netanyahu has called the current war in Gaza a holy war and said during a recent press conference that Israelis would do well to remember “what Amalek has done to you.”
Israeli President Isaac Herzog said, “It’s an entire nation out there that is responsible. It’s not true this rhetoric about civilians not aware, not involved. It’s absolutely not true. … and we will fight until we break their backbone.”
Tembeka Ngcukaitobi, a South African lawyer, told the court that there is “an extraordinary feature in this case,” The New York Times reported. “Israel’s political leaders, military commanders and persons holding official positions, have systematically and, in explicit terms, declared their genocidal intent.”
One Al Jazeera reporter at The Hague said, “Never before has a state laid out such a detailed, extensive, gruesome genocide case here at the ICJ. Layer by layer, step by step, South Africa has made this very compelling argument. It’s a very strong case, according to international law experts.”
TRENDPOST: The UN officially defines “genocide” as a crime that can take place both in time of war as well as in time of peace.