Episode Details

Text Originally posted Jan. 26, 2024

Red Ink - by Mr. Fish

The International Court of Justice (ICJ) refused to implement the most crucial demand made by South African jurists: “the State of Israel shall immediately suspend its military operations in and against Gaza.” But at the same time, it delivered a devastating blow to the foundational myth of Israel. Israel, which paints itself as eternally persecuted, has been credibly accused of committing genocide against Palestinians in Gaza. Palestinians are the victims, not the perpetrators, of the “crime of crimes.” A people, once in need of protection from genocide, are now potentially committing it. The court’s ruling questions the very raison d'être of the “Jewish State” and challenges the impunity Israel has enjoyed since its founding 75 years ago.  

The ICJ ordered Israel to take six provisional measures to prevent acts of genocide, measures that will be very difficult if not impossible to fulfill if Israel continues its saturation bombing of Gaza and wholesale targeting of vital infrastructure. 

The court called on Israel “to prevent and punish the direct and public incitement to commit genocide.” It demanded Israel “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance.” It ordered Israel to protect Palestinian civilians. It called on Israel to protect the some 50,000 women giving birth in Gaza. It ordered Israel to take “effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip.” 

The court ordered Israel to “take all measures within its power” to prevent the crimes which amount to genocide such as “killing, causing serious bodily and mental harm, inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, and imposing measures intended to prevent births within the group.”

Israel was ordered to report back in one month to explain what it had done to implement the provisional measures.

Gaza was pounded with bombs, missiles and artillery shells as the ruling was read in The Hague — at least 183 Palestinians have been killed in the last 24 hours. Since Oct. 7, more than 26,000 Palestinians have been killed. Almost 65,000 have been wounded, according to the Palestinian Ministry of Health. Thousands more are missing. The carnage continues. This is the cold reality. 

Translated into the vernacular, the court is saying Israel must feed and provide medical care for the victims, cease public statements advocating genocide, preserve evidence of genocide and stop killing Palestinian civilians. Come back and report in a month. 

It is hard to see how these provisional measures can be achieve