“Fake Justice” at The Hague: The ICJ “Appoints” Netanyahu to “Prevent” and “Punish” “Those Responsible for “Genocidal Acts”
The Criminalization of International Law. Part I
Moreover, no ceasefire was declared by the ICJ with a view to saving lives. Since October 7, amply documented, the atrocities committed against the People of Palestine are beyond description. At least 10,000 children have been killed: “That is one Palestinian child killed every 15 minutes… Thousands more are missing under the rubble, most of them are presumed dead.”
Of significance: The Judgment intimates that the Israeli military rather than the Netanyahu government should be held responsible for committing criminal acts in violation of Article 2 of the Genocide Convention. What this “statement” suggests is that “Netanyahu’s hands are clean”. Nonsense!
There is ample evidence that the genocide was carefully planned well in advance of October 7, 2023 by Netanyahu’s Cabinet.
There is a command structure within the Israeli military. Israeli soldiers and pilots obey the “illegal orders” emanating from the Netanyahu government.
America Endorses the Genocide
In many regards, the World Court’s judgment contradicts its own mandate: Presided by a former legal advisor to Hillary Clinton, this should come as no surprise.
The ICJ is under Washington’s spotlight. Let us be under no illusions, the U.S has firmly endorsed Israel’s criminal undertaking:
“The US said the ICJ ruling was consistent with Washington’s view that Israel has the right to take action, in accordance with international law, to ensure the October 7 attack cannot be repeated.
“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,” a State Department spokesperson said. Al Jazeera, January 26, 2024, emphasis added)
The President of the ICJ Joan E. Donoghue was a legal advisor to Secretary of State Hillary Clinton under the Obama administration. Joan Donoghue takes her instructions from Washington.
Moreover, the conduct of the genocide is a joint Israel-US endeavor with US forces involved in Israel’s combat units.
Nobody in the media nor in the peace movement has underscored the fact that the President of the ICJ is de facto in “conflict of interest”.
“The anger of the World has been pacified for a while with the false celebration of a fake “victory” at The Hague. The US chief judge at ICJ must be laughing.
Israel’s genocide will continue while the US and its chief justice at the ICJ keep the world at bay for very long with new false words and delaying actions.” (Karsten Riise, Global Research emphasis added)
The Crimes Committed by Israel Are “Genocidal in Character”
According to The Republic of South Africa —referring to Article II of the Genocide Convention–, the crimes committed by the State of Israel “are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group. …”:
“The acts in question include killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction.
… That intent is also properly to be inferred from the nature and conduct of Israel’s military operation in Gaza, having regard inter alia to Israel’s failure to provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine.
The acts are all attributable to [The state of] Israel, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention. … “ (emphasis added)
(See the Republic of South Africa’s 84-page document submitted to the ICJ)
“Fake Justice”. C’est le monde à l’envers
Article IV of the Genocide Convention reads as follows:
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals
The main actors behind the genocide against Palestine are the “Constitutionally Responsible Rulers.”
In the Judgment –referring to Article IV— (see below) the ICJ calls upon the Netanyahu government acting on behalf of the State of Israel, to prevent and punish those individuals who allegedly committed crimes of genocide:
“The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention.” (ICJ, emphasis added)
What the ICJ judgment intimates is that the “Constitutionally Responsible Rulers (CRRs)” (identified in Article IV), namely Netanyahu’s Cabinet are Innocent.
And that is where “Fake Justice” comes in.
“Constitutionally Responsible Rulers (CRRs)” Netanyahu, Gallant, Ben-Gvir, Katz, Smotrich, et al, are the architects of the genocide. Yet they have been assigned by the ICJ with a mandate “to prevent and punish”.
The CRRs within Netanyahu’s Cabinet acting on behalf of the State of Israel –who carefully planned prior to October 7, 2023 a genocidal attack against the People of Palestine have been “appointed” by the ICJ to “take all measures within its power” to “prevent” and “punish” “public officials”, “private individuals”, members of the Military who are carrying out acts of “direct and public incitement to commit genocide”.
Prevention and Punishment is not contemplated against Israel’s Netanyahu Clique of CRRs “who have blood on their hands.”
What does this imply?
De facto the main architects of the genocide are the “Constitutionally Responsible Rulers (CRRs)” —referred to in Article IV of the Genocide Convention.— , namely the Netanyahu, Galant, Ben-Gvir, et al clique. (It’s as if the category “Constitutionally Responsible Rulers” had been removed from Article IV of the Genocide Convention).
Under present circumstances, this “take all measures within its power” concept is tantamount to the criminalization of International Law: The CRRs “Criminals in High Office” (Netanayahu et al) are invited to take law enforcement in their own hands.
The option to entrust Netanyahu’s Cabinet with the “Prevent and Punish” assignment was a decision of the World Court. The 17 Judges could have and should have recommended that it be assigned to a United Nations body, including the UN Security Council.
The Netanyahu government has ordered the most hideous crimes against the People of Palestine.
And now the World Court has instructed a criminal government led by Netanyahu (who has a criminal record) to “take all measures within its power” to “prevent” and “punish” “public officials, “private individuals” (Article IV) as well as combatants within the Israeli military.
Visibly, the prevent and punish requirement is not meant to apply to the so-called “Constitutionally Responsible Rulers (CRRs)” (i.e. “the good guys”) namely the “REAL CRIMINALS” in blatant contradiction of Article IV.
It’s an absurd proposition. It unfortunately disallows Netanyahu to “prevent and punish himself”.
And this is really what is required under international law.
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