“Fake Justice” at The Hague: The ICJ “Appoints” Netanyahu to “Prevent” and “Punish” Those Responsible for “Genocidal Acts”

By Prof Michel Chossudovsky

By Prof Michel Chossudovsky

Update. A New Wave of Criminal Initiatives

The ICJ Judgment of January 26, 2024 assigns the Netanyahu government representing the State of Israel –accused by the Republic of South Africa of genocide against the People of Palestine– with a mandate to “take all measures within its power” to “prevent and punish” those responsible for having committed “Genocidal Acts”. (under Article IV of the Genocide Convention)

Sounds contradictory? What the ICJ judgment intimates –from a twisted legal standpoint– is that Netanyahu’s Cabinet “appointed” to implement  the “prevent and punish” mandate cannot be accused of having committed “Genocidal Acts”. 

In substance, this contradictory mandate –which was intended to protect the people of Gaza–, provides the Netanyahu government with a pretext to “prevent and punish” Palestinians for allegedly having committed genocidal acts against Israelis. i.e. Netanyahu can not “Prevent and Punish himself”. (See our detailed analysis below in the section on “Fake Justice”).  (See The Republic of South Africa’s 84 page document submitted to the ICJ) 

Video. Palestine. Fake Justice at the International Court of Justice

Netanyahu is Rejoicing

The ICJ not only refused to propose a “Cease Fire”, its January 26, 2024 Judgment failed to question the role of the Likud coalition government, which was largely responsible for the planning prior to October 7 of a comprehensive genocide agenda, with the support of Washington. 

We had predicted that this vote would contribute to a new wave of criminal initiatives on the part of the Netanyahu government. On January 26,   Netanyahu confirmed that the genocide was ongoing and would continue despite the ICJ Judgment.  

“We will not compromise on anything less than total victory. That means eliminating Hamas, …” 

Israel’s Plan: Mass Starvation

While rhetorical condemnations against Israel prevail, what the peace movement fails to acknowledge is that no legal obstruction or hindrance was formulated by the World Court with a view to curbing the tide of atrocities against Palestinians including an Israeli project to engineer starvation throughout the Gaza Strip. 

“Gaza is experiencing mass starvation like no other in recent history. Before the outbreak of fighting in October, food security in Gaza was precarious, but very few children – less than 1% – suffered severe acute malnutrition, the most dangerous kind. Today, almost all Gazans, of any age, anywhere in the territory, are at risk.

There is no instance since the second world war in which an entire population has been reduced to extreme hunger and destitution with such speed. And there’s no case in which the international obligation to stop it has been so clear.” 

These facts underpinned South Africa’s recent case against Israel at the international court of justice. The international genocide convention, article 2c, prohibits “deliberately inflicting [on a group] conditions of life calculated to bring about its physical destruction in whole or in part”. (Guardian)

Washington Supports the Genocide. The Issue of “Conflict of Interest” and “Recusal”

Amply documented, the Genocide is a joint Israel-U.S. project. The President of the ICJ, Joan Donoghue —a former Legal Advisor to Hillary Clinton– is in conflict of interest, which would required her Recusal.  (See:  Recusals of Arbitrators and Judges in International Courts and Tribunals, Chiara Giorgetti)

Escalation of the Genocide

What is at stake is the criminalization of the international judicial process. The ICJ has granted Israel with the full endorsement of the U.S. a de facto “green light” to continue and “escalate the genocide”.

Criminal acts are now being committed in the occupied West Bank, coupled with an increase in the deployment of IDF forces. 

In Gaza, IDF commanders have ordered soldiers to “Setting fire to homes belonging to non-combatant civilians, for the mere purpose of punishment”,

Barely a few days after the ICJ Judgment, plans were announced to establish a cohesive network of Jewish settlements in Gaza.

The Biden administration responding to Netanyahu has ordered to cut  funding to the UN Relief and Works Agency (UNRWA), which is slated to trigger  famine and the collapse of social services:

UNRWA provides food, shelter, health care, education … for the 5.7 million UNRWA-registered Palestinian refugees in East Jerusalem, the West Bank, Gaza, Jordan, Lebanon and Syria.

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