By Marjorie Cohn / Truthout
Israel is continuing its genocidal campaign against the Palestinians in Gaza and hindering humanitarian relief efforts despite specific orders from the International Court of Justice (ICJ), or the World Court, to refrain from these very actions.
On January 26, in South Africa’s genocide case against Israel, the ICJ ordered the following provisional measures be taken:
- Israel shall prevent the commission of all genocidal acts, especially (a) killing Palestinians in Gaza; (b) causing serious bodily or mental harm to Palestinians in Gaza; (c) deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction in whole or in part; and (d) imposing measures intended to prevent Palestinian births in Gaza;
- Israel shall immediately ensure that its military does not commit any of the acts listed above;
- Israel shall punish the direct and public incitement to commit genocide;
- Israel shall immediately enable urgently needed basic services and humanitarian assistance to Palestinians in Gaza;
- Israel shall prevent the destruction and ensure the preservation of evidence; and
- Israel shall submit a report to the ICJ on all measures taken to carry out this order within one month.
Since the ICJ issued the order, Israel has consistently flouted its mandate.
Israel Continues to Kill, Wound and Deny Humanitarian Aid
Gaza’s Health Ministry reported that between January 26 and February 23, more than 3,400 Palestinians in Gaza had been killed. Israeli forces repeatedly killed and wounded civilians fleeing or taking shelter in areas the Israeli military had declared “safe zones.” As of this writing, more than 32,000 Palestinians have been killed and nearly 75,000 have been wounded in Gaza.
One month after the ICJ’s ruling, Human Rights Watch reported that, “Israel continues to obstruct the provision of basic services and the entry and distribution within Gaza of fuel and lifesaving aid, acts of collective punishment that amount to war crimes and include the use of starvation of civilians as a weapon of war. Fewer trucks have entered Gaza and fewer aid missions have been permitted to reach northern Gaza in the several weeks since the ruling than in the weeks preceding it,” citing a study by the United Nations Office of the Coordination of Humanitarian Affairs.
“The Israeli government is starving Gaza’s 2.3 million Palestinians, putting them in even more peril than before the World Court’s binding order,” said Omar Shakir, who is Israel and Palestine director at Human Rights Watch. “The Israeli government has simply ignored the court’s ruling, and in some ways even intensified its repression, including further blocking lifesaving aid.”
On March 18, the Integrated Food Security Phase Classification, the world’s leading tracker of humanitarian crises, reported that a state of famine is “imminent” in Gaza unless there is an immediate ceasefire and full access granted to protect civilians; provide food, water and medicine; and restore health, water, energy and sanitation services.
Euro-Med Human Rights Monitor found that “The ongoing Israeli massacre in Gaza City’s Al-Shifa Medical Complex and surrounding areas has left at least 100 Palestinians dead, many of whom were victims of extrajudicial executions after their arrest. The international community must intervene immediately to put an end to this atrocity.”
South Africa Asks the ICJ to Order Additional Measures
In light of Israel’s impending ground offensive in Rafah, South Africa returned to the ICJ on February 12 and requested additional provisional measures. South Africa noted that Rafah is generally home to 280,000 Palestinians. But as of February 12, 1.4 million people — more than half of Gaza’s population, about half of whom are children — were living there, predominantly in makeshift tents. Pursuant to Israeli military evacuation orders, these people fled to Rafah from their homes and areas that had been largely destroyed by Israel. The International Committee of the Red Cross said there is “no option” for them.
On February 16, the ICJ refused to order additional provisional measures. But the court quoted UN Secretary General Antonio Guterres, who said that a large-scale assault against Rafah “would exponentially increase what is already a humanitarian nightmare with untold regional consequences.” The court concluded: “This perilous situation demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024, which are applicable throughout the Gaza Strip, including in Rafah, and does not demand the indication of additional provisional measures.”
An Israeli ground assault on Rafah would be disastrous. President Joe Biden has reportedly asked Israel not to assault Rafah during Ramadan (which would present a public relations fiasco for the U.S.). But Israel is likely to mount its genocidal attack on Rafah after Ramadan ends on April 9.
On March 6, as the slaughter continued, South Africa once again returned to the ICJ and requested additional provisional measures “in order urgently to ensure the safety and security of 2.3 million Palestinians in Gaza, including over a million children.” South Africa asked the court to order: “All participants in the conflict must ensure that all fighting and hostilities come to an immediate halt, and that all hostages and detainees are released immediately.”
South Africa also urged the court to order that Israel immediately and effectively “enable the provision of urgently needed basic services and humanitarian assistance to address famine and starvation and the adverse conditions of life faced by Palestinians in Gaza.” The measures South Africa requested would require Israel to (a) immediately suspend its military operations in Gaza; (b) lift its blockade of Gaza; (c) rescind all other existing measures and practices that directly or indirectly obstruct the access of Palestinians in Gaza to humanitarian assistance and basic services; and (d) ensure the provision of adequate and sufficient food, water, fuel, shelter, clothing, hygiene, sanitation requirements and medical aid.
Israel responded on March 15, calling South Africa’s request for additional provisional measures “morally repugnant” and “an abuse both of the Genocide Convention and of the Court itself.” Israel characterized South Africa’s petition as “unusual in its bellicose and offensive tone” and “belligerent and disingenuous.” It labeled South Africa’s charges “outrageous” and “categorically denied” them, invoking Israel’s “inherent right to defend itself.” It made the incredulous claim that “Israel remains unwavering in its commitment to its humanitarian obligations and the charge that it seeks to deliberately harm the Palestinian civilian population must be rejected outright.”
The ICJ has not yet ruled on South Africa’s March 6 request for additional provisional measures.
Other Pending Cases
In addition to South Africa’s genocide case against Israel, several other lawsuits are pending. They include a case brought in the ICJ by Nicaragua against Germany for facilitating Israel’s genocide in Gaza; a case filed by Palestinians against Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin in U.S. federal court for complicity in genocide and failure to prevent genocide; and a case that the UN General Assembly referred to the ICJ regarding whether Israel’s occupation of Palestinian territory is illegal.
These cases have propelled the issue of the legality of Israel’s genocide in Gaza and occupation of Palestinian territory into the international discourse. We can expect to see additional litigation in the ICJ, including cases Nicaragua intends to file against the United Kingdom, the Netherlands and Canada for supplying weapons to Israel as it commits genocide.
The genocide being witnessed by the global community may also spur individual countries to sue Israeli and U.S. leaders for genocide under the well-established doctrine of universal jurisdiction.
While Israel and its accomplices continue to violate the ICJ’s orders and other international laws, millions of people have taken to the streets in support of the Palestinian people. The genocide in Gaza has led to the “mobilization of shame” whereby Israel is condemned in the eyes of the world for its atrocities against Palestinians. Israel’s genocide has fueled the Boycott, Divestment, Sanctions movement, and states like Nicaragua and South Africa are taking steps to compel the enforcement of legal consequences for Israel and its enablers.
By Zehra Imam / Mondoweiss
As Palestinians are slaughtered by the thousands in Gaza and violently attacked during night prayers in the al-Aqsa Mosque by Israel, the West Bank endures massacres that at times go unnoticed during this holy month. I have spent my Ramadan in conversation with a friend from Jenin.
Much has changed since I visited Aseel (not her real name) in August 2023. There are things I saw in Jenin that no longer exist. One of them is my friend’s smile and her spark.
Usually, they say Jenin is a small Gaza. During Ramadan, because the attacks generally happen at night, people are an easy target because they are on the streets late at night. In the past, it was rare for the IOF to enter during the day. Now, they attack during the day; their special forces enter, and after people discover them, their soldiers come within minutes.
Every 2-3 days, there is a new attack in Jenin. In our minds, there is a constant ringing that the IOF may come. We don’t know at what time we will be targeted or when they will enter. There is no stability in our lives.
Even when we plan for something, we hedge it with our inshallahs and laugh. There are a lot of ifs. If they don’t enter the camp. If there are no martyrs. If there is no strike.
On the second day of Ramadan, they attacked my neighborhood again. We thought it was a bombing because it started with an explosion, but the house was shaking. We were praying fajr, and everyone was screaming outside. The sound of the drone was in our ears. “No, these are missiles,” we realized.
There was panic in the streets. Women fainted. People had been walking back from praying at the mosque, and some were still in the street. Alhamdulillah, no one was hurt, we say.
The balcony to the room at my uncle’s house where we slept had fallen. It no longer had any glass, and a bullet entered my uncle’s bedroom and reached the kitchen. The drone hit the trees in front of our house. The missiles destroyed the ceiling, and the rockets reached my neighbor’s house on the first floor, exactly in front of our house.
Since October 7, Jenin has become a target. There is a clear escalation in the camp and the city. The IOF has used many different weapons to kill us here. They have even been aggressive toward the infrastructure, as though every inch of our city was resisting them.
They destroyed much of the camp, and there is no entrance now. The arch is gone, and there is no sign reminding us that Jenin refugee camp is a temporary place. There is no horse. Only the street is left. You have the photographs. You were lucky. They changed the shape of the camp, and everything has been destroyed.”Aseel
The first time Aseel and I met in person was in Nablus at the Martyrs Roundabout. As we caught up, we ate a delicious concoction of ice cream, milk, nuts, and fresh fruit that was a perfect balm to the heat. She took me to some of her favorite places nestled within the old city of Nablus. A 150-year-old barber’s shop that felt like you had entered an antique store where plants reached the ceiling and where the barber was a massive fan of Angelina Jolie. A centuries-old house now called Tree House Cafe looked like a hobbit home from Lord of the Rings, where we hid away as she sipped her coffee and I drank a mint lemonade. We visited one of the oldest soap factories in the world with ingredients such as goat’s milk and olive oil, jasmine and pomegranates, even dates and Dead Sea mud.
We happened to chance upon a Sufi zawiya as we walked through a beautiful archway decorated with lanterns, light bulbs, and an assortment of potted plants, after which we saw a cobalt blue door on our left and an azul blue door with symmetrical red designs, and Quranic ayat like incantations on our right as doors upon doors greeted us.
The air was welcoming yet mingled with the memory of martyrs whose memorials took over the landscape, sometimes in the form of larger-than-life portraits surrounded by complex four-leafed magenta-white flowers; posters above a water spout next to a heart-shaped leaf; a melted motorcycle that, too, was targeted in the neighborhood that hosted the Lions’ Den. We stopped to pray at a masjid, quiet and carpeted.
After a bus ride from Nablus to Jenin, on our walk before entering Jenin camp, Aseel showed me the hospital right outside the camp. She pointed out the barricades created to keep the occupation forces from entering specific streets. This is the same hospital that the occupation forces blocked during the July 2023 attack, which now seems like a lifetime ago.
What caught my eyes again and again were the two Keys of Return on top of the entrance of Jenin Camp that symbolized so much for Palestinians.
“This is a temporary station,” Aseel read out loud to me. “That’s what it says. We are supposed to return to our homes.”
“Netanyahu said he is planning another big attack, so the resistance fighters are preparing because it can happen any day,” she had told me that evening as we shared Jenin-style knafeh, baked to perfection. Then she stopped, looked at the sky, and said humorously, “Ya Allah, hopefully not today!” And we both laughed because of its potential reality.
Dinner on the terrace at her uncle’s home was a delicious spread of hummus, laban, fries, cucumbers pickled by her aunt, and arayes — fried bread stuffed with meat. Then we moved the furniture to sleep on mattresses in a room that extended to the rooftop terrace with a breeze, overlooking Jenin Camp and the rest of Jenin City. We could hear gunshots in the distance. The drones were commonplace, and the heat did not relent. Temperatures soared, and the electricity was out when we woke up at 5 a.m. I heard her pray, and later, as we sipped on coffee and had wafters in the early morning at her home, my eyes went to a piece of tatreez, or embroidery, of a bird in flight framed on the wall. Her eyes followed mine and when I said I loved it.
“It used to be my grandfather’s,” she told me. “Of course it’s beautiful — the bird is free.”
Unexpectedly, Aseel’s mother gifted me a Sprite bottle full of olive oil beholding the sweet hues of its intact health, which I would later ship secretly from Bethlehem all the way to Boston. And then Aseel came to me with a gift, too: a necklace that spoke succinctly about the right to return and live on this earth. Mahmoud Darwish’s poetry was held together with intricate calligraphy carved in the shape of Palestine’s landscape, and I was completely overwhelmed.
“You are in Palestine, my dear,” she had smiled. “And you are now my family. This is your country, this is your second home, really.”
When I ask her about what brings her hope these days, Aseel tells me about her eight-year-old nephew.
He wanted to eat two meals. I told him that in Gaza they don’t have food. He was complaining about the food, and I told him, they don’t have water. And he heard me because he said, “today, we will only have one meal.”
I’m amazed at how mature he is. He even said, “We won’t make a special cake on Eid because of the Gazans.” For me, this is a lesson to be learned. He is only eight years old, but he knows.
We have lost a lot of people in Gaza, but here in the West Bank, we are succeeding because our new generation knows a lot. Ben Gurion would not be happy. He said of Palestinians, “the old will die and the young will forget.” No, the young ask even more questions. The new generation brings us hope. Hope is the new generation.
/sp
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Marjorie Cohn
Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the national advisory boards of Assange Defense and Veterans For Peace, the bureau of the International Association of Democratic Lawyers, and the U.S. representative to the continental advisory council of the Association of American Jurists. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.