Difference between revisions of "International Court of Justice"
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:[[Israel]]: Mr [[Aharon Barak]]<ref>''[[Document:Ex-Israeli Supreme Court chief Aharon Barak appointed as ICJ judge for genocide case]]''</ref>}} | :[[Israel]]: Mr [[Aharon Barak]]<ref>''[[Document:Ex-Israeli Supreme Court chief Aharon Barak appointed as ICJ judge for genocide case]]''</ref>}} | ||
− | The [[ICJ]] President | + | The [[ICJ]] President decides whether a permanent Judge has to stand down temporarily to make way for a Judge ''ad hoc''.<ref>''[https://www.youtube.com/watch?v=oVRfKlTPT1E "Can the US and Israel stitch up genocide hearing?"]''</ref> |
− | ==Genocide in Gaza== | + | ==Israel and the OPT== |
+ | On 30 December 2022, ten months before the [[2023-2024 Israel-Hamas War]] began, the [[UN General Assembly]] adopted resolution A/RES/77/247 requesting the [[ICJ]] to answer these questions in relation to [[Israel]] and the [[Occupied Palestinian Territory]] (OPT): | ||
+ | |||
+ | "(a) What are the legal consequences arising from the ongoing violation by [[Israel]] of the right of the [[Palestinian people]] to self-determination, from its prolonged occupation, settlement and annexation of the [[OPT|Palestinian territory occupied since 1967]], including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? | ||
+ | |||
+ | "(b) How do the policies and practices of [[Israel]] referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the [[United Nations]] from this status?”<ref>''[https://www.un.org/unispal/wp-content/uploads/2023/01/A.RES_.77.247_301222.pdf "Resolution adopted by the General Assembly on 30 December 2022"]''</ref> | ||
+ | |||
+ | ===Genocide in Gaza=== | ||
{{YouTubeVideo | {{YouTubeVideo | ||
|code=MOW_1exsHE8 | |code=MOW_1exsHE8 | ||
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On 24 May 2024, the ICJ issued Summary Judgment 2024/6 which, ''inter alia'', stated:{{QB| | On 24 May 2024, the ICJ issued Summary Judgment 2024/6 which, ''inter alia'', stated:{{QB| | ||
:"[[Israel]] must immediately halt its military offensive, and any other action in the [[Rafah Governorate]], which may inflict on the [[Palestinian]] group in [[Gaza]] conditions of life that could bring about its physical destruction in whole or in part."<ref>''[https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-sum-01-00-en.pdf "Application of the Genocide Convention in the Gaza Strip (South Africa v. Israel) – Request for the modification of the Order of 28 March 2024"]''</ref>}} | :"[[Israel]] must immediately halt its military offensive, and any other action in the [[Rafah Governorate]], which may inflict on the [[Palestinian]] group in [[Gaza]] conditions of life that could bring about its physical destruction in whole or in part."<ref>''[https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-sum-01-00-en.pdf "Application of the Genocide Convention in the Gaza Strip (South Africa v. Israel) – Request for the modification of the Order of 28 March 2024"]''</ref>}} | ||
+ | |||
+ | ===ICJ Advisory Opinion=== | ||
+ | In response to [[UNGA]] resolution A/RES/77/247, the [[ICJ]] issued on Friday 19 July 2024 its Advisory Opinion which found that [[Israel]]’s decades-long [[OPT|occupation of the Palestinian territories]] was “unlawful”, and that its “near-complete separation” of people in the occupied [[West Bank]] breached [[international law]]s concerning “racial segregation” and “[[apartheid]].”<ref>''[https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-pre-01-00-en.pdf "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem"]''</ref> | ||
+ | |||
+ | Delivering the court’s findings, ICJ President [[Nawaf Salam]] said that [[Israel]] must make reparations to [[Palestinians]] for damages caused by its occupation, adding that the [[UN Security Council]], the [[UN General Assembly]] and all states have an obligation to not recognise [[Israel]]’s occupation as legal.<ref>''[https://www.middleeasteye.net/news/icj-delivers-landmark-opinion-57-year-israeli-occupation "ICJ: Israeli occupation of Palestinian lands is 'unlawful' and breaches laws concerning apartheid"]''</ref> | ||
+ | |||
+ | A detailed summary of the [[ICJ]]'s Advisory Opinion is recorded [https://law4palestine.org/summary-of-the-advisory-opinion-of-the-international-court-of-justice-on-the-illegality-of-the-israeli-occupation-of-the-occupied-palestinian-territories-and-the-consequences-thereof/ here.]<ref>''[https://law4palestine.org/summary-of-the-advisory-opinion-of-the-international-court-of-justice-on-the-illegality-of-the-israeli-occupation-of-the-occupied-palestinian-territories-and-the-consequences-thereof/ "Summary of the Advisory Opinion of the International Court of Justice on the Illegality of the Israeli Occupation of the Occupied Palestinian Territory and the Consequences Thereof"]''</ref> | ||
==US vetoes enforcement== | ==US vetoes enforcement== |
Revision as of 12:59, 21 July 2024
![]() ![]() (Court) ![]() ![]() ![]() | |
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Formation | 1945 |
Parent organization | UN |
Headquarters | The Hague, Netherlands |
Leader | International Court of Justice/President |
Type | • legal • international |
The international court charged with preventing war crimes which is constitutionally unable to carry out its mission as regards the permanent members of the UN security council (and their allies) which are also (more or less) the world's most active weapons producers and wagers of illegal war. |
The International Court of Justice (ICJ), also called the World Court, is one of the six principal organs of the United Nations (UN), which settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law (subject to Article 59 of the Statute of the International Court of Justice).
Contents
Background
Established in 1945 by the UN/Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice.
Current Members
The ICJ comprises a bench of fifteen Judges, each elected to a nine-year term of office by the United Nations General Assembly and the UN Security Council. Members of the Court are independent Judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.
When engaged in the business of the Court, ICJ Members enjoy privileges and immunities comparable with those of the head of a diplomatic mission. In The Hague, the President takes precedence over the doyen of the diplomatic corps, who is followed by the Vice-President, after which precedence alternates between Judges and Ambassadors. Each Member of the Court receives an annual salary consisting of a base salary (which, for 2023, amounts to US$191,263 and post adjustment, with a special supplementary allowance of US$25,000 for the President. On leaving the Court, Judges receive an annual pension which, after a nine-year term of office, is equal to half the annual base salary.[1]
- President Nawaf Salam
- Lebanon
- Member of the Court since 6 February 2018; President of the Court as from 6 February 2024
- Vice-President Julia Sebutinde
- Uganda
- Member of the Court since 6 February 2012; re-elected as from 6 February 2021; Vice-President of the Court as from 6 February 2024
- Judge Peter Tomka
- Slovakia
- Member of the Court since 6 February 2003; re-elected as from 6 February 2012 and as from 6 February 2021; Vice-President of the Court from 6 February 2009 to 5 February 2012; President of the Court from 6 February 2012 to 5 February 2015
- Judge Ronny Abraham
- France
- Member of the Court since 15 February 2005; re-elected as from 6 February 2009 and as from 6 February 2018; President of the Court from 6 February 2015 to 5 February 2018
- Judge Mohamed Bennouna
- Morocco
- Member of the Court since 6 February 2006; re-elected as from 6 February 2015
- Judge XUE Hanqin
- China
- Member of the Court since 29 June 2010; re-elected as from 6 February 2012 and as from 6 February 2021; Vice-President of the Court from 6 February 2018 to 8 February 2021
- Judge Dalveer Bhandari
- India
- Member of the Court since 27 April 2012, re-elected as from 6 February 2018
- Judge Iwasawa Yuji
- Japan
- Member of the Court since 22 June 2018; re-elected as from 6 February 2021
- Judge Georg Nolte
- Germany
- Member of the Court since 6 February 2021
- Judge Hilary Charlesworth
- Australia
- Member of the Court since 5 November 2021
- Judge Leonardo Nemer Caldeira Brant
- Brazil
- Member of the Court since 4 November 2022
- Judge Juan Manuel Gomez Robledo
- Mexico
- Member of the Court since 6 February 2024
- Judge Sarah H. Cleveland
- United States of America
- Member of the Court since 6 February 2024
- Judge Bogdan-Lucian Aurescu
- Romania
- Member of the Court since 6 February 2024
- Judge Dire Tladi
- South Africa
- Member of the Court since 6 February 2024[2]
Judges ad hoc
Judges ad hoc are appointed by litigant countries when their cases come before the Court. For example:
- Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation: 32 States intervening)[3]
- Ukraine: Mr Yves Daudet
- Proceedings instituted by South Africa against the State of Israel on 29 December 2023[4]
The ICJ President decides whether a permanent Judge has to stand down temporarily to make way for a Judge ad hoc.[7]
Israel and the OPT
On 30 December 2022, ten months before the 2023-2024 Israel-Hamas War began, the UN General Assembly adopted resolution A/RES/77/247 requesting the ICJ to answer these questions in relation to Israel and the Occupied Palestinian Territory (OPT):
"(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
"(b) How do the policies and practices of Israel referred to in paragraph 18 (a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”[8]
Genocide in Gaza
South Africa accuses Israel of genocide |
On 11 January 2024, the Republic of South Africa presented its case to the ICJ accusing the State of Israel of committing actions in the Occupied Palestinian Territory of Gaza that are "genocidal in character" against the Palestinian people.[9]
Faced with a toll of more than 22,100 people killed between mid-October and 3 January in Gaza, Pretoria invoked “its rights and obligations” to prevent genocide and “protect the Palestinians of Gaza from destruction”. These rights and obligations are exercised within the framework of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide.[10]
Concluding a 3-hour sitting of the Court, South Africa's Ambassador at The Hague Vusi Madonsela called upon the ICJ to order Israel to:
- Cease all military activities in the OPT;
- Stop killing and causing serious mental and physical harm to the Palestinian people in Gaza;
- Stop deliberately imposing living conditions intended to bring about their physical destruction as a group; and,
- Allow access to humanitarian aid.[11]
On 12 January 2024, Israel presented its case. The Israeli delegation was led by Mr Gilad Noam, Deputy Attorney General for International Law, Ministry of Justice of the State of Israel, Mr Tal Becker, Legal Adviser, Ministry of Foreign Affairs of the State of Israel, and Ms Tamar Kaplan Tourgeman, Principal Deputy Legal Adviser of the Ministry of Foreign Affairs of the State of Israel, as Co-Agents.
Israel responded: “In accordance with Article 60, paragraph 2, of the Rules of Court, for the reasons given during the hearing of 12 January 2024 and any other reasons the Court might deem appropriate, the State of Israel hereby requests the Court to:
- Reject the request for the indication of provisional measures submitted by South Africa; and
- Remove the case from the General List.”[12]
The ICJ said in a statement on Wednesday 24 January 2024 that the 17-Judge panel will announce its response to South Africa’s requests in Court on January 26:[13]
- On Friday 26 January 2024, the ICJ will deliver its Order on the Request for the indication of provisional measures submitted by South Africa in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). A public sitting will take place at 1 p.m. at the Peace Palace in The Hague, during which Judge Joan E. Donoghue, the President of the Court, will read the ICJ’s Order.[14]
On 26 January 2024, the ICJ delivered its Order on South Africa’s request.[15]
Further developments
On 23 January 2024, Nicaragua, referring to Article 62 of the Statute of the Court, filed in the Registry of the Court an Application for permission to intervene “as a party” in the case.[16]
On 16 February 2024, the Court issued its decision on South Africa’s request for additional provisional measures dated 12 February 2024.[17]
On 28 March 2024, the Court indicated additional provisional measures, following a request from South Africa, dated 6 March 2024, for the indication of additional provisional measures and/or the modification of its Order of 26 January 2024.[18]
On 5 April 2024, Colombia, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.[19]
On 10 May 2024, Libya, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.[20]
On 10 May 2024, South Africa filed an urgent request with the Court for the indication of additional provisional measures and the modification of provisional measures previously prescribed by the Court.[21]
On 13 May 2024, Egypt announced it will join South Africa’s genocide case against Israel at the ICJ.[22]
On 16 and 17 May 2024, the ICJ will hold hearings on South Africa's request of 10 May for the indication of additional provisional measures & the modification of measures previously prescribed by the Court in the case South Africa v Israel.[23]
On 24 May 2024, the ICJ issued Summary Judgment 2024/6 which, inter alia, stated:
- "Israel must immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part."[24]
ICJ Advisory Opinion
In response to UNGA resolution A/RES/77/247, the ICJ issued on Friday 19 July 2024 its Advisory Opinion which found that Israel’s decades-long occupation of the Palestinian territories was “unlawful”, and that its “near-complete separation” of people in the occupied West Bank breached international laws concerning “racial segregation” and “apartheid.”[25]
Delivering the court’s findings, ICJ President Nawaf Salam said that Israel must make reparations to Palestinians for damages caused by its occupation, adding that the UN Security Council, the UN General Assembly and all states have an obligation to not recognise Israel’s occupation as legal.[26]
A detailed summary of the ICJ's Advisory Opinion is recorded here.[27]
US vetoes enforcement
In 1986, after the court ruled that the United States's covert war against Nicaragua violated international law, the US simply withdrew from compulsory jurisdiction. Although Chapter XIV of the UN Charter authorises the Security Council to enforce court rulings, such enforcement is subject to the veto power of the five permanent members of the council, so the United States simply vetoed enforcement of the case, allowing it to avoid the effective sanction of the ICJ.
The court has ignored obvious evidence of illegality in connection with the 2003 Iraq War, notably when the Kuala Lumpur War Crimes Commission found Tony Blair and a bunch of US government officials guilty of war crimes.
Ruling on Kosovo
In its Advisory Opinion of 22 July 2010, the ICJ concluded that the declaration of independence in respect of Kosovo in its precise historical circumstances "did not violate any applicable rule of international law".[28][29] The declaration of independence thus set a precedent that could apply to other separatist movements.[30]
A Document by International Court of Justice
Title | Document type | Publication date | Subject(s) | Description |
---|---|---|---|---|
Document:South Africa institutes Genocide Convention proceedings against Israel | statement | 29 December 2023 | Israel South Africa Occupied Palestinian Territory International Court of Justice Genocide Convention Israeli–Palestinian conflict 2023 Gaza−Israel conflict | South Africa's 84-page Application instituting Genocide Convention proceedings against Israel |
Related Quotation
Page | Quote | Author | Date |
---|---|---|---|
Craig Murray | “The International Court of Justice has stated definitively that the Israeli occupation is illegal and it is the duty of states not to support it. Yet in UK law it is perfectly legal to state that you support the IDF and hope that they kill all the Palestinians in Gaza But it is illegal in the UK - and carries 14 years in jail - to express support for named Palestinian organisations engaged, legally in international law, in armed resistance to illegal occupation.” | Craig Murray | 20 August 2024 |
Related Documents
Title | Type | Publication date | Author(s) | Description |
---|---|---|---|---|
Document:A Devastating Indictment of Israel’s War on Gaza | Article | 11 January 2024 | Mike Small Roshdi Sarraj | |
Document:Dikgang Moseneke to join bench of judges in Israel-Hamas world court case | Article | 5 January 2024 | Kgaugelo Masweneng | Should presiding American Judge Joan Donoghue recuse herself when it comes to determining whether US staunch ally Israel has committed genocide in Gaza? |
Document:Ex-Israeli Supreme Court chief Aharon Barak appointed as ICJ judge for genocide case | Article | 8 January 2024 | The New Arab Staff | Aharon Barak argued that the rules of collateral damage permit the killing of Palestinian fighters even if led to the deaths of children. This was approved by Barak himself in a 2006 Supreme Court ruling, as cited in a report by a Canadian news outlet. |
Document:Existence vs Expansion | blog post | 21 July 2024 | Craig Murray | The International Court of Justice Advisory Opinion is extremely lucid and decisive. The ball is now back in the court of the UN General Assembly, which requested the Opinion. The General Assembly now should move to suspend Israel’s membership of the United Nations. That is the next project on which I shall be working. |
Document:Has International Law Survived, or Has the Western Political Class Killed It? | blog post | 28 January 2024 | Craig Murray | Now think of this: the very next day after President Herzog made a genocidal statement, as determined by the International Court of Justice, he was met and offered “full support” by Ursula von der Leyen, President of the European Commission and Roberta Metsola, President of the European Parliament |
Document:ICJ to decide on emergency measures in Israel-Gaza genocide case this week | Article | 24 January 2024 | Al Jazeera staff | South Africa’s Foreign Minister Naledi Pandor will travel to The Hague to be present at the International Court of Justice as it rules on the Israeli genocide in Gaza. |
Document:International justice: the South African complaint against Israel for “genocide” in Gaza | Article | 10 January 2024 | United Nations Regional Information Centre for Western Europe | |
Document:Israel Goes to Court for the Crime of Genocide | Article | 12 January 2024 | Philip Giraldi | The plan by America’s “best friend” and “closest ally” to nuke the world even has a name: the “Samson Option,” recalling how the Biblical strongman Samson brought down the temple where the Philistines were mocking him, killing thousands of them. |
Document:On Gaza, Sunak's Tories and Starmer's Labour have merged into a single pro-war party | Article | 22 January 2024 | Peter Oborne | If the ICJ rules in South Africa’s favour then Rishi Sunak, as well as US President Joe Biden, will be wide open to the charge that they are aiding and abetting genocide. And so will Labour’s Keir Starmer. |
Document:Only a failing US empire would be so blind as to cheer Netanyahu and his genocide | Article | 26 July 2024 | Jonathan Cook | Members of the US Congress roared “USA!” to their satrap from Israel, just as Roman senators once roared “Glory!” to generals whose victories they assumed would continue forever. Every empire falls. Its collapse becomes inevitable once its rulers lose all sense of how absurd and abhorrent they have become. |
Document:South Africa institutes Genocide Convention proceedings against Israel | statement | 29 December 2023 | International Court of Justice | South Africa's 84-page Application instituting Genocide Convention proceedings against Israel |
Document:South Africa’s Case Was a Display of International Solidarity - We Should Support It | Article | 12 January 2024 | Jeremy Corbyn | At the International Court of Justice, South Africa spoke on behalf of the billions of people who oppose Israel's genocide in Gaza — and put Western governments to shame for their deplorable complicity. |
Document:The Presence of Evil | Wikispooks Page | 25 July 2024 | Craig Murray | Netanyahu’s slanderous attacks on the institutions of international law were applauded to the rafters by America’s political leaders. The whole world was watching, and took note. The Zionist project per se is evil. To steal another people’s land and subject them to long and progressive genocide is about as evil a deed as can be imagined. |
Document:To continue the Gaza genocide, Israel and the US must destroy the laws of war | Article | 31 May 2024 | Jonathan Cook | Now, as Netanyahu and Gallant risk being put in the dock at The Hague, Washington is finally finding its resolve to act. Not to stop genocide. But to offer Israel protection to carry on. |
Document:Watch the West continue to make a mockery of international law | blog post | 19 July 2024 | Jonathan Cook | The World Court concludes that the Palestinians are owed massive reparations. At a bare minimum, western governments must recognise the state of Palestine and impose sanctions on Israel until it withdraws from the occupied territories. |
Document:Your Man in the Hague (In a Good Way) Part 1 | blog post | 11 January 2024 | Craig Murray | The fact of genocide is incontrovertible and had been plainly set out. But several of the Judges are desperate to find a way to please the USA and Israel and avoid countering the current Zionist narrative, the adoption of which is necessary to keep your feet comfortably under the table of the elite. |
Document:Your Man in the Hague (In a Good Way) Part 2 | blog post | 14 January 2024 | Craig Murray | "These two days in the Hague were absolutely crucial for deciding if there is any meaning left in notions of international law and human rights. I still believe action by the Court could cause the US and UK to back off and provide some measure of relief. For now, let us all pray or wish, each in our way, for the children of Gaza." |
A document sourced from International Court of Justice
References
- ↑ "Members of the Court"
- ↑ "Current Members of the ICJ"
- ↑ "International Court of Justice: Ukraine v. Russia"
- ↑ Document:South Africa institutes Genocide Convention proceedings against Israel
- ↑ Document:Dikgang Moseneke to join bench of judges in Israel-Hamas world court case
- ↑ Document:Ex-Israeli Supreme Court chief Aharon Barak appointed as ICJ judge for genocide case
- ↑ "Can the US and Israel stitch up genocide hearing?"
- ↑ "Resolution adopted by the General Assembly on 30 December 2022"
- ↑ Document:International justice: the South African complaint against Israel for “genocide” in Gaza
- ↑ Document:South Africa institutes Genocide Convention proceedings against Israel
- ↑ "South Africa presents arguments accusing Israel of 'genocidal acts' in Gaza at the ICJ"
- ↑ "Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024"
- ↑ "ICJ to decide on emergency measures in Israel-Gaza genocide case on Friday"
- ↑ "The Court to deliver its Order on Friday 26 January 2024 at 1 p.m."
- ↑ "Order by the ICJ dated 26 January 2024"
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240123-int-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240216-pre-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240328-pre-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240405-int-01-00-en.pdf
- ↑ https://www.icj-cij.org/sites/default/files/case-related/192/192-20240510-int-01-00-en.pdf
- ↑ "South Africa asks the Court urgently to indicate further provisional measures", 10 May 2024
- ↑ "Why Egypt joining ICJ case against Israel is ‘unprecedented’"
- ↑ "On Thursday 16 May and Friday 17 May 2024, the International Court of Justice will hold public hearings at the Peace Palace in The Hague, the seat of the Court, on the request filed by South Africa on 10 May 2024"
- ↑ "Application of the Genocide Convention in the Gaza Strip (South Africa v. Israel) – Request for the modification of the Order of 28 March 2024"
- ↑ "Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem"
- ↑ "ICJ: Israeli occupation of Palestinian lands is 'unlawful' and breaches laws concerning apartheid"
- ↑ "Summary of the Advisory Opinion of the International Court of Justice on the Illegality of the Israeli Occupation of the Occupied Palestinian Territory and the Consequences Thereof"
- ↑ https://www.bbc.com/news/world-europe-10730573
- ↑ https://www.researchgate.net/publication/305652516_The_ICJ_Advisory_Opinion_on_the_Unilateral_Declaration_of_Independence_in_Respect_of_Kosovo_Rules_or_principles
- ↑ https://www.cato.org/commentary/kosovo-precedent-still-haunting-nato#