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Friday, May 24, 2024

ICJ in Wonderland: Its rulings are for a situation that doesn't exist in reality




Here are the things the International Court of Justice today instructed Israel to do, besides reiterating its January ruling:
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.
Israel is not doing anything to bring about physical destruction of Palestinians. 

Here's a statistic you may find interesting: There are more Gazans alive today then there were on October 6. About 180 babies are born every day in Gaza, which is an increase of 41,850 since October 7, higher than even the most exaggerated estimates of deaths. 

The ICJ is instructing Israel to stop doing something it never did, never intended to do and never would do.
Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance; 
Israel is willing and able to open Rafah. There happens to be another country on the other side, Egypt, that adamantly insists on keeping Rafah closed for political reasons.

The ICJ is instructing Israel to do something that it fully agrees with but is dependent on others who refuse to.

Here's another fun fact: Egypt is not mentioned once in today's ruling.
Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide;
Israel is responsible for the security of any investigator wanting to enter Gaza. That means Israel cannot legally allow them to enter any areas that the IDF cannot guarantee they will be safe - which is still nearly all of Gaza. You can't have it both ways, giving Israel the responsibility to protect these missions coming in from the Israeli side while allowing them to go to areas where they could be killed. It is still an active war zone. 

The ICJ is instructing Israel to do something that, practically speaking, is impossible under international law. 

In all three cases, the ICJ instructions are based on circumstances in Gaza that do not exist in reality. 

Which does not make the ICJ look like they are a serious court.





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