The Shameful and Strange Ruling Against Israel at the ICJ

(AP Photo/Peter Dejong)

In the war launched by Hamas and Gazans against Israel on October 7, only one side has publicly and repeatedly promised genocidal extinction to the other. The International Court of Justice has, predictably, decided that the target of that genocidal ambition has to answer for its self-defense.

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Weirdly, though, the ICJ decided to creep up on that position, demanding that Israel preserve ‘evidence’ of its genocidal actions while supplying more aid to their enemies at war:

The United Nations’ top court has told Israel it must take measures to prevent its forces from committing acts of genocide against Palestinians — but stopped short of using its power to order a full cease-fire in the Israeli military campaign in the Gaza Strip.

The ICJ also said Israel must allow humanitarian aid to the Palestinians and not destroy any evidence related to the case. These “provisional measures” are different than the main ask requested by South Africa, which is bringing the case and wanted a total and immediate cease-fire.

The ICJ judge called this order “provisional” while the court mulls over the argument from Hamas ally South Africa of an Israeli genocide taking place in Gaza. A better word for this would be inversion.

In the first place, Hamas and Gaza invaded southern Israel on October 7th in violation of an existing cease-fire. That in itself is perfidy as well as a legitimate cassus belli. Israel formally declared war at that point and has been operating under the rules of war since that time. Hamas has taken every opportunity to violate those rules by engaging in offensive operations out of uniform, hiding military assets and operations within civilian structures, and deliberately targeting unarmed civilians for both murder and widespread rape and pillaging. The ICJ barely notices these crimes, and has nothing to say at all about promises by Hamas to keep repeating the October 7 massacres until Israel is destroyed.

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That brings us to the separate but related issue of Hamas and Palestinian Islamic Jihad (PIJ) operations before October 7. Even though they have signed numerous cease-fires, both organizations routinely fire unguided rockets and missiles at Israeli civilian populations, and have for the past 17 years. They launch those rockets near civilian infrastructure to goad Israel into creating civilian casualties. These are crimes under the rules of war and makes the perfidious party responsible for all casualties. It also demonstrates that Hamas and PIJ are the parties engaged in genocide, not Israel, which has had to spend a fortune on its Iron Dome defense system to minimize civilian deaths from constant terror attacks from Gaza.

Hamas is the recognized government in Gaza. If the Gazans want the war to end, they can formally capitulate to the aggrieved party and surrender Hamas leaders and terrorists, just like any other nation would have to do to sue for peace. The Germans and Japanese did exactly that at the end of World War II after their wars of genocidal ambition turned out badly for them. Until then, this is the war that Gazans initiated, and for which they spent the last 17 years preparing by redirecting billions of dollars in aid and turning Gaza into a military base for its genocidal ambitions. Israel has every right to prosecute this war to finally put an end to it.

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The ICJ is trying the wrong party in this war. But because it’s an adjunct of the United Nations, the ICJ’s anti-Israel bias is what drove this ruling, not “justice,” and serves as just another reminder of the uselessness of the UN and the ICJ. Israel’s response today should be … say, what is the Hebrew for “kiss my ass”?

In other news, Jewish Insider reports that a new regional security deal may be emerging in which Israel agrees to pursue a two-state solution — and the Saudis take over security in Gaza:

Sen. Kirsten Gillibrand (D-NY), who recently returned from a trip to Israel, Saudi Arabia and Jordan, told Jewish Insider on Thursday that Arab states stand ready to seal a regional peace deal with Israel in the near future — if Israel commits to a two-state solution.

“They’re available to do this long-term peace agreement. They are willing to play a role in rebuilding a Palestinian state, providing security and creating an international regional alliance to fight against Hamas, Hezbollah, Iran and all its proxies,” Gillibrand said. “I know and I hope that can happen in the months to come — not years — months to come.” …

Gillibrand said that the Saudi government is willing to conduct anti-terrorism and security operations with its own military personnel inside Gaza as part of an international force, with guidance from Israel. And she said the Jordanian government is “positioned” to help bring in a new Palestinian government — ”they have proposals, they have a plan.”

She argued that such an arrangement can and should come before Hamas is fully rooted out from Gaza. She explained that a regional multinational security force including Arab allies and the Palestinian population would be more effective in eliminating Hamas than Israel acting alone.

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I’m skeptical about the Saudi follow-through, but this could be a good formula for Israel. They don’t want to reoccupy Gaza, and it wouldn’t pacify and deradicalize Gazans, which is what is really needed. The Saudis, Egyptians, and Jordanians could do that if they feel it’s in their interests, and anything that breaks the Iranian encirclement-by-proxy strategy in the region definitely falls within their interests. Even Netanyahu might be inclined to at least try it at this point.

Update: Benjamin Netanyahu didn’t take long to react. In a statement released a few minutes ago, he called the ICJ’s order “vile” and rejected their input entirely:

“Israel will continue to defend itself against Hamas, a genocidal terror organization,” Netanyahu said in a message from Jerusalem. He stressed that “Israel’s commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people. Like every country, Israel has an inherent right to defend itself.

“The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected. The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it,” Netanyahu said.

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