{"id":253606,"date":"2024-02-05T12:02:13","date_gmt":"2024-02-05T12:02:13","guid":{"rendered":"https:\/\/www.transcend.org\/tms\/?p=253606"},"modified":"2024-02-01T05:58:56","modified_gmt":"2024-02-01T05:58:56","slug":"fake-justice-at-the-hague-the-icj-appoints-netanyahu-to-prevent-and-punish-those-responsible-for-genocidal-acts","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2024\/02\/fake-justice-at-the-hague-the-icj-appoints-netanyahu-to-prevent-and-punish-those-responsible-for-genocidal-acts\/","title":{"rendered":"Fake Justice at The Hague: The ICJ \u201cAppoints\u201d Netanyahu to Prevent and Punish Those Responsible for Genocidal Acts"},"content":{"rendered":"

The Criminalization of International Law<\/em><\/h3>\n

Introduction<\/strong><\/p>\n

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31 Jan 2024<\/em> – While the ICJ has\u00a0rejected Israel\u2019s attempt to dismiss South Africa\u2019s assertions, the Judgment \u2013which is full of contradictions\u2013 is\u00a0ultimately\u00a0supportive of the Likud government.<\/div>\n<\/div>\n<\/div>\n

Moreover, no ceasefire was declared by the ICJ with a view to saving lives<\/strong>. Since October 7, amply documented, the atrocities committed against the People of Palestine are beyond description. At least 10,000 children have been killed: \u201cThat is one Palestinian child killed every 15 minutes<\/a>\u2026 Thousands more are missing under the rubble, most of them are presumed dead.\u201d<\/p>\n

Of significance: The Judgment intimates that the Israeli military rather than the Netanyahu government should be held responsible for\u00a0committing criminal acts in violation of Article 2 of the Genocide Convention.<\/a>\u00a0What this \u201cstatement\u201d suggests is that \u201cNetanyahu\u2019s hands are clean\u201d.\u00a0Nonsense!<\/strong><\/p>\n

There is ample evidence that the genocide was carefully planned well in advance of October 7, 2023 by Netanyahu\u2019s Cabinet.<\/p>\n

There is a command structure within the Israeli military.\u00a0Israeli soldiers and pilots obey the \u201cillegal orders\u201d emanating\u00a0from the\u00a0Netanyahu\u00a0government.<\/p>\n

USA Endorses the Genocide<\/strong><\/h3>\n

In many regards, the World Court\u2019s judgment contradicts its own mandate<\/a>:\u00a0Presided by a former legal advisor to Hillary Clinton<\/strong>, this should come as no surprise.<\/p>\n

The ICJ is under Washington\u2019s spotlight.\u00a0<\/strong>Let us be under no illusions, the U.S has firmly endorsed Israel\u2019s criminal undertaking:<\/p>\n

\u201cThe US said the ICJ ruling was consistent<\/strong> with Washington\u2019s view that Israel has the right to take action, in accordance with international law, to ensure the October 7 attack cannot be repeated.\u00a0<\/strong><\/p>\n

\u201cWe continue to believe that allegations of genocide are unfounded<\/strong> and note the court did not make a finding about genocide or call for a ceasefire in its ruling<\/strong> and that it called for the unconditional, immediate release of all hostages being held by Hamas,\u201d a State Department spokesperson said.\u00a0Al Jazeera<\/a><\/strong>, January 26, 2024, emphasis added)<\/p><\/blockquote>\n

The President of the ICJ\u00a0Joan E. Donoghue<\/strong>\u00a0was a legal advisor to Secretary of\u00a0State Hillary Clinton <\/strong>under the Obama\u00a0administration. Joan Donoghue takes her instructions from\u00a0Washington.<\/p>\n

Moreover, the conduct of the genocide is a\u00a0joint Israel-US\u00a0endeavor with US forces involved in Israel\u2019s combat units.<\/p>\n

Nobody in the media nor in the peace movement has underscored the fact that the President of the ICJ is de facto \u00a0in \u201cconflict of interest\u201d.<\/strong><\/p>\n

\u201cThe anger of the World has been pacified for a while with the false celebration of a fake \u201cvictory\u201d at The Hague<\/strong>. The US chief judge at ICJ must be laughing.<\/p>\n

Israel\u2019s genocide will continue while the US and its chief justice at the ICJ keep the world at bay for very long with new false words and delaying actions.\u201d<\/strong> (Karsten Riise, Global Research<\/a>\u00a0emphasis added)<\/p><\/blockquote>\n

The Crimes Committed by Israel Are \u201cGenocidal in Character\u201d<\/strong><\/h3>\n

According to The Republic of South Africa \u2014referring to Article II<\/a>\u00a0of the Genocide Convention\u2013, the crimes committed by the State of Israel \u201care genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group.<\/strong> \u2026\u201d:<\/p>\n

\u201cThe acts in question include killing Palestinians in Gaza,<\/strong> causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction.<\/strong><\/p>\n

\u2026 \u00a0That intent is also properly to be inferred from the nature and conduct of Israel\u2019s military operation in Gaza, having regard inter alia to Israel\u2019s failure to provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine.<\/strong><\/p>\n

The acts are all attributable to [The state of] Israel<\/strong>, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention. \u00a0\u2026 \u201c<\/strong> (emphasis added)<\/p><\/blockquote>\n

(See\u00a0the Republic of South Africa\u2019s 84-page document submitted to the ICJ<\/a>)<\/p>\n

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The Republic of South Africa\u2019s Legal Team, ICJ, The Hague<\/figcaption><\/figure>\n<\/div>\n
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Click here to access the full text of the Genocide Convention<\/a>.<\/p>\n

\u201cFake Justice\u201d. C\u2019est le monde \u00e0 l\u2019envers<\/strong><\/h3>\n

Article IV of the Genocide Convention<\/a> <\/strong>reads as follows:<\/p>\n

Persons committing genocide or any of the other acts enumerated in article III shall be punished<\/strong>, whether they are constitutionally responsible rulers, public officials or private individuals<\/strong><\/p><\/blockquote>\n

The main actors behind the genocide against Palestine are the \u201cConstitutionally Responsible Rulers.\u201d<\/strong><\/p>\n

In the Judgment \u2013referring to\u00a0Article IV<\/a>\u2014 (see below)\u00a0the ICJ calls upon the Netanyahu government acting on behalf of the State of Israel, to prevent<\/strong> and punish<\/strong> those individuals<\/strong>\u00a0who allegedly committed crimes of genocide:<\/p>\n

\u201cThe State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide<\/strong>, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II<\/a> of this Convention.\u201d<\/strong> (ICJ<\/a>, emphasis added)<\/p><\/blockquote>\n

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What the ICJ judgment intimates is that the\u00a0\u201cConstitutionally Responsible Rulers (CRRs)\u201d <\/strong>(identified in Article IV),\u00a0namely\u00a0Netanyahu\u2019s\u00a0Cabinet are Innocent.<\/p>\n

And that is where \u201cFake\u00a0Justice\u201d comes in. \u00a0\u00a0<\/strong><\/p>\n

\u201cConstitutionally Responsible Rulers (CRRs)\u201d Netanyahu, Gallant, Ben-Gvir, Katz, \u00a0Smotrich, et al,<\/strong> are the architects of the genocide. Yet they have\u00a0been\u00a0assigned by the ICJ\u00a0with a mandate \u201cto prevent and punish\u201d.\u00a0<\/strong><\/p>\n

The CRRs\u00a0<\/strong>within Netanyahu\u2019s Cabinet acting on behalf of the State of Israel <\/strong>\u2013who carefully planned prior to October 7, 2023 a genocidal attack against the People of Palestine have been \u201cappointed\u201d by the ICJ to \u201ctake all measures within its power\u201d<\/strong> to \u201cprevent\u201d<\/strong> and \u201cpunish\u201d<\/strong>\u00a0\u201cpublic officials\u201d,\u00a0<\/strong>\u201cprivate individuals\u201d,\u00a0<\/strong>members of the Military who are carrying out acts of \u201cdirect and public incitement to commit genocide\u201d.<\/strong><\/p>\n

Prevention and Punishment<\/strong>\u00a0is not contemplated against<\/strong> Israel\u2019s\u00a0Netanyahu Clique of CRRs \u201cwho have blood on\u00a0their\u00a0hands.\u201d<\/p>\n

What does this imply?<\/p>\n

De facto the main architects of the genocide are the \u201cConstitutionally Responsible Rulers (CRRs)\u201d \u2014<\/strong>referred to in\u00a0Article IV of the Genocide Convention.<\/a>\u2014 , namely the \u00a0Netanyahu, Galant, Ben-Gvir, et al clique. <\/strong>(It\u2019s as if the category \u201cConstitutionally Responsible Rulers\u201d had been\u00a0removed from Article IV of the Genocide Convention).<\/p>\n

Under present circumstances, this \u201ctake all measures within its power<\/strong>\u201d concept is tantamount to the criminalization of International Law: The CRRs \u201cCriminals in High Office\u201d<\/strong>\u00a0(Netanayahu et al) are invited to take law enforcement in their own hands.\u00a0<\/strong><\/p>\n

The option to entrust Netanyahu\u2019s Cabinet with the \u201cPrevent and Punish\u201d assignment was a decision of the World Court. The 17 Judges could have and should have recommended that it be assigned to a United Nations body, including the UN Security Council.<\/p>\n

The Netanyahu government has ordered the most hideous crimes against the People of Palestine.<\/p>\n

And now the World Court has instructed a criminal government led by Netanyahu (who has a criminal record) to\u00a0\u201ctake all measures within its power\u201d to \u201cprevent\u201d and \u201cpunish\u201d\u00a0<\/strong>\u201cpublic officials,\u00a0\u201cprivate individuals\u201d (Article IV<\/a>) as well as combatants within the Israeli military.<\/p>\n

Visibly, the prevent and punish requirement is not meant to apply to the so-called\u00a0\u201cConstitutionally Responsible Rulers (CRRs)\u201d (i.e. \u201cthe good guys\u201d) namely the \u201cREAL CRIMINALS\u201d\u00a0<\/strong>in \u00a0blatant\u00a0contradiction of Article IV<\/a>.<\/p>\n

It\u2019s an absurd proposition. \u00a0It unfortunately disallows\u00a0Netanyahu to \u201cprevent\u00a0and\u00a0punish himself\u201d.<\/strong><\/p>\n

And this is really what is required under\u00a0international law.\u00a0<\/strong><\/p>\n

Ceasefire Denied<\/strong><\/h3>\n

While the Court acknowledges that criminal acts may have been committed by the State of Israel, \u00a0it categorically refuses South Africa\u2019s provisional demands including a \u201cCeasefire\u201d<\/strong>, which would have served to interrupt at least temporarily the ongoing atrocities against the People of Palestine.<\/p>\n

Does this not constitute a \u201ccriminal act\u201d by the ICJ<\/strong>, which indelibly will result in countless deaths of Palestinian civilians?<\/p>\n

What this signifies is that Netanyahu\u2019s Genocide<\/strong>\u00a0(from a strategic angle) is virtually unscathed, while sustaining rhetorical and meaningless condemnations against the State of Israel.<\/p>\n

Throughout history, wars and war crimes have invariably been instigated by \u201ccivilian politicians\u201d.<\/p>\n

The Israeli military has been \u201cObeying Illegal<\/strong> orders\u201d<\/strong> emanating from a government which is firmly committed to the conduct of genocide against the People of Palestine.<\/p>\n

And now the IJC Judgment enables Israel\u2019s \u201cConstitutionally Responsible Rulers\u201d,\u00a0<\/strong>namely\u00a0<\/strong>civilian politicians to place the blame on the Israeli Military.<\/p>\n

In a bitter irony, the ICJ\u2019s \u201cprevent and punish \u00a0mandate\u201d<\/strong> will allow the Netanyahu clique to reinforce their stranglehold on the Israeli protest movement as well as target Israelis who have taken a firm stance against the genocide.<\/p>\n

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The Road Ahead: Resistance within the Armed Forces. \u201cDisobey Illegal Orders. Abandon the Battlefield\u201d<\/strong><\/h3>\n

There is resistance within the Armed Forces. Voices within Israel\u2019s military have spoken out against the Netanyahu government. There is a Protest Movement in Israel.<\/p>\n

In response to the ICJ slanted decision, what is required is to initiate a worldwide campaign entitled:<\/p>\n

Abandon the Battlefield and Disobey Illegal Orders<\/strong>\u00a0under Principle IV of the Nuremberg Charter<\/a><\/p><\/blockquote>\n

The objective is to undermine the conduct\u00a0of the genocide as well reverse the course of\u00a0history.<\/strong><\/p>\n

It is a proposal which sofar has not been the object of debate by anti-war activists in solidarity with Palestine.<\/p>\n

Principle IV of the Nuremberg Charter<\/a>\u00a0defines the responsibility of combatants \u201cto refuse the orders of Government or a superior\u201d<\/strong> \u2026 \u201cprovided a moral choice [is] possible<\/strong>\u201c.<\/p>\n

Based on the Nuremberg Charter, what is required is a campaign encouraging:<\/p>\n

Israeli, American and NATO Combatants to \u201cDisobey Unlawful Orders\u201d and\u00a0\u201cAbandon the Battlefield\u201d.\u00a0<\/strong><\/p><\/blockquote>\n

The Campaign would focus on making that<\/strong>\u00a0\u201cmoral choice\u201d<\/strong> possible, namely\u00a0to enable enlisted Israeli, American, and NATO service men and women to \u201cAbandon the Battlefield\u201d.<\/strong><\/p>\n

The Abandon the Battlefield campaign<\/strong> will in large part be waged in Israel. In regards to Israel, already there are unfolding divisions in the IDF command structures, political divisions, coupled with a mass protest movement against Netanyahu. The use of a false flag justification to wage the genocide is amply documented.<\/p>\n

IDF soldiers and commanders must be informed and briefed on the significance of Nuremberg Principle IV.<\/strong><\/p>\n

Inasmuch as the U.S. and its allies are waging a hegemonic war in major regions of the world, Abandon the Battlefield<\/strong> should be a call for action by the anti-war movement worldwide.<\/p>\n

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Click here to access full document (pdf)<\/a>.<\/p>\n

Now let me turn my attention to Nuremberg Principle VI, which defines the crimes punishable under The Nuremberg Charter.<\/p>\n

Nuremberg Charter. Principle VI\u00a0<\/strong><\/h3>\n

Both Prime Minister Bibi Netanyahu<\/strong> as well as President Joe Biden<\/strong> are responsible for \u201cwar crimes\u201d, \u201ccrimes against peace\u201d and \u201ccrimes against humanity\u201d as defined under Principle VI of the Nuremberg Charter<\/a>:<\/p>\n

The crimes hereinafter set out are punishable as crimes under international law:<\/strong><\/p>\n

(a) Crimes against peace:<\/strong><\/p>\n

(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
\n(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).<\/p>\n

(b) \u00a0War crimes:<\/strong><\/p>\n

Violations of the laws or customs of war which include, but are not limited to, murder, ill- treatment or deportation to slave-labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.<\/p>\n

(c) \u00a0Crimes against humanity:<\/strong><\/p>\n

Murder, extermination, enslavement, deportation<\/strong> and other inhuman acts done against any\u00a0civilian population, or persecutions on political, racial or religious grounds.<\/p><\/blockquote>\n

Disobey Unlawful Orders, Abandon the Battlefield\u00a0<\/strong><\/h3>\n

According to Principle IV of the Nuremberg Charter<\/a>:<\/p>\n

\u201cThe fact that a person [e.g. Israeli, U.S.soldiers, pilots]\u00a0 acted pursuant to order of his [her] Government or of a superior does not relieve him [her] from responsibility under international law, provided a moral choice was in fact possible to him [her].\u201d<\/p><\/blockquote>\n

Let us make that\u00a0\u201cmoral choice\u201d possible<\/strong>, to enlisted Israeli, American, and NATO service men and women.<\/p>\n

Let us call upon Israeli and American soldiers and pilots \u201cto abandon the battlefield\u201d, as an act of refusal to participate in a criminal undertaking against the People of Gaza.
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\u201cDisobey Unlawful Orders, Abandon the Battlefield\u201d. A\u00a0campaign under\u00a0Nuremberg Charter Principle IV<\/a>.<\/strong><\/p>\n

While it is predicated on international law, its conduct does not require the political rubber stamp<\/strong> of the ICJ. It is part of a grassroots campaign in Israel and the Middle East as well as worldwide.<\/p>\n

Solidarity with Palestine<\/strong><\/h3>\n

Let us have tears to our eyes in solidarity with the People of Palestine<\/strong>, in building a mass movement worldwide, which confronts the ongoing slaughter before our very eyes.<\/p>\n

Let us recall the\u00a0Christmas Truce of 1914,<\/strong>\u00a0more than 109\u00a0years ago:<\/p>\n

\u201cSomething happened in the early months of the \u201cWar to End All Wars\u201d<\/strong> that put a tiny little blip of hope in the historical timeline of the organized mass slaughter that is war.\u00a0The event was regarded by the professional military officer class to be so profound and so important (and so disturbing) that strategies were immediately put in place that would ensure that such an event could never happen again.\u201d <\/strong>(Dr. Gary G.\u00a0Kohls<\/a>)<\/p><\/blockquote>\n

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The men learned in many ways that the official enemy was in fact not the real enemy, that the soldiers on the other side were human beings just like themselves.\u201d (Dr. Jacques Pauwels<\/a>)<\/div>\n<\/div>\n<\/figure>\n<\/div>\n

Let It Happen Again<\/strong><\/h3>\n

Today, we are \u201cfraternizing\u201d and acting in solidarity worldwide with the People of Palestine<\/strong> against the hegemonic agenda of the U.S. and it allies which are waging an all-out war against humanity.\u00a0<\/strong><\/p>\n

Principle IV of the Nuremberg Charter<\/a>\u00a0defines the rights of soldiers and pilots who have the responsibility to\u00a0Disobey Illegal Orders and Abandon the Battlefield.<\/strong><\/p>\n

Nuremberg Principle IV is not only a \u201clegal text\u201d, it is a guiding light in a worldwide campaign against acts of genocide. <\/strong>(Principle IV was not available in 1914)<\/p>\n

_________________________________________<\/em><\/p>\n

\"\"<\/a> Michel Chossudovsky is an award-winning author, Professor of Economics (emeritus) at the University of Ottawa, Founder and Director of the Centre for Research on Globalization (CRG), Montreal, Editor of Global Research.\u00a0 He has taught as visiting professor in Western Europe, Southeast Asia, the Pacific and Latin America. He has served as economic adviser to governments of developing countries and has acted as a consultant for several international organizations. He is the author of eleven books including <\/em>The Globalization of Poverty and The New World Order\u00a0(2003<\/em>),\u00a0America\u2019s \u201cWar on Terrorism\u201d\u00a0(2005<\/em>),\u00a0The Global Economic Crisis, The Great Depression of the Twenty-first Century\u00a0(2009<\/em>) (Editor<\/em>),\u00a0Towards a World War III Scenario: The Dangers of Nuclear War\u00a0(2011<\/em>), The Globalization of War, America’s Long War against Humanity (2015<\/em>). He is a contributor to the<\/em> Encyclopaedia Britannica.\u00a0 His writings have been published in more than twenty languages.\u00a0In 2014, he was awarded the Gold Medal for Merit of the Republic of Serbia for his writings on NATO’s war of aggression against Yugoslavia. He can be reached at <\/em>crgeditor@yahoo.com<\/em><\/a><\/p>\n

Go to Original \u2013 michelchossudovsky.substack.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

31 Jan 2024 – While the ICJ has\u00a0rejected Israel\u2019s attempt to dismiss South Africa\u2019s assertions, the Judgment \u2013which is full of contradictions\u2013 is\u00a0ultimately\u00a0supportive of the Likud government.\u00a0Moreover, no ceasefire was declared by the ICJ with a view to saving lives.<\/p>\n","protected":false},"author":4,"featured_media":118390,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[139],"tags":[3223,87,865,1643,1644,88,651,475,427,1860,886],"class_list":["post-253606","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","tag-fake-justice","tag-gaza","tag-genocide","tag-genocide-convention","tag-international-court-of-justice-icj","tag-israel","tag-justice","tag-netanyahu","tag-palestine","tag-the-hague-court","tag-zionism"],"_links":{"self":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/253606","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/comments?post=253606"}],"version-history":[{"count":1,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/253606\/revisions"}],"predecessor-version":[{"id":253607,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/253606\/revisions\/253607"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media\/118390"}],"wp:attachment":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media?parent=253606"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/categories?post=253606"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/tags?post=253606"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}