Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.

ICJ to deliver its Order on the request S Africa

by Oui Thu Jan 25th, 2024 at 10:30:01 AM EST

[updated below the fold]

United Nations world court calls for prevention of genocidal
acts in Gaza | International Court of Justice (ICJ)


UN court decision on Israel genocide case expected Friday | CBC |

Israel rejected the genocide claim outright and argued in the court that South Africa's claim was "distorted." Israel also said it had a right to defend itself and was targeting Hamas, not Palestinians civilians.

The decision will be legally-binding and made by a simple majority, but the court has no way to enforce it.

Prime Minister Justin Trudeau has said Canada supports the court and is "watching carefully" as it deliberates on the allegation — but he would not indicate whether Canada agrees with the allegation, or even if Canada would recognize the ICJ's ruling if it does find Israel to be guilty of genocide.

"I'm not going to comment on what could be an eventual finding by a process that we support as it unfolds," Trudeau said at a news conference in New Brunswick last week.

♦️

The Body of the Judge and the Suffering of the Collective South Africa’s Genocide Application and the Power of Minority Opinions

The widespread prediction among experts right now is that Israel’s chances of prevailing at the ICJ in its response to South Africa’s genocide application are slim. By making murderous statements, Israeli elected and military officials created a comfortable legal environment for South Africa’s claims. To take only one of the many examples, on October 28 Prime Minister Netanyahu said, “You must remember what Amalek has done to you”.

The phrase refers back to its even more explicit neighbor in the Bible. In Deuteronomy 25:19, Moses delivers God’s message: “You must wipe out Amalek so completely that no one will remember they ever lived.” We Israelis learn these lines in elementary school. Coupled with the mass destruction, killing, imposition of hunger, and denial of medical aid in Gaza – as well as the displacement of 85% of Gazans — Netanyahu’s statement furnishes the genocide argument. Such statements make it hard to deny, at the very least, the incitement aspect of South Africa’s claim.

Let’s assume, for a moment, that the prediction is accurate. As has been reported, Israeli authorities, too, have acknowledged that there’s a real risk of an ICJ decision against Israel. What does this mean for Israel’s legal strategy? When a party is preparing to lose in a proceeding, one relevant question is what the minority opinion will look like. This is true for ICJ minority opinions, the subject of this post, as much as it is true for high-profile constitutional cases. From a historical narrative perspective, sometimes the minority opinion can carry significant weight. In hindsight, it may even carry more weight than the majority.

Aharon Barak’s appointment as an ad-hoc judge for the ICJ proceedings may reveal some of the outlines Israel is preparing for this minority opinion: even if we lose, we may still try to convince the world that the issue at hand is none other than the memory of the Holocaust. But this is a morally and politically risky choice to make.

    Barak’s new role actually continues the mission to which he has devoted his entire professional life: legitimizing the majority of Israel’s crimes, while simultaneously defending the façade of “Israeli democracy.” Barak, after all, is one of the most significant authors of the legal doctrine that Israel can claim to be a democracy while maintaining an endless military occupation and systematically depriving the Palestinians of their rights, dignity, land, and property.

Israel’s Orthodox Rabbis: ‘Palestinians to the Ovens!’ | Tikun Olam - 12 Jan. 2011 |

[Update-2]

ICJ orders that Israel must prevent incitement of genocide in Gaza

Israel must take all possible measures to prevent death, destruction and any acts of genocide in Gaza, the UN's top court has declared in its interim ruling.

Former ICC Prosecutor Luis Moreno Ocampo: "ICJ's decision on cease-fire was smart" | DW News |

END OF UPDATE

Display:
by Oui (Oui) on Thu Jan 25th, 2024 at 10:40:20 PM EST

Still calling a war criminal 'a partner'

Netanyahu is 'an exceptionally difficult partner,' Chris Coons says | Politico - 17 Dec. 2023 |

The comments came after Israel's prime minister he was "proud" of his efforts to block the creation of Palestinian state.

'Sapere aude'

by Oui (Oui) on Thu Jan 25th, 2024 at 10:42:09 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Thu Jan 25th, 2024 at 10:42:49 PM EST
[ Parent ]
Whatever happened to the founding principles of Roosevelt's Four Freedoms or honor of a Nobel Peace Prize ... wars of choice ... Never Again ☮️



'Sapere aude'
by Oui (Oui) on Thu Jan 25th, 2024 at 11:09:12 PM EST


'Sapere aude'
by Oui (Oui) on Thu Jan 25th, 2024 at 11:27:45 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Thu Jan 25th, 2024 at 11:28:26 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Thu Jan 25th, 2024 at 11:29:05 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Thu Jan 25th, 2024 at 11:29:52 PM EST
[ Parent ]

EU foreign policy chief says Israel failed to engage with Brussels peace summit | The Guardian |

'Sapere aude'

by Oui (Oui) on Thu Jan 25th, 2024 at 11:30:51 PM EST


'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 12:05:25 AM EST

Terror bombing King David Hotel Jerusalem



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 12:06:58 AM EST
There's more...Patel Patter
state.gov | Department Press Briefing - January 25, 2024, full A/V, IANAL transcript
[...]
QUESTION: But I mean, in general, when a court is ruling on something, you can argue that you don't agree with South Africa's argument, but it sort of undermines the legitimacy of the whole system if the U.S. is not—is not saying ahead of time whether this ruling is meaningful or whether you would expect countries to follow it. And just to note, Hamas has said that they would follow—if the ICJ demanded a ceasefire, they would follow it, but I haven't seen that statement from the Israelis.
QUESTION: Hamas has also said that they would release hostages and they have not done so in that regard as well, Simon, so I sort of take issue with your question reflecting Hamas as some kind of fair or credible interlocutor or actor in this. Again, I will just say—and you've heard me say this before—our expectation is that Israel needs to and must comply with international humanitarian law, but I'm not going to get ahead of tomorrow's or any expected ruling on this.
[...]
QUESTION: Right. And responding to Simon, you said that we know that Hamas committed all these atrocities and so on and crimes, which qualify as crime by the court, possibly. I don't know; I'm not a legal expert. But let me ask you this. I mean, Hamas does not get $4 billion a year. There's not a state—does not get endless political cover and protection and so on from the United States of America. So are you saying that Hamas—Israel should behave exactly like Hamas? Is that what you're saying?
PATEL: That's not at all what I'm saying. That is not what I said, Said.
QUESTION: That's how it came across.
PATEL: And if I in earlier—I don't think that's how it came across. And earlier this week I was pretty clear that there is also no moral equivalency between the terrorist group Hamas and the Government of Israel, and that since October 7th we have not hesitated, we've not been—we've not been ambiguous. We have been very front and center about the fact that we expect Israel to comply with international humanitarian law. We believe that additional steps need to be taken to protect civilians and that that is a moral and strategic imperative as Israel continues to conduct this operation.
QUESTION: Well, it's the 111th day of this war. There's an untold amount of evidence that proves whatever case you want to prove, and so on. You believe that all along, all throughout these raids, these attacks by whatever weapons, Israel has abided by the laws of war that you subscribe to?
PATEL: I'm not a legal scholar either, Said, so I'm not going to opine on something like that from up here.
[...]
< wipes tears >
Try to act surprised.
by Cat on Fri Jan 26th, 2024 at 12:56:40 AM EST
haaretz | October 7 Atrocity Tourists Are Flocking to Southern Israel, 25 Jan
Alongside the solidarity and remembrance, some fear that Gaza border communities will become museums, that memorialization will cover up reminders of the massacres, and that sites will be grotesquely commercialized
[...]
• Top psychiatrist working with October 7 victims has a warning for Israel
• When DNA fails, these Israeli anthropologists are helping identify the October 7 dead
• At the Nova rave massacre, selfies and reels were an act of defiance
[...]
Unlike the Re'im parking lot, a nonresidential location, visits to the kibbutzim are more emotionally charged. The public's curiosity about the slaughter attracts a good number of visitors who want to see the burned and gutted homes personally. Meanwhile, the kibbutz members are trying to salvage the remnants of their lives and aren't comfortable with the crowds of visitors.

"In my estimate, on an average day, there are between 500 and 1,000 visitors," says Gili Molcho, secretary of Be'eri. "We receive a very large number of requests. On the one hand, it's unpleasant to refuse, and on the other hand, people say they're starting to feel like they're in a zoo."
[...]
A philanthropic foundation named Lion of Judah Israel distributed a flyer last week that a paid tour of Kfar Azza at the cost of 260 shekels ($70), "including transportation and a personal donation to the [Jewish Agency's] Fund for Victims of Terror." Kibbutz members were outraged by this show of commercialization. The foundation apologized and canceled the tour. However, what's relevant isn't just who can enter the kibbutz and how much they pay for it - but also what they do there. "Some residents of the kibbutz have a desire to show the disaster and there's a personal desire for solidarity, but a ritual of religious pilgrimage has also developed.
[...]

by Cat on Fri Jan 26th, 2024 at 03:36:37 AM EST
Flying Iranian Flag in Lebanon

Netanyahu won't be stopped, not by any court of law 🇮🇱

Death to Gazans ... death to Arabs

'Sapere aude'

by Oui (Oui) on Fri Jan 26th, 2024 at 05:17:28 AM EST
by Oui (Oui) on Fri Jan 26th, 2024 at 12:07:02 PM EST
First condition  is there a dispute between parties has been confirmed by the court.

Second condition do the acts in Gaza appear to fall under the convention of genocide is also confirmed ‼️

S Africa has standing in this case ...

'Sapere aude'

by Oui (Oui) on Fri Jan 26th, 2024 at 12:17:06 PM EST
[ Parent ]
That was but one insane element of Israel's defense.

Notwithstanding dispositive public statements and serial UNGA resolutions that disputed and opposed Israel's "war" for which Israel's agents were present and with which South Africa agreed, Article IX of the Genocide Convention states:

Disputes between the Contracting Parties relating to the interpretation, application or fulfil[l]ment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
That's the entitlement in its entirety.

Shaw's argument [pp 22-40] is, South Africa's notification of dispute with Israel is defective BECAUSE
(i) Israeli officers received and did not respond to South Africa's Note Verbale (documented objections to Israel's conduct in Gaza);
(ii) ex parte "engagement" does not properly communicate disagreement ("positive opposition");
(iii) "positive opposition" effects elective arbitration that either supercedes "normal" ICJ functions or obviates either state party's Art. IX right to notify the ICJ of a dispute at any time; and
(iv) absent arbitration ("exchanges") between South Africa and Israel disqualifies South Africa's application for ICJ adjudication.

by Cat on Fri Jan 26th, 2024 at 08:32:20 PM EST
[ Parent ]
UNITED NATIONS prevails ... Israel and cabinet members have hung the selves before the Court ... President Joe Biden is now complicit in the war crimes and alleged genocide of Palestinian in Gaza. SHAME ON AMERICA

'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 12:37:26 PM EST
[ Parent ]
by Oui (Oui) on Fri Jan 26th, 2024 at 12:52:45 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 12:15:56 AM EST
[ Parent ]
The Ultra-crazies coming out of the woodwork ...

ICJ badmouths Israel for 35 minutes, then Israel wins - analysis | JPost - Opinion |

This was about whether a global sanctions movement against Israel would get a new huge club to wield against the Jewish state.

Indeed ... the new huge club to wield against apartheid is called International Law post WWII based on work done by scholar Raphael Lemkin for prevention of genocide.

The 1948 Genocide-Convention: Raphael Lemkin's struggle for the 'law of the world'

'Sapere aude'

by Oui (Oui) on Fri Jan 26th, 2024 at 03:44:44 PM EST
Grasping at straws.

How to delegitimize the United Nations ... final chapter before being termed a pariah state. Mark Regev the Goebbels serving Bibi @PMO.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 05:46:11 PM EST
Today's headline to distract from battering by ICJ in The Hague ...

UN agency investigates staff suspected of role in 7 October attack on Israel | The Guardian |

UN agency for Palestinian refugees commissioner general says staff will be held accountable as US pauses funding to UNRWA

The UN agency for Palestinian refugees (UNRWA) said on Friday it had opened an investigation into several employees suspected of involvement in the 7 October attacks in Israel by Hamas, and that it had severed ties with those staff members.

"The Israeli authorities have provided UNRWA with information about the alleged involvement of several UNRWA employees in the horrific attacks on Israel on October 7," said Philippe Lazzarini, UNRWA commissioner general.

"To protect the agency's ability to deliver humanitarian assistance, I have taken the decision to immediately terminate the contracts of these staff members and launch an investigation in order to establish the truth without delay."

The US state department said it would provide no additional funding to the agency until the allegations were addressed.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 05:46:56 PM EST
[ Parent ]
Western media, if they cover the ICJ Court ruling at all, copy pastes this narrative of Israel's war machine to keep the Apartheid state.

Employees of UN organization for Palestinians possibly involved in Hamas attack on October 7 | De Volkskrant |

The United Nations relief agency for Palestinian refugees, UNRWA, has fired twelve of its 30,000 employees for possible involvement in Hamas' attack on Israel on October 7. The United States has turned off the money tap for the time being.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 05:48:06 PM EST
[ Parent ]
As Netanyahu's Failings Pile Up, Israel's Out-of-credit Prime Minister Poses Even Greater Danger | Haaretz Opinion |

From the hostage crisis to the collapse of Hamas, the time has come to say what everybody knows: There's no winning with Netanyahu. Meanwhile, Tally Gotliv is his party's latest wrecker in the Knesset

In July 2016, Benjamin Netanyahu took off for a round of meetings in African countries. "All Africa is excited," he declared, like some veteran colonialist. This oxymoron could only exist in the mind of this narcissist: a complete lack of awareness wrapped in hyper-awareness. Back then, he was able to market differentiation from the United States as an accomplishment, not as a failure he knowingly tailored to fit his contemptible politics. Now, we are paying the price. Uganda is less critical for us at the present time.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 05:48:55 PM EST
[ Parent ]
by Oui (Oui) on Fri Jan 26th, 2024 at 09:35:00 PM EST
This momentous ICJ ruling may be brushed aside by Israel - but the US and UK can't afford to ignore it | The Guardian Opinion - Steve Crawshaw |

Israel will no doubt continue to pour scorn on the international court of justice (ICJ) in The Hague in the days and weeks to come. "Hague Shmague" was the first response from the security minister, Itamar Ben-Gvir. But the provisional measures ordered by the world court today are historic, by any measure.

The requirement that Israel must take steps to prevent genocidal acts, prevent and punish incitement to genocide, and report back on its actions within a month, will all have rippling implications - not just in the weeks but in the years to come.

The court has few powers of enforcement, as Russia and others have made clear. In its provisional measures on a case brought by Ukraine in 2022, the court called on Russia to immediately suspend military operations, presumably with little hope of being heard. Russia responded by demanding that the court throw out the "hopelessly flawed" case (spoiler: it didn't). But that lack of enforcement doesn't lessen the political discomfort for Israel - or for those who have seemed so ready to protect Israel from any and all criticism.

[...]

That has now changed, perhaps for ever. The rulings, all passed by either 16-1 or 15-2 - even the appointed Israeli judge, Aharon Barak, sided twice with the majority - are devastating for Israel, though a final judgment is still a long way off. Meanwhile, those governments which argued that South Africa's case was empty and illegitimate now need to dig themselves out of the hole of their own creation.

Especially compelling was the evidence of incitement to genocide, a core element of the 1948 convention. A former director general of the Israeli foreign ministry and others had talked, even before the South African submission, of "extensive and blatant incitement to genocide and expulsion and ethnic cleansing". But it was notable how many governments were reluctant to confront that self-evident truth.

Benjamin Netanyahu and his government like to use attack as the best form of defence. When the UN secretary general, António Guterres, criticised both the "appalling" Hamas killings and the civilian deaths in Gaza, while saying the former had not occurred "in a vacuum", Israel's ambassador to the UN called for him to resign. When the ICC, two miles across town, announced in 2021 that it was ready to investigate alleged crimes in Gaza, Netanyahu told Israeli viewers: "The state of Israel is under attack this evening", and talked of "the height of hypocrisy".



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 09:36:10 PM EST
[ Parent ]
.

Sending weapons, munitions and support of Israel's weapons industry.

'Sapere aude'

by Oui (Oui) on Fri Jan 26th, 2024 at 10:03:06 PM EST
Foreign Minister Annalena Baerbock on the ICJ interim ruling on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

The International Court of Justice has not ruled on the main substance of this matter but has ordered provisional measures in relation to the request for the indication of such measures. But these, too, are binding under international law. Israel must adhere to the Court's order.

The Court also made it clear that Israel's actions in Gaza follow the barbaric terror of 7 October and pointed out that Hamas, too, is bound by international humanitarian law and must finally release all the hostages.

We will do everything in our power to support this, as well as the order to Israel to take immediate measures to enable the provision of more humanitarian assistance to Gaza.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 10:04:17 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 10:06:09 PM EST
The International Court of Justice has just issued preliminary measures against Israel for the crime of genocide in Gaza. The ruling follows weeks of anticipation and months of international outcry for Israel to face accountability from the UN. While much remains undetermined, this is a critical development in a time when the integrity of international institutions has been thrown into crisis by their ineffectiveness in the face of Israel's slaughter. Former director of the New York Office of the High Commissioner for Human Rights Craig Mokhiber, who resigned from his position last fall in protest of what he called the UN's "failure" to protect Palestinians, joins The Chris Hedges Report for a discussion on the weaknesses of the UN in the face of US and Israeli impunity.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 10:06:53 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 10:12:07 PM EST
Nuremberg trials of war crimes and the Holocaust atrocity are followed by the World Court and cannot be misinterpreted by Fascist Military Powers for denial.

Implicit the Judges of the Court in 15-2 decision urge the global community and the UN Security Council to take on their responsibility and act according to the court orders.



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 10:29:49 PM EST
Exactly ‼️



'Sapere aude'
by Oui (Oui) on Fri Jan 26th, 2024 at 11:25:25 PM EST
[ Parent ]
Defacing the Nuremberg trials, Raphael Lemkin and Auschwitz ... spitting on the memories of all genocides happened since the Holocaust.

NEVER OVER AND OVER AGAIN -- PAX AMERICANA



'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 12:15:03 PM EST
Press Briefing by Press Secretary Karine Jean-Pierre, NSC Coordinator for Strategic Communications John Kirby, and National Climate Advisor Ali Zaidi

JANUARY 26, 2024


MS. JEAN-PIERRE:  All right, everybody.  Good afternoon.  Happy Friday. 

A couple of things for you at the top -- or, actually, one big thing at the top

[...]

Now, tomorrow, as you all know -- have been tracking, tomorrow is international Holocaust Remembrance Day, a time we mourn one of the darkest chapters in human history, when 6 million Jews were systematically targeted and murdered.  We also mourn the millions of other victims of Nazi persecution.

As the President said in a statement this morning, this year our charge to remember the Holocaust is a press- -- is as pressing as ever in the wake of the evil attacks by Hamas terrorists on the people of Israel, which amounted to the deadliest attack on Jews since the Holocaust. 

Additionally, since October 7th, we have witnessed an alarming rise of despicable antisemitism at home and abroad, which must continue to be met with our unequivocal condemnation. 

We must continue to call out Holocaust denialism and efforts to minimize the horrors that Hamas perpetra- -- perpetrated on October 7th, including the horrific use of rape and sexual violence to terrorize victims. 

President Biden will continue to stand up to antisemitism and hate-fueled violence at home and abroad, including through the first-ever National Strategy to Combat Antisemitism he announced last year.

This is our charge: to ensure we cannot continue to say "never again." 

[...]

And with that --

MS. JEAN-PIERRE:  Okay.



'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 12:19:33 PM EST
[ Parent ]
White House Says Would Support Truce in Gaza in Return for Releasing Hostages

MS. JEAN-PIERRE:  Go ahead, Nandita.



Q    Thank you, Karine.  Kirby, I wanted to ask you about the World Court decision ordering Israel to prevent acts of genocide, but it stopped short of ordering a ceasefire.  You have suggested multiple times that South Africa's claim does not really have merit.  And I'm wondering: How does the U.S. repair relations with South Africa, which is a big voice for non-aligned countries in the Global South?



MR. KIRBY:  I don't believe that our disagreement over the founding claim of the allegation causes any permanent damage to the bilateral relationship with South Africa.  We just happen to disagree on that point.  But we're also going to keep working to -- on that relationship, as we do many others.



Q    So, you fundamentally believe the U.S. -- they claim that the U.S. is supporting a genocidal state.  That is not going to impact relations with South Africa?



MR. KIRBY:  I don't -- I don't believe I heard that from South Africa.  South Africa filed a case based on allegations that they believe genocide was being conducted by Israel in Gaza.  I don't believe it was directed at us at all. 



We simply have said consistently we find that that -- that that claim is -- is unfounded.  And, you know, the -- the court also did not find Israel guilty of genocide.



MS. JEAN-PIERRE:  Go ahead, Aamer.



Q    Just to follow on the ICG -- ICJ.  Is the President disappointed that the court did not definitively dismiss the genocide claim?



MR. KIRBY:  Actually, I mean, I think the court's ruling is consistent with many of our -- our -- many of our positions, ma- -- and -- and much of the approach that we've taken with Israel. 



For instance, in, you know, the view that Israel has the right to take action against the terrorists of that -- on the October 7th attack; that -- that they have an obligation to be mindful of minimizing civilian casualties; that they have an obligation to assist the international community to get humanitarian assistance.  And all of these are things that we -- that we have been pushing and urging for as well.



MS. JEAN-PIERRE:  Go ahead.



Q    In his phone call today with the Qatari Amir, did the President speak with him at all about these leaked comments from Netanyahu calling the country [Qatar] problematic?  And what kind of assurances did he offer?



MR. KIRBY:  The main purpose of the call was to continue to discuss the possibilities of another hostage deal and a humanitarian pause that would go along with that. 



Q    So, you can't say if that came up?



MR. KIRBY:  The main purpose of the call was to talk about the -- the possibilities of getting us back into another hostage deal.



Q    And the U.N. Relief Agency said that they have fired some of their staff after Israel has accused them of being involved in the Hamas attack.  What is the White House thinking on this?  I know the State Department have said -- has said that they're suspending aid temporarily.  Are there other steps the U.S. is considering taking on this?  



MR. KIRBY:  Yeah, we have suspended any outlying or yet to be allocated funds for -- for UNRWA, the U.N. Relief and Works Agency, pending the results of this investigation.  We're obviously going to be watching this very closely.  



We welcome the U.N. Secretary-General and the Commissioner-General of UNRWA -- their comments today calling for a full investigation. 



As Secretary Blinken made clear in his call with the Secretary-General yesterday, we expect that that will be a complete and thorough and transparent investigation -- we all want to see that; it's good for everybody -- and that those who are -- who are -- who -- who should be, are properly held accountable for that.  And as -- as you saw, the U.N. said even including the potential for criminal prosecution.  



MS. JEAN-PIERRE:  Go ahead, Selina.



Q    Thank you, Karine and Admiral.  The death toll in Gaza is staggering, reportedly now more than 26,000.  Is there anything at this point that would stop the President from supporting Netanyahu?



MR. KIRBY:  We continue to believe that Israel needs to get the support that they need to defend themselves against a -- a still viable threat by -- by Hamas, an organization that wants to wipe them off the -- the map.  So, we're going to continue to support Israel.



At the same time -- and we can -- we can still continue to urge Israel to be more careful and more precise.  We can continue to urge Israel to get more humanitarian assistance in.



Q    Does the President still believe his personal diplomacy with Netanyahu is as effective as it was earlier in this war?



MR. KIRBY:  It is as vital now as it was on the 7th of October, and I fully expect that you'll continue to see the President and Prime Minister Netanyahu engage appropriately.



Q    So, to clarify, there is no red line, there is no point at which the President would stop his --



MR. KIRBY:  I would just tell you --



Q    -- support?



MR. KIRBY:  -- that we continue to believe the approach that we've been taking -- on behalf of Israel to help them, as well as on behalf of the people of Gaza to help them -- is -- is showing results.  And we're going to continue that approach.



MS. JEAN-PIERRE:  Go ahead, Weijia.



Q    Thank you, Karine.  And thank you, Admiral.  When the President spoke with Netanyahu one week ago, did he press him to scale down the Israeli military option?  And did he talk about any timeframes for when he would like that to be done?  As an example, the President stressed that he is "not in it for a year of war," according to reports.



MR. KIRBY:  Gee, could it be that you're referring to some certain press coverage?  Huh?  I --



Q    Can you confirm that?



MR. KIRBY:  I cannot.  And I'm not going to get into more detail about the call.  We gave you a -- a pretty fulsome readout.  I was up here talking about the call. 



Prime Minister Netanyahu and the War Cabinet have a big job in front of them.  We're going to continue to make sure that they have the benefit not only of American security assistance, but American -- American advice and counsel, which we have been providing since the very, very beginning.



Q    How much of the President's asks to Netanyahu have to do with his concerns about how the war is impacting his chances of reelection?



MR. KIRBY:  It's not about American asks.  It's a conversation that we're having with Israeli leaders about how they're prosecuting this conflict, this war against Hamas.  And from the very beginning, we have not been bashful about offering our insights, our perspectives, our lessons learned from our own experience with urban warfare in places like Iraq and Afghanistan, and we won't be bashful going forward. 



And does that mean that there are going to be things that maybe we don't see exactly the same way that the Israelis think -- look at it?  Yeah, it probably will.  It has and it will going forward.  That's what friends can do.  That's what allies can do.



Q    But I'm asking how much is the President concerned that this war is impacting his chances of reelection?



MR. KIRBY:  The President is concerned about Israel's right to defend itself from a legitimate terrorist threat.  The President is concerned about the humanitarian crisis that's going on in Gaza right now -- people in desperate need of food, water, medicine, and fuel so that they can drink fresh water and -- and subsist. 



The President is concerned, as I said at the very outset, with the hundred-plus hostages that are still being held by Hamas and other Islamic Jihad groups there in Gaza and making sure that they get home to their families.  I mean, my goodness, just today, those two calls -- he's working at this personally at his level to see if we can't get them home.  That's what he's concerned about. 



He's not looking at the clock and the electoral calendar.  He's looking at the clock in terms of the lives that are at risk in Gaza right now: hostage lives, Palestinian lives, and -- you know what? -- even Israeli Defense Force lives because they keep taking casualties.  That's the clock he's worried about. 



Q    Thank you.



MS. JEAN-PIERRE:  Go ahead, Patsy.



Q    Thank you, Karine.  John, this ICJ ruling, it's going to be part of a global conversation on this conflict.  Does it -- does the ruling and the subsequent proceeding -- will it impact U.S. policy or messaging at all?



MR. KIRBY:  Policy or messaging on -- on what?



Q    On the conflict in Gaza.  I mean, I know that you've stated -- or the statement that said that this goes in line with what you've been saying. 



MR. KIRBY:  Yeah



Q    But going forward, do you believe that it will change -- it will sway the President one way or --



MR. KIRBY:  It gets hard -- it's hard to see that.  I mean, I think we'll have to watch this -- this is obviously just the -- a provisional order by the court.  We'll have to watch how the process plays out. 



But it's difficult to see that it alone is going to change the approach.  As I said, the President believes the approach we have been taking has been getting results.  And we're going to keep at that. 



Q    And I understand that the ICJ order does not call for a ceasefire, but more than 150 countries have.  And more than 1,300 Americans scholars and the majority of American voters are also calling for a ceasefire.  So, how would you respond to criticism that President Biden, at this point, is really out of touch with what Americans want and also what the U.S. -- what the world demands of U.S. leadership on this issue?



MR. KIRBY:  The President would like this war to end too.  He would like to see the people of Gaza, the Palestinian people, live in peace and security.  He believes in that too. 



And we are pushing for pauses in the fighting so that we can get hostages out and -- and aid in.  I mean, absolutely. 



We don't believe that right now a general ceasefire is the best approach.. But that doesn't mean that the President isn't respectful of the wide range of views out there or -- or the desire to -- to end the violence and end the war.  Of course, he doesn't want to see the war go on one more day than it -- than it needs to go on. 



But it -- but they do face a very viable -- continued viable threat from Hamas that they have every right and responsibility to go after.

The big bull$hitter has performed well ... all his muddled answers will duly be jotted down and published verbatim in the compliant msm. Job well done.



'Sapere aude'

by Oui (Oui) on Sat Jan 27th, 2024 at 12:26:49 PM EST
[ Parent ]
US doubles down on dismissing genocide claim despite ICJ ruling | Middle East Eye |

The White House has brushed aside the ICJ's demand for Israel to cease its genocidal acts and reiterated its support for Israel

The White House has brushed aside the ICJ ruling that Israel must prevent genocidal acts against Gaza and will continue to double down on its unconditional support for Israel's war in Gaza, Friday's White House press briefing revealed. 

US national security spokesperson John Kirby reiterated Israel's "right to defend itself" despite the ICJ's same-day interim decision accusing Israel of genocidal acts in Gaza. 

In response to a question from the press on whether the Biden administration "stands by the words characterising those allegations (South Africa's genocide case against Israel) as meritless, counterproductive and completely without any basis and fact whatsoever", Kirby replied "Yes."

The spokesperson then revealed the White House's complete disregard for the ICJ's interim ruling, stating that "it has not been found that they are committing genocide, we have no indication that that is going on, that they are deliberately exterminating the people of Gaza".

A member of the press then pointed out that over 100 countries are calling for a ceasefire, as well as a majority of the American public, according to recent polling. The reporter then asked whether the ICJ ruling has not presented further evidence that the Biden administration's policy on Israel's war in Gaza is "out of touch with what Americans and the world demands of US leadership".

Kirby replied that "the president believes that the people of Gaza deserve to live in peace and security" but that a general ceasefire is "not the best approach". 



'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 12:28:39 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 01:17:30 PM EST
[ Parent ]
Statement from President Honest Abe Biden on International Holocaust Remembrance Day, 26 Jan
Tomorrow, on International Holocaust Remembrance Day, we join nations around the world and pause to mourn one of the darkest chapters in human history, when six million Jews were systematically targeted and murdered by the Nazis and their collaborators in the Holocaust during the 1930s and 1940s. We also grieve the Roma, Sinti, Slavs, people with disabilities, LGBTQI+ individuals, racial minorities, and political dissidents who were abused or killed. And we honor the courage of survivors and the heroism of people who bravely stood up to the Nazis, risking everything to save innocent lives.

This year, the charge to remember the Holocaust, the evil of the Nazis, and the scourge of antisemitism is more pressing than ever. On October 7 Hamas terrorists unleashed pure, unadulterated evil on the people of Israel, slaughtering approximately 1,200 innocent people and taking hundreds more hostage—including survivors of the Shoah. It was the worst atrocity committed against the Jewish people in a single day since the Holocaust.

In the aftermath of Hamas's vicious massacre, we have witnessed an alarming rise of despicable antisemitism at home and abroad that has surfaced painful scars from millennia of hate and genocide of Jewish people. It is unacceptable. We cannot remember all that Jewish survivors of the Holocaust experienced and then stand silently by when Jews are attacked and targeted again today. Without equivocation or exception, we must also forcefully push back against attempts to ignore, deny, distort, and revise history. This includes Holocaust denialism and efforts to minimize the horrors that Hamas perpetrated on October 7, especially its appalling and unforgiveable use of rape and sexual violence to terrorize victims.                  
[...]
On this somber International Holocaust Remembrance Day, we hold the Jewish community and the people of Israel close in our hearts. We recommit to carrying forward the lessons of the Shoah, to fighting antisemitism and all forms of hate-fueled violence, and to bringing the hostages home.

Shoah: How a Biblical Term Became the Hebrew Word for Holocaust
"At its core, the term describes an animal sacrifice totally burnt on an altar in order to please a god": ἀνάθεμα, devotio, sacrifice of the mass
And we remember the enduring strength, spirit, and resilience of the Jewish people—even in the darkest of times.
###
telesur | Israel Urges Disregarding the Hague Court's Decisions
..."The decision of the anti-Semitic Hague Court demonstrates what was already known: this court does not seek justice but the persecution of the Jewish people," he said.

"Decisions that endanger the existence of the State of Israel should not be heard," the far-right politician said. "We must continue crushing the enemy until a total victory," Ben-Gvir stated after the ICJ ordered Israel to "take all measures to prevent acts of genocide in Gaza."...

by Cat on Sat Jan 27th, 2024 at 06:17:45 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Tue Jan 30th, 2024 at 12:55:21 AM EST
[ Parent ]
United Nations: The Status of Jerusalem

    Committee on the Exercise of the Inalienable Rights of the Palestinian People

    "In the interest of preserving, protecting and caring for. Holy Places . . . in Jerusalem, Bethlehem, Nazareth and elsewhere in Palestine, a permanent international body for the supervision and, protection of the Holy Places in Palestine shall be created . . . by the United Nations . . . ".

Trump & Co. have done immense damage to the Middle East ...

'Sapere aude'

by Oui (Oui) on Sat Jan 27th, 2024 at 01:20:03 PM EST

Easiest part to stick a medal on someone's chest or a feather up his arse. 😡

'Sapere aude'

by Oui (Oui) on Sat Jan 27th, 2024 at 01:21:03 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 01:33:02 PM EST


'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 01:34:01 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Sat Jan 27th, 2024 at 05:16:57 PM EST
On Thursday, Meirav Eilon Shahar, Israel's ambassador to the UN, said Hamas was embedding itself in hospitals in Gaza and was using human shields in the Palestinian territory.

Palestinian detainee as human shield in IDF raid on Fawwar refugee camp near Hebron

'Sapere aude'

by Oui (Oui) on Sat Jan 27th, 2024 at 05:18:03 PM EST
Israel's Reputation forever Besmirched by UN Court Injunction to Cease Genociding Palestinians | Informed Comment |

The point about infant mortality and maternal mortality is brought up because one of the elements of genocide is preventing births within the group.

The Court reviewed Israeli denials that things are so bad in Gaza and rejects these assertions out of hand. Lack of food, water, medicine and protection from the elements (it is cold and rainy nowadays) are too well attested by UN aid experts to allow Netanyahu and his Minister of National Security Itamar Ben-Gvir to sweep them under the rug. Any ameliorative steps taken by Israel so far "are insufficient to remove the risk that irreparable prejudice will be caused before the Court issues its final decision in the case."

[...]

The court went on to address the shocking statements of genocidal intent on the part of Israeli officials and members of the Netanyahu government:

    79. The Court is also of the view that Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip."

The relevant word here is "punish." The Court wants the Israeli Attorney General to charge and try members of the current government for incitement to genocide (which is a crime under the 1948 Genocide Convention). Large numbers of Netanyahu's cabinet ministers and other officials would be hauled off to jail if this instruction of the court were implemented.

    80. The Court further considers that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.

In other words, the Israelis maintain that they are doing enough to get food, water and medicine in to the Palestinians. The court says, "no, you're not."

It sides with the UNICEF, UNRWA and other officials who have been screaming at the top of their lungs about the danger of large scale death from starvation, dehydration, and disease unless the conditions for the civilian population, which is now mostly crowded into Rafah in the far south of the strip.

UN Organizations reported very important facts on the ground ... Israel didn't have enough bullets to murder them all.

'Sapere aude'

by Oui (Oui) on Sat Jan 27th, 2024 at 05:21:40 PM EST
by Oui (Oui) on Sat Jan 27th, 2024 at 05:22:39 PM EST
[ Parent ]
Also the role of Martin Griffith was referenced ...

As Israel's Aerial Bombardments Intensify, 'There Is No Safe Place in Gaza', Humanitarian Affairs Chief Warns Security Council | 12 Jan. 2024 |

Delegates Reject Statements Proposing Palestinians Resettle Outside Territory

Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, painted a grim picture of the horrific situation in Gaza, where more than 23,000 people have been killed and more than 58,000 injured since 7 October.  Shelters are overflowing, food and water running out, the risk of famine growing by the day and the health system collapsing, with winter "exacerbating the struggle to survive".  Describing as "deplorable" that facilities critical to the survival of civilians have come under relentless attack, he said that, as ground operations move southwards, aerial bombardments have intensified in areas where civilians were told to relocate for their safety.

Israel to refuse visas to UN officials after Guterres speech on Gaza war | 25 Oct. 2023 |

Protesting the UN chief's indirect criticism of Israel, Israel's UN envoy says 'the time has come to teach them a lesson'.

'Sapere aude'

by Oui (Oui) on Sat Jan 27th, 2024 at 05:24:51 PM EST
[ Parent ]


'Sapere aude'
by Oui (Oui) on Sun Jan 28th, 2024 at 10:28:48 AM EST
hmmmmm
wsj | May 19, 2021
"Israel Pressured by Biden, Mideast Allies to End Fighting"

wsj |  Jan. 26, 2024
"Israel's War With Hamas Has No End in Sight"

NEW!

NY Yella Cake | American Negotiators Close In on Hostage Deal That Would Halt Fighting in Gaza for Weeks, 27 Jan
"about two months"

wsj | Arab Mediators Propose New Hostage-Release Plan to End Israel-Hamas War, 27 Jan

International mediators are proposing a deal to secure the release of all the remaining hostages in Gaza in exchange for a roughly four-month cease-fire. The plan offered to Israel and Hamas would lead to an end to the war in Gaza, Egyptian officials said Saturday.

The new proposal comes as Central Intelligence Agency Director William J. Burns meets in Paris this weekend with the Qatari prime minister and negotiators from the Egyptian and Israeli intelligence agencies for talks aimed at ending the war, officials familiar with the plan said.

The proposal calls for an initial pause in fighting of six weeks to allow for the release of children, women and elderly in need of urgent medical attention. In exchange, Israel would set free a significant number of Palestinian prisoners and increase the flow of aid into Gaza, the Egyptian officials said. The following phases would see Hamas releasing Israeli female soldiers, then male soldiers and human remains, these officials said.
In return, Hamas would get international guarantees, including from the U.S., that during the pause in fighting a comprehensive agreement would be reached that would lead to a permanent end to the war that has engulfed Gaza since Hamas militants attacked southern Israel on Oct. 7. The U.S. has designated Hamas a terrorist organization.
[...]

jpost | Israel close to reaching a new ceasefire deal with Hamas - WSJ, 28 Jan
"in next two weeks"
by Cat on Sun Jan 28th, 2024 at 01:26:56 PM EST
[ Parent ]
by Cat on Sun Jan 28th, 2024 at 06:26:43 PM EST
[ Parent ]
Lindsey loves borders stepping into Iraq-Syria-Ukraine with fellow Republican John McCain to stir up some trouble #regimechange

Located in the desert as a covert training camp for foreign fighters run by the US and UK special forces ...in Jordan near the border Syria and jihad hotspot Daraa Islamists to overthrow Assad.

Assad-busters: At a secret base in Jordan, U.S Special forces are training Syrian rebels for war...but loads fear sleeper cells in their nation will wreak a terrible revenge | Daily Mail - 29 June 2013 |

Thousands trained at this location and caused tens of thousands deaths in Syria ... freedom fighters for democracy ... until blowback from Baghdad torture/detention centers were emptied and ISIL was created. A Syrian quagmire became a headache for Joe and a disaster for Europe as war refugees swarmed across Türkiye into Greece fleeing a horrible humanitarian disaster. Where next Joe?

Another training location for jihadists to be used in proxy wars were located in Albania and Camp Bondsteel in Kosovo ... great ally and perfect match to join the EU.

'Sapere aude'

by Oui (Oui) on Sun Jan 28th, 2024 at 07:41:16 PM EST
[ Parent ]

MoA. War On The Middle East - The Time Of Monsters

reference

Britannica, law of war,
by international treaty, European-American custom, no legal definition

The laws of war are to be found not only in treaties entered into by states but also in customary international law, which is found in the actual practice of states and in the belief (called opinio juris: "opinion of the law") that that practice is in conformity with international law[s].
[...]
Two particular matters that were not referred to by [any] treaty were the meaning of the word war and the limits of any right of self-defense. The term war remained subjective, giving states liberty to withhold the term from their military adventures if they were so minded.
defense.gov, US Department of Defense Law of War Manual, XII - Non-Hostile Relations Between Belligerents: "white flags," truce, "cartels," capitulation, armistice, cease-fire, pp 879-916
...A State is not bound by the terms of a capitulation agreement that it has not authorized its commanders to conclude and may repudiate such terms.126 For example, a State would not be bound to honor political conditions accepted by a capitulating commander or by a commander accepting capitulation, if those commanders lack such authority....
Sun Tzu, Art of War
When the enemy is close at hand and remains quiet, he is relying on the natural strength of his position. When he keeps aloof and tries to provoke a battle, he is anxious for the other side to advance. If his place of encampment is easy of access, he is tendering a bait. Movement amongst the trees of a forest shows that the enemy is advancing. The appearance of a number of screens in the midst of thick grass means that the enemy wants to make us suspicious. The rising of birds in their flight is the sign of an ambuscade. Startled beasts indicate that a sudden attack is coming. When there is dust rising in a high column, it is the sign of chariots advancing; when the dust is low, but spread over a wide area, it betokens the approach of infantry. When it branches out in different directions, it shows that parties have been sent to collect firewood. A few clouds of dust moving to and fro signify that the army is encamping. Humble words and increased preparations are signs that the enemy is about to advance. Violent language and driving forward as if to the attack are signs that he will retreat. When the light chariots come out first and take up a position on the wings, it is a sign that the enemy is forming for battle. Peace proposals unaccompanied by a sworn covenant indicate a plot. When there is much running about and the soldiers fall into rank, it means that the critical moment has come. When some are seen advancing and some retreating, it is a lure. When the soldiers stand leaning on their spears, they are faint from want of food. If those who are sent to draw water begin by drinking themselves, the army is suffering from thirst. If the enemy sees an advantage to be gained and makes no effort to secure it, the soldiers are exhausted. If birds gather on any spot, it is unoccupied. Clamor by night betokens nervousness. If there is disturbance in the camp, the general's authority is weak. If the banners and flags are shifted about, sedition is afoot. If the officers are angry, it means that the men are weary. When an army feeds its horses with grain and kills its cattle for food, and when the men do not hang their cooking-pots over the camp-fires, showing that they will not return to their tents, you may know that they are determined to fight to the death. The sight of men whispering together in small knots or speaking in subdued tones points to disaffection amongst the rank and file. Too frequent rewards signify that the enemy is at the end of his resources; too many punishments betray a condition of dire distress. To begin by bluster, but afterwards to take fright at the enemy's numbers, shows a supreme lack of intelligence. When envoys are sent with compliments in their mouths, it is a sign that the enemy wishes for a truce. If the enemy's troops march up angrily and remain facing ours for a long time without either joining battle or taking themselves off again, the situation is one that demands great vigilance and circumspection.
by Cat on Mon Jan 29th, 2024 at 02:15:39 PM EST
[ Parent ]
On your map just south of the border with Syria ... relics of the bloody attempt by three women during the Obama-Biden administration to fotce regime change by militancy and NATO support from 2011 forward ... broadening the quagmire.

Jordan is home to Zaatari and Azraq refugee camps for Syrian refugees.

Many of the 80,000 Syrian residents of Jordan's Zaatari refugee camp marked a bittersweet milestone. It'd been a decade of living within the roughly five square-kilometre displacement site.

Zaatari, one of the largest refugee camps in the world, opened in 2012 to host Syrians fleeing war. A decade on, we invite you to step inside the camp to meet the resilient people who call it home. What are their dreams, and what does their future hold?



'Sapere aude'
by Oui (Oui) on Mon Jan 29th, 2024 at 02:36:25 PM EST
[ Parent ]
nope.

GLOBAL WAR ON TERROR

by Cat on Mon Jan 29th, 2024 at 03:46:20 PM EST
[ Parent ]
I don't mean for the barbarians, but rather the Cradle of Civilization Mesopotamia, between the two great rivers.

'Sapere aude'
by Oui (Oui) on Mon Jan 29th, 2024 at 04:58:58 PM EST
[ Parent ]
I personally watched it on UN News channel ... excellent



'Sapere aude'
by Oui (Oui) on Tue Feb 6th, 2024 at 07:31:50 PM EST
Add to G7-censored international law ELECTION 2024, 6 Feb

NEW! president: Nawaf Salam
NEW! vice-president: Julia Sebutinde!?

The day is young, though. NY Yella Cake's legal eagles might yet pull a few opinions about Tokyo's "peace summit" out of their drawers.

archive A/RES/77/247 hearing: 19 Feb 2024, Feb. 19 Ukraine recovery conference

by Cat on Wed Feb 7th, 2024 at 02:19:36 PM EST
[ Parent ]


Display:
Go to: [ European Tribune Homepage : Top of page : Top of comments ]