Expect the UK to intervene on Israel’s side in the South African case against Israel for Genocide at the International Court of Justice. If Israel loses, British ministers, civil servants and military personnal could end up in the dock for genocide – not only in the Hague, but in the UK.
Infamously, UK courts give no force to international treaties even when the UK has ratified them, unless they are specifically incorporated in UK domestic legislation. The Genocide Convention was explicitly incorporated into UK law in 1969 by the Genocide Act. However the Genocide Act was repealed in 2001 and replaced by Section 51 of the International Criminal Court Act.
That is perfectly clear. Article 53 makes plain that this includes ancillary offences, eg aiding and abetting genocide.
What has the UK government done to aid and abet the genocide? It has:
1) Actively encouraged and incited genocide, including by the systematic obstruction of ceasefire resolutions at the UN Security Council;
2) Provided military equipment to Israel, with dozens of flights from RAF Akrotiri to Israel during the course of the genocide itself;
3) Provided communications intelligence to Israel to assist in genocide;
4) Provided aerial surveillance to Israel to assist in genocide.
These are for certain. It is also widely rumoured that UK Special Forces have participated directly in the genocide. That is something the prosecution will have to determine.
There has been a great sense of impunity among the zionist-controlled political classes: they have believed that they were in no danger of any personal retribution for their part in the brutal destruction of thousands and thousands of young children. In fact they felt able to turn the power of the state against anybody protesting that destruction.
There has been no legal jeopardy to anybody supplying, inciting or cheering on Israel’s monstrous atrocities. The jeopardy has all been felt by those opposing the atrocities.
That all changed with South Africa’s reference to the International Court of Justice. A determination of genocide by the International Court of Justice must be respected by the International Criminal Court and it will be impossible even for the odious Karim Khan to avoid bringing prosecutions against the perpetrators. Similarly in the UK, the fact of genocide being legally established, a police investigation will be obliged simply to focus on whether the UK aided and abetted it.
Quite simply, if you ask the police to investigate Sunak for aiding and abetting genocide today, they will laugh at you and say there is no genocide. After an ICJ judgment they can no longer do that.
Now I am not naive. Just as our rulers believe their backs are covered by Karim Khan KC at the International Criminal Court, they believe that their backs are covered in the UK by the provision that any prosecution must be with the consent of the Attorney General. A government therefore has to agree to the prosecution.
I gave evidence at great length to the police inquiry into UK complicity in CIA torture and extraordinary rendition, in which Tony Blair and Jack Straw had so much blood on their hands it would fill swimming pools. There were of course never any prosecutions.
But the world changes over time, and it feels like something has seriously shifted in both the international and domestic order from the open espousal by our ruling classes of the most extreme atrocities, happening again and again and again in plain sight.
Our ruling classes may find they are less fixed in power than they believe. I would not bet on their impunity being permanent. There is a good precedent of participants in the Holocaust being brought to justice many decades later. We may yet see justice, and I believe a good deal sooner than that.
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Regarding the US denials that there is any evidence of genocide at all, I just had to post this from today’s Guardian live blog:
“UNRWA: Almost 90% of Gaza’s population “forcibly displaced and lack everything”
Almost 90% of Gaza’s 2.4 million people have been “forcibly displaced and lack everything”, UNRWA said.
Amid Israel’s deadly bombardment of Gaza, which has reduced most of the strip to rubble while killing more than 22,700 Palestinians, survivors are grappling with severe shortages in food, water, medical supplies and fuel.
According to UNRWA, 1.9 million Palestinians have been displaced across Gaza, with 1.88 million Palestinians sheltering in and in the vicinity of 155 UNRWA installations.
Meanwhile, 131 UNRWA installations have been damaged as a result of Israel’s deadly strikes across Gaza.”
https://www.theguardian.com/world/live/2024/jan/06/middle-east-crisis-israel-gaza-war-hamas-us-blinken-trip-erdogan?page=with:block-6599863e8f08640ae963b380#block-6599863e8f08640ae963b380
In Australia, The Opposition ( Liberal Party + hanger on’s) has already announced which team it is on:
https://www.theguardian.com/australia-news/2024/jan/05/opposition-south-africa-genocide-case-israel-coalition-stance
The alleged Prime Minister of Australia Anthony Albanese (Labor Party) spent a long time opposing a cease fire but more recently relented after massive pressure from the population. According to the above article he is yet to announce where he stands on the ICJ matter.
Australia’s ‘support’ for Assange tells you all you need to know, another vassal state.
Economic Activity of Public Bodies (Overseas Matters) Bill
(AS INTRODUCED)
Economic Activity of Public Bodies (Overseas Matters) Bill set to make it unlawful for public bodies to consider ethical and human rights issues in procurement and investment decisions;
– Special status for Israel will shield it from accountability for human rights violations and breaching international law.
– The Economic Activity of Public Bodies (Overseas Matters) Bill will also shield Israeli authorities from accountability for human rights violations and breaching international law.
https://publications.parliament.uk/pa/bills/cbill/58-04/0005/230005.pdf
Although Michael Gove’s bill [making its way through parliament] does not mention Israel in particular, they surely would be the beneficiaries of it.
They are trying to make it illegal to support Palestine’s liberation struggle full stop.
The latest move is in trying to force protesters to pay for the policing costs of demos, costs that run into the millions. As recommended by the govt’s adviser on such matters, Baron Walney aka John Woodcock. Prior to the HoL, Woodcock resigned from the Labour party and sat as an independent MP, he resigned (2018), after being suspended by the party over sex pest allegations, he promised to refer himself to an independent investigation process. And to this day he hasn’t done so. Woodcock campaigned against Corbyn in 2019, pushing the bogus antisemitism claims, and for this was seemingly rewarded with a peerage. With the unresolved sex pest allegations hanging over him, it begs the question as to how he got through the vetting of the House of Lords Appointments Commission (HOLAC)? The HOLAC is supposed to vet prospective life peers to ensure the highest standards of propriety. HOLAC is an advisory non-departmental public body, sponsored by the Cabinet Office.
Hamas are terrorists in much the same way the Mau Mau were designated as terrorists. It’s clearly an unhelpful, problematic label, especially in the case of a rebellion like that of the Mau Mau, or today, a national liberation struggle like the Palestinians are engaged in.
The vast majority of deaths throughout the Mau Mau rebellion were Mau Mau fighters or people considered to be affiliated with the Mau Mau. The British justified their deaths, and the concentration camps they established for the Mau Mau, by arguing the Mau Mau were dangerous and a threat to general safety. Sound familiar?
At what point does a state have to concede power to a different group of people? And by the same token, at what point do the Ukrainians become terrorists?
Don’t expect this to be debated in the UK parliament. Has British politics ever been this dire, this conformist and this unrepresentative? Not one person in parliament who could be said to be widely admired. With very few exceptions , to a man and woman nearly the whole lot are bloody awful.
Goose, I agree.
“From the White House to the halls of Congress, U.S. government officials have responded to the death of Nelson Mandela with a hail of testimonials to the late South African president’s leadership in the struggle for freedom and human rights.
Until five years ago, however, the U.S. officially considered Mandela a terrorist. During the Cold War, both the State and Defense departments dubbed Mandela’s political party, the African National Congress, a terrorist group, and Mandela’s name remained on the U.S. terrorism watch list till 2008”.
Reading this furious Zionist rant from Natasha Hausdorff: https://www.telegraph.co.uk/news/2024/01/07/international-court-of-justice-weaponised-against-jewish/ The International Court of Justice has been weaponised against the Jewish state
Why did the BBC introduce and quiz Ms.Hausdorff as an ‘expert on International law’ as if a wholly objective, independent expert?
There is something deeply wrong with the BBC when people pushing the Israeli govt line, are the go-to outside experts – presented as objective, impartial experts on int. law. I don’t blame reporter Katja Adler ( the interview is on X/twitter), it was someone else at BBC news dept. Atrocious from the biased BBC though. Pro Israel x/twitter accounts were all over the interview, promoting it as legal justification for Israel’s actions.
Palestinians need eight of these to vote yes: https://www.icj-cij.org/current-members
Can only imagine the intense US lobbying going on right now. Sadly, it will come down to politics and secret agreements /concessions. Nothing is sacred to the US and UK elites. International bodies are there to be manipulated and undermined: UN (spied on & leaders blackmailed) OPCW (report manipulations & threats of physical violence), ICC (threats), IAEA (interference). What should be a relatively easy win for Gazans is anything but assured.
Do the count, at best it’s six or seven. I’d like to be wrong, but the US is totally unscrupulous and has too much leverage over the likes of Japan and others.
UK accused of hypocricy after submitteng a case to the ICJ in support of acts of Genocide against the Rohingya ethnic group.
Tayab Ali, the head of international law at Bindmans, said the significance of the UK’s submission on Myanmar “lay in showing the importance the UK attaches to adherence to the [UN] Genocide Convention and in showing the UK took a wide, and not a narrow, definition of acts of genocide, and the intent to commit genocide. It also made clear that the court should take into account risks to life after a ceasefire caused by disabilities, inability to reside in their homes and wider injustices.
“It would be wholly disingenuous if the UK, six week after advancing such a significant and broad definition of genocide in the case of Myanmar, now adopts a narrow one in the case of Israel.”https://www.theguardian.com/law/2024/jan/07/uk-accused-of-hypocrisy-in-not-backing-claim-of-genocide-in-gaza-before-icj
Straight to the point. Interesting article.
https://www.stuff.co.nz/manawatu-standard/opinion/301035221/israel-held-hostage–and-biden-too
How interesting, another lesson in hypocrisy by the UK Government and others. They are in support of the ICJ case against Myanmar for genocide of the Rohynga people, forcefully hounded out of their state and homes and deported to a small part of Bangladesh. The ICJ threw out the flimsy arguments of Myanmar and the mighty UK supports the ICJ.
But we are not able to call out the genocide that is happening with our considerable help in Gaza and we expect the ICJ to throw out South Africa’s enactment of the genocide act which is supported in words by many other countries around the world.
Red faces all round.
This is a really good synopsis of South Africa’s submission to the ICJ and also of the role of the ICJ and the duties of its signatories. https://scheerpost.com/2024/01/08/israel-is-terrified-the-world-court-will-decide-its-committing-genocide/ Admin – I hope you will allow this post. Personally, I do not see how this court would find that Israel has not been guilty of the most horrific crimes in full view of the whole world. Social media has become a true alternative to the MSM by keeping us informed of the horrors of this conflict. In all ways, the Israelis have condemned themselves not just be their actions but by their words. Other countries are being asked to file declarations also through petitions – this the link to one of them I received this morning from World beyond War – please pass it along.
https://worldbeyondwar.org/gaza-genocide/
The Americans and Israelis are trying to strong arm others to oppose the declaration – I can guess who will succumb but I still hope Canada will support the declaration. I also hope the links work.
The ICJ is a United Nations organ, that being the case a ‘Uniting for Peace’ resolution put forward by a UN member has a limited chance of success to overcome the US veto power. It would appear the only steps a successful vote by the General Assembly that could have any influence would be a ‘recomendation’, well short of practical action, i.e. pronouncements devoid of any binding legal force.
Which of course means the US would use their veto.
However total emancipation from the Security Council is reached where the Secretary-General convenes an emergency special meeting at the request of a United Nations Member acting with the support of a majority in the General Assembly.
Any application of Uniting for Peace with a view to taking enforcement action would at least need the support of one of the permanent members. To date, resolution 498 (V) of 1951 remains the only example of a situation where the General Assembly, at that time under dominating Western influence, recommended taking such action, notwithstanding the firm resistance of a permanent member.
In order to overcome this impasse, the United States, under the leadership of its Foreign Secretary Dean Acheson, succeeded in persuading the General Assembly that it should claim for itself a subsidiary responsibility with regard to international peace and security, as enunciated by Article 14 of the Charter. The result of these efforts was resolution 377 A (V).
The most important part of resolution 377 A (V) is section A which states that where the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security, the General Assembly shall seize itself of the matter. Procedural and substantive steps are suggested. First of all, if the Assembly is not in session, it may meet in emergency special session at the request of the Security Council or of a majority of its own members. Second, such a session shall be convened with a view to making appropriate recommendations for “collective measures…including the use of armed force when necessary”. As the language of the resolution also clearly reveals, the General Assembly can never be a full substitute for the Security Council in this area. Accordingly, only “recommendations” are mentioned, i.e. pronouncements devoid of any binding legal force. Additionally, resolution 377 A (V) establishes two auxiliary bodies, a Peace Observation Commission, which existed until 1960, and a Collective Measures Committee, which had a short life of only two years. None of these bodies has played any role of major significance.
Although the General Assembly did not attempt to arrogate to itself powers akin to those rooted in Chapter VII of the Charter, it stands to reason that originally resolution 377 A (V) was hardly reconcilable with the Charter. Articles 11 and 12 establish unequivocally the primacy of the Security Council with regard to all matters relating to international peace and security. As far as procedure is concerned, Article 12, paragraph 1, stipulates that while the Council is exercising its function in respect of any dispute or situation, “the General Assembly shall not make any recommendation with regard to that dispute or situation”. https://legal.un.org/avl/ha/ufp/ufp.html
Uniting for Peace
General Assembly resolution 377 (V)
New York, 3 November 1950
Marjorie Cohn said in her post, linked by Rosemary above, that
Article 94 of the UN Charter says that “all parties to a dispute must comply with the decisions of the ICJ and if a party fails to do so, the other party may go to the UN Security Council for the enforcement of the decision”. Which of course the US will veto.
https://scheerpost.com/2024/01/08/israel-is-terrified-the-world-court-will-decide-its-committing-genocide/
That is the problem.
The case of Nicaragua v United states is instructive in relation to International law. Here is what the ICJ determined. This was an advisory opinion, therefore a court’s nonbinding interpretation of law.
1. Did the US violate its customary international law obligation not to intervene in the affairs of another State, when it trained, armed, equipped, and financed the contra forces or when it encouraged, supported, and aided the military and paramilitary activities against Nicaragua?
2. Did the US violate its customary international law obligation not to use force against another State, when it directly attacked Nicaragua in 1983 and 1984 and when its activities in point (1) above resulted in the use of force?
3. Can the military and paramilitary activities that the US undertook in and against Nicaragua be justified as collective self-defence?
4. Did the US breach its customary international law obligation not to violate the sovereignty of another State, when it directed or authorized its aircrafts to fly over the territory of Nicaragua and because of acts referred to in (2) above?
5. Did the US breach its customary international law obligations not to violate the sovereignty of another State, not to intervene in its affairs, not to use force against another State and not to interrupt peaceful maritime commerce, when it laid mines in the internal waters and in the territorial sea of Nicaragua?
The court’s decision:
The US violated customary international law in relation to (1), (2), (4) and (5) above. On (3), the Court found that the United States could not rely on collective self-defence to justify its use of force against Nicaragua.
The US did not accept the court’s decision and just walked away, and refused to pay any reparations.
If the ICJ issue a binding order, as opposed to an advisory opinion, then all states at the UN are under an obligation to take action against the offending state. It is possible for the offending state to ignore the order, as has been done in the past. But if the ICJ issue a binding order, after coming to a decision on whether Israel has committed Genocide, then it is possible for those UK leaders, whom Craig mentions in this article, to be prosecuted for aiding and abetting such crimes under the ICC UK Act (with the consent of the Attorney General).
If no consent is forthcoming then presumably a private prosecution could be started, as I outlined in this thread earlier. Then an Iraqi General failed in his effort because the High court said there was no such criminal offence of ‘Aggression’ on the statute books.
This is very interesting, Left-wing Labour MP Jon Trickett has tabled a parliamentary ‘Early Day Motion’ (EDM) demanding that the government reveal the advice its legal experts have given it over Israel’s war crimes and South Africa’s powerful and thorough genocide case against Israel before the International Court of Justice (ICJ).
The motion reads:
https://skwawkbox.org/2024/01/09/trickett-tables-motion-demanding-disclosure-of-government-legal-advice-on-gaza-genocide/
We need to know this Harry Law, thanks. According to the skwawkbox article about Trickett’s motion: Tory MPs have spoken in the Commons to try to dismiss South Africa’s case as having ‘no legal merit’ – farcical when the ICJ, by accepting the case, has already decided that Israel has a case to answer. My understanding is that at least eight of the judges on the ICJ have to move that Israel has committed genocide for the case to have any legal standing. Looking at the list, if there is political pressure, the US and Germany will definitely side with Israel – also maybe Japan and Australia. It looks as if there maybe eight judges who agree – with South Africa’s declaration. I would hope ALL the judges will be professional enough to resist any lobbying and judge the issue on the facts.
I believe hundreds of millions of people in the “west” have been enlightened and shocked by the lack of humanity, morals and pure disregard for life demonstrated by their governments. I sent a letter to the Canadian government a few days ago asking them to support South Africa. My MP, who is a conservative – the party in power is liberal – wrote back telling me that the Israeli position is justified given that the events of October 7 was the worst loss of Jewish life since the Holocaust – just parroting the party line.
Where to watch the proceedings today?
https://webtv.un.org/en/asset/k11/k11gf661b3
Starts 9 am I believe. I’ll try following as much as poss.
And an interesting site for anyone wanting to put up their own submission to the process
Everyone can add their own submission to the IJC here. Compile video photos statements and add your own commentary to the submission
https://www.justiceforall.org/icc-submissions/
If there is to be a lawful multipolar world with any role for the ICJ this must be its acme or stand revealed as a mirage. The Judges must know the majority of the worlds population expects justice for the colonised Palestine and an end to a 100 year old crime by the imperial Rules based order – or it leads to chaos and war.
The Houthi’s practiced a swarm attack on our warship yesterday. Expending much expensive ammunition against their cheap drones. How long before it uses up all of it and has to withdraw for re-supply?
The remaining Anglo European colonisers can’t stay either way. As even the oldest French occupied African territories are showing.
I fear the worst and hope for the best.
As usual Jonathan Cook says it better than I can. A great tweet with a link to a longer article expresses what most of the world feels today. Here’s a snippet
“ Will the West defy Israel or the court? The post-war consensus that serves as the foundation for international law – already shaken by the failure to address the West’s war crimes in Iraq and Afghanistan – is on the verge of complete collapse.”
https://nitter.net/Jonathan_K_Cook/status/1745175068047466952#m
I think the more pertinent question is: will the West defy the US? Very unlikely in any meaningful way. Might gets what it wants, or it gets away with trying to and gets supported in its business by all the little leaders it has in its very ample pockets.. Nearly all of the important power-plays taking place on the world stage at the moment involve the US, one way or another, in its quest to dominate the 21st C. To do that it has to keep its client states in check. For the foreseeable future I’d expect most of them to keep on rolling over. Even the EU has stepped up, to fund Ukraine (iow, to fund the US’s proxy war), while Biden gets his funding issues sorted out.
Thank you CM! I look forward to your reports.
A mighty journalist representing all the murdered and jailed and honouring the Greats.
“Craig Murray
@CraigMurrayOrg
22m
I am now walking back to the International Court of Justice to report today’s hearing.
Notebook and pen in hand.
Arm in arm with my friend John Pilger…
Jan 11, 2024 · 7:14 AM UTC “
https://nitter.net/CraigMurrayOrg
if
“What has the UK government done to aid and abet the genocide? It has:
1) Actively encouraged and incited genocide, including by the systematic obstruction of ceasefire resolutions at the UN Security Council;”
then
could those government officials in the Czech Rep. responsible for “systematic obstruction of ceasefire resolutions” be held liable for their crimes? Thank you for any answer.
The Czech Republic is not in the Security Council and is not wielding a veto.
The Czech Republic is not making large number of mysterious flights into Israel, starting immediately after 7th Oct.
The Czech Republic is not credibly accused of sending its special forces to Israel/Gaza – and their version of Boris Johnson wasn’t photographed with national volunteers in IDF uniforms.
They should be but they won’t.
Recall bliar telling bush that some small fry may get thrown under a bus but no-one that matters will get touched.
Kris.