Tag: International Court of Justice

  • Slamming Israeli Media Lies, Freed Hostage Says IDF Strike—Not Hamas—Wounded Her

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    Original article by Brett Wilkins republished from Common Dreams under a CC licence.

    Noa Argamani, an Israeli woman who spent 245 days in Hamas captivity in Gaza after being kidnapped last October 7, meets with representatives of Group of Seven nations in Tokyo on August 21, 2024. (Photo: Richard Brooks/AFP via Getty Images)

    “I cannot ignore what happened here over the past 24 hours, taking my words out of context,” said Noa Argamani. “As a victim of October 7, I refuse to be victimized once again by the media.”

    An Israeli woman kidnapped by Hamas militants on October 7 and held hostage for 245 days before being rescued lashed out on Friday at Israeli media outlets that twisted her words to make it seem as if she was wounded by her captors when in reality she was injured in an attack by the military in which she once served.

    Responding to reports in outlets including The Jerusalem Post—which on Thursday ran the headline “Hamas Beat Me All Over”—Noa Argamani said on Instagram that “I can’t ignore what happened in the media in the last 24 hours.”

    “Things were taken out of context,” the 26-year-old navy veteran from Be’er Sheva said of her earlier comments to Group of Seven diplomats in Tokyo. “I was not beaten… I was in a building that was bombed by the Air Force.”

    “I emphasize that I was not beaten, but injured all over my body by the collapse of a building on me,” Argamani added. “As a victim of October 7, I refuse to be victimized once again by the media.”

    Prominent Israelis including President Isaac Herzog and pro-Israel voices around the world including writer Aviva Klompas and the Australia Israel and Jewish Affairs Council amplified the false claim that Argamani was “beaten” by her captors.

    Argamani was partying with her boyfriend Avinatan Or at the Nova rave near the Gaza border when the festival was attacked by Hamas-led militants in the early morning hours of October 7. In now-famous video footage, she is seen begging, “Don’t kill me!” as her captors whisk her away toward Gaza on a motorcycle. Or was also kidnapped and is believed to still be in Hamas custody.

    “Every night, I was falling asleep and thinking, this may be the last night of my life,” Argamani said Thursday of her time in captivity.

    Argamani was one of four Hamas captives rescued during a June raid on the Nuseirat refugee camp in Gaza, an operation in which Israeli forces killed at least 236 Palestinians, most of them women and children. Three other Israeli hostages taken from the Nova rave were also rescued in the raid.

    “It’s a miracle because I survived October 7, and I survived this bombing, and I also survived the rescue,” Argamani said in Tokyo on Thursday.

    Argamani’s rescue fulfilled a dying wish from her mother, who had terminal cancer, to be reunited with her daughter before she passed. Argamani was also freed on the birthday of her father, Yakov Argamani, who, from the start of the hostage ordeal, urged Israeli leaders to eschew revenge after the October 7 attack.

    There are believed to be around 109 Israelis and others still held captive by Hamas in Gaza. Argamani implored the government to make freeing them its top priority.

    “Avinatan, my boyfriend, is still there, and we need to bring them back before it’s going to be too late,” she said Thursday. “We don’t want to lose more people than we already lost.”

    More than 1,100 Israelis and others including Thai farmworkers were killed on October 7, at least some of them in so-called “friendly fire” attacks by Israeli forces. The Israel Defense Forces (IDF) employed a protocol known as the “Hannibal Directive” authorizing lethal force against Israeli soldiers in order to prevent them from being taken prisoner by enemy forces. More than 240 Israelis and others were abducted by Hamas and other militants.

    Freed hostages have recounted being fired upon by Israeli aircraft as they were being taken by Hamas militants to Gaza. One former captive said in December that “every day in captivity was extremely challenging. We were in tunnels, terrified that it would not be Hamas, but Israel, that would kill us, and then they would say Hamas killed you.”

    Numerous Israeli hostages have been killed by their would-be rescuers, including a trio of men who managed to escape from their captors and were waving white flags and shouting for help in Hebrew when they were shot dead by IDF soldiers in Gaza in December, and five Israelis who likely suffocated to death due to a fire sparked by an Israeli assault six months ago on the tunnel where the hostages were being held.

    In contrast to former Palestinian prisoners held by Israel—who, along with Israeli whistleblowers, have reported systemic torture, rape, starvation, and even murder committed by their captors—numerous Israelis kidnapped by Hamas have reported being relatively well treated. Other former hostages said they were physically, sexually, and psychologically abused.

    Taking civilian hostages is a war crime in itself.

    Israel’s 322-day retaliation for October 7 has left at least 144,000 Palestinians dead, wounded, or missing. Nearly all of Gaza’s 2.3 million people have been forcibly displaced by Israel’s bombardment and invasion, which has flattened much of the coastal enclave. A crippling siege has pushed hundreds of thousands of Gazans over the brink of starvation, with at least dozens of children dying of malnutrition, dehydration, and lack of medical care. Preventable diseases including measles, hepatitis, and polio threaten public health not only in Gaza but also in Israel and other neighboring nations.

    Israel is currently on trial for genocide at the International Court of Justice.

    Original article by Brett Wilkins republished from Common Dreams under a CC licence.

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  • As Gaza Death Toll Tops 40,000, Congress Urged to Block New Weapons to Israel

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    Original article by BRETT WILKINS republished form Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

    Activists demand an end to U.S. arms transfers to Israel during a May 2, 2024 protest outside the White House in Washington, D.C. (Photo: Amnesty International USA)

    “U.S. arms transfers to Israel have fueled unimaginable suffering in Gaza, including staggering levels of civilian harm,” said one embargo advocate.

    As the Palestinian death toll from Israel’s 314-day assault on Gaza passed 40,000—a figure experts say is likely a vast undercount—human rights groups this week decried the Biden administration’s approval of $20 billion worth of new weapons for Israel and renewed pleas for Congress to block further arms transfers to the nation on trial for genocide at the World Court.

    On Tuesday—just days after Israeli forces used at least one U.S.-supplied bomb in an airstrike on a Gaza City school that killed scores of forcibly displaced Palestinian civilians sheltering there—the Biden administration notified Congress of the pending sale of a new weapons package that includes dozens of F-15 fighter jets, tens of thousands of 120mm mortar shells, over 32,700 tank shells, and 30 Advanced Medium Range Air-to-Air Missiles.

    Since October, Congress and the Biden administration have approved more than $14 billion in unconditional military aid to Israel. President Joe Biden has signed off on more than 100 arms transfers to Israel during that period. This, atop the $3.8 billion in annual armed aid the U.S. already gives to the key Middle Eastern ally.

    “Israel used U.S.-made weapons in May when it slaughtered Palestinian families sheltering in tent camps in Rafah,” Jewish Voice for Peace (JVP) said Wednesday. “Israel used U.S.-made weapons when it bombed the al-Mutanabbi school in Khan Younis in early July, killing over two dozen displaced Palestinians seeking refuge there. And it used U.S.-made weapons on Saturday to murder over 100 Palestinians while they prayed.”

    “Biden continues to send weapons to Israel, and both political parties—Republicans and Democrats—have cheered on the Israeli government’s slaughter and genocide of Palestinians in Gaza,” JVP continued. “This is a U.S.-perpetrated genocide as much as it is an Israeli one.”

    “But the Democratic voting base is calling for something different, and we have seen the progressive and increasingly mainstream wing of the party begin to echo this need,” the group said. “We are playing a critical role in driving the Democratic Party to finally catch up to the demands of its own base.”

    “Right now, we have an opportunity to re-center Gaza in the national conversation and continue building pressure on the Biden administration, on [Vice President] Kamala Harris, and on Democratic members of Congress to support an immediate arms embargo,” JVP added.

    While Harris has expressed sympathy for Palestinians suffering what she called a “humanitarian catastrophe” in Gaza, the vice president and Democratic presidential nominee, like Biden, has proclaimed her “unwavering” support for Israel. One aide said last week that Harris does not support an arms embargo.

    “The decision to approve yet another massive sale of arms to Israel is appalling and a blatant violation of U.S. and international law and policy,” Annie Shiel, the U.S. advocacy director at the Center for Civilians in Conflict, said on Thursday.

    “U.S. arms transfers to Israel have fueled unimaginable suffering in Gaza, including staggering levels of civilian harm, the destruction of civilian infrastructure, and an ever-growing humanitarian catastrophe,” Shiel continued. “The U.S. is complicit in this devastation.”

    “Congress must block these sales, including through the introduction of joint resolutions of disapproval,” she added, “and the Biden-Harris administration must finally end U.S. arms transfers and use its leverage to bring about an immediate cease-fire.”

    The international anti-poverty NGO ActionAid said Thursday: “We are outraged and heartbroken by the staggering loss of 40,000 lives in Gaza. It is a number that is incomprehensible—every life lost is an individual tragedy.”

    “But this is not an inevitable one, it is an ongoing atrocity, and it could have been prevented,” the group continued. “Most governments across the world have refused to do the bare minimum to protect civilian life and it is to our collective shame. We are losing confidence each day in the concept of justice.”

    “We reiterate our calls for an immediate cessation of hostilities and urge all governments to meet their obligations under international law and use all available means to take immediate and decisive action to ensure the safety and security of all civilians,” ActionAid said.

    “We call for the imposition of sanctions, including travel bans and asset freezes, on Israeli officials linked to alleged violations of international humanitarian law,” the NGO added. “Every day that you choose to avoid this as a reality, this death toll will keep rising until there is nobody left in Gaza alive.”

    In addition to the South Africa-led genocide case against Israel at the International Court of Justice, International Criminal Court (ICC) Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and for three Hamas leaders, at least one of whom has been assassinated by Israeli forces.

    The Biden administration and numerous members of Congress have condemned the courts’ pursuit of justice for Israel and its leaders. In June, 42 Democrats joined nearly every Republican in the House of Representatives in passing a bill that would sanction ICC officials over Khan’s application for arrest warrants for Netanyahu and Gallant.

    In addition to rights groups, a coalition of journalists, news outlets, and press freedom organizations on Thursday implored the Biden administration to immediately halt arms transfers to Israel.

    As the tight 2024 presidential race between Harris and former President Donald Trump, the Republican nominee, heads toward the home stretch, a survey commissioned by the Institute for Middle Eastern Understanding Policy Project and conducted by YouGov revealed this week that Democratic and Independent voters in the key swing states of Arizona, Georgia, and Pennsylvania would be more willing to vote for Harris if she backed an arms embargo on Israel.

    Original article by BRETT WILKINS republished form Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

  • US Rights Group Urges Media to Condemn Israel’s Killing of Journalists in Gaza

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    Original article by BRETT WILKINS republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

    A funeral ceremony is held for Palestine TV correspondent Mohammed Abu Hatab, who was killed, along with his family members, in an airstrike on his home in Khan Yunis, Gaza on November 3, 2023. (Photo: Abed Zagout/Anadolu via Getty Images)

    “The only thing that can explain the shocking silence of American and international media professionals about the mass killing of their Palestinian colleagues is the decadeslong and systematic dehumanization of the Palestinian people.”

    The largest U.S. Muslim advocacy group on Friday implored American and international media outlets to speak out against Israel’s killing of more than 100 journalists, almost all of them Palestinians, during the ongoing assault on Gaza.

    The Council on American-Islamic Relations (CAIR) renewed its plea following Israeli airstrikes on the homes of Palestine TV journalist Tamim Ma’mmar and Al-Aqsa TV‘s Abdullah Al-Sousi. Ma’mmar was killed along with his wife and two of their children, while the other attack killed Al-Sousi and two of his nephews, according to Quds News Network.

    “The only thing that can explain the shocking silence of American and international media professionals about the mass killing of their Palestinian colleagues is the decadeslong and systematic dehumanization of the Palestinian people, in which the lives of Palestinians have lesser or no value,” CAIR national communications director Ibrahim Cooper said in a statement.

    “Journalists worldwide must begin to speak out about these killings and about the Israeli genocide in Gaza,” he added.

    https://twitter.com/QudsNen/status/1821932693400981588?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1821932693400981588%7Ctwgr%5Eb50525bcbd64fb1a441b5d53fd2d2b071768fd5b%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Fwww.commondreams.org%2Fnews%2Fisrael-killing-journalists

    Israel is on trial for genocide at the International Court of Justice in The Hague. Its 308-day assault on Gaza has left more than 142,000 Palestinians dead, wounded, or missing, according to local and international officials.

    Preliminary investigations by the New York-based Committee to Protect Journalists found that at least 113 media professionals—including 108 Palestinians, three Lebanese, and two Israelis—have been killed during the war, “making it the deadliest period for journalists since CPJ began gathering data in 1992.”

    CPJ has condemned what it called an “apparent pattern of targeting journalists and their families,” noting cases in which media workers were killed while wearing press insignia and after being threatened by Israeli officials.

    Gaza’s Government Media Office said this week that Israeli forces have killed 166 journalists since October.

    In May, the Paris-based press freedom group Reporters Without Borders (RSF) filed a third complaint at the International Criminal Court alleging “war crimes against journalists in Gaza.”

    RSF said it had “reasonable grounds for thinking that some of these journalists were deliberately killed and that the others were the victims of deliberate IDF attacks against civilians” and accused Israel of “an eradication of the Palestinian media.”

    The following month, the Gaza Project—led by the Paris-based nonprofit Forbidden Stories—published a report detailing a “chilling pattern” of Israeli forces apparently targeting journalists during the war.

    Human Rights Watch and Amnesty International have called for official investigations into Israeli killing of journalists including an October 13 attack that killed 37-year-old Lebanese Reuters videographer Issam Abdallah and wounded half a dozen other journalists who were covering cross-border clashes between Israeli troops and Hezbollah fighters in southern Lebanon.

    Dylan Collins, an American deputy editor at Al Jazeera English, was wounded while administering first aid to Christina Assi, an Agence-France Presse journalist who was seriously wounded in the attack. Assi-one of whose legs was amputated—recently carried the Olympic torch in Paris.

    CPJ president Jodie Ginsburg recently told Al Jazeera that the killing of journalists by Israeli forces “appears to be part of a broader strategy that aims to stifle the information coming out of Gaza.”

    Original article by BRETT WILKINS republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

  • Top lawyer urges UK to halt arms sales to Israel following ICJ ruling

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    Original article republished from Middle East Monitor under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.. Published on July 31, 2024, the article is still relevant.

    Activists drop a banner from Westminster Bridge, calling on Labour leader Keir Starmer to say he’ll end arms sales to Israel if he becomes prime minister, on 3 June 2024, in London, Uk [Luca Marino]

    A prominent lawyer who represented Palestine at the International Court of Justice (ICJ) has called on the UK to stop selling arms to Israel in light of the court’s recent advisory opinion. Professor Philippe Sands KC, a member of Palestine’s legal team, has called on the new Labour government to comply with the ICJ ruling, which found Israel’s occupation and settlement policies in Palestinian territories to be illegal and found that Israel’s practice in the occupied territories amounted to the crime of apartheid.

    The ICJ opinion, issued earlier this month, declared that UN member states have an obligation to neither recognise the occupation as lawful nor assist in its maintenance. Sands emphasised the significance of this ruling for the UK, stating: “The most immediate issue is the obligation in the advisory opinion on the states, which includes the United Kingdom, not to aid or assist in the maintenance of the current situation in the occupied territories of the West Bank, including [East] Jerusalem.”

    He explained further: “That legal obligation precludes sales of military material which could be used directly or indirectly to assist Israel in maintaining its unlawful occupation of the occupied Palestinian territories.”

    While ICJ advisory opinions are not directly binding on individual UN member states, Sands asserts that it will be “recognised as an authoritative statement of the law and one that the UN and its specialised agencies will follow as law.”

    The lawyer also highlighted implications for trade, noting that, “Anything that is produced in the occupied territories, such as food, or that is sold there over the internet, is in principle subject to the international prohibition, if it can be said to aid or assist in the maintenance of the unlawful occupation.”

    The ICJ ruling comes at a time when the UK is already under scrutiny regarding arms sales to Israel, particularly in light of Israel’s aggression against the Palestinians in Gaza. The apartheid state is also under investigation by the ICJ for the crime of genocide, the worst of all crimes against a people. The military offensive, launched in response to the 7 October cross-border incursion by Palestinian resistance groups, has claimed the lives of almost 40,000 Palestinians, mainly women and children, and wounded 91,000 others. An estimated 10,000 Palestinians remain missing, presumed dead, under the rubble of their homes and other civilian infrastructure destroyed by Israeli bombs.

    There has been widespread speculation about how the new Labour government will respond to the ICJ opinion, particularly concerning arms sales. Labour has recently stated that UK arms sales to Israel have been delayed as ministers review weapons potentially linked to war crimes in Gaza.

    Foreign Secretary David Lammy has indicated that officials are conducting a “comprehensive review of Israel’s compliance with international humanitarian law” and is considering banning certain arms sales to the country.

    Sands also addressed the issue of Palestinian statehood, referencing the ICJ statement on “the realisation of the right of the Palestinian people to self-determination, including its right to an independent and sovereign state.” He noted that while recognition of a state is ultimately a political decision, the UK remains part of a “small and diminishing group” that has not recognised Palestine as a state.

    As the international community awaits the UK’s official response to the ICJ advisory opinion, the Foreign, Commonwealth and Development Office has stated that it is “considering it carefully before responding” and “respects the independence of the ICJ.”

    Original article republished from Middle East Monitor under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.. Published on July 31, 2024, the article is still relevant.

    UK Labour Party Shadow Foreign Secretary repeatedly heckled at a speech to the Fabian Society over his and the Labour Party's support for and complicity in Israel's genocide of Gaza.
    UK Labour Party Shadow Foreign Secretary repeatedly heckled at a speech to the Fabian Society over his and the Labour Party’s support for and complicity in Israel’s genocide of Gaza.
  • Labour Versus International Law

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    https://tribunemag.co.uk/2024/07/labour-versus-international-law

    ‘Progressive Realism’ Foreign Secretary David Lammy and Benjamin Netanyahu.

    …

    Regarding the ICC, the case presented by the previous government effectively argued that no international court had the authority to hold Israel to account for its actions in Gaza, no matter how barbaric, as any right to prosecute Israelis had been surrendered by Palestinians during the Oslo negotiations. This very argument has now been directly addressed and demolished by the ICJ, which held that such agreements — between occupied and occupier — cannot deprive people of their rights under international law. Similarly, the ICJ judgment adds extra weight to the demand for an arms sale ban. Following the ICJ’s injunction that states must not aid and abet Israel’s illegal occupation, it is impossible to see how the government can continue to trade arms with Israel. This now sits alongside the responsibility to prevent genocide that flows from the ICJ ruling in January. The same holds with any form of trade that supports these illegal acts. In its judgement, the ICJ also rejected the argument so often used by those who are opposed to pressing Israel to end its occupation — its supposed need for security guarantees — by making clear that security needs cannot justify the acquisition and annexation of territory by force.

    Israel is already making clear that it will ignore the judgment just as it ignored the ruling in January and the previous ICJ judgement in 2004 ruling the separation wall to be illegal. It is relying on the standard claim that those calling its occupation illegal and charging it with the crime of genocide and apartheid are liars motivated by antisemitism. It must now convince the world that this argument holds against the ICJ and ICC as well as Amnesty International, Human Rights Watch, and the dozens of states who made submissions to the courts. To give any credence to such claims is quite simply not ‘realism’, neither progressive nor any other kind.

    The past few months have shown just what the consequences of not holding Israel to account are. At least 40,000 killed in Gaza, the population there on the brink of famine, and as Unicef reported this week, a Palestinian child in the West Bank killed every two days since October. Continuing on such a path, as seems to be the intention of the Labour government, means abandoning any framework of international law. The clarity of the ICJ’s recent rulings makes the test for Lammy’s ‘progressive realism’ very simple — either you stand against occupation, annexation, genocide and apartheid, or you are complicit with it.

    https://tribunemag.co.uk/2024/07/labour-versus-international-law