Another ICJ warning shot

Plus, a podcast that requires nuance.

There’s been a lot happening in local and global news lately, but I don’t want anyone to miss this: the International Court of Justice (ICJ) made an advisory ruling that Israel’s occupation of the Gaza Strip, the West Bank and East Jerusalem is illegal. This is confirmation of what Palestinians have been saying for more than 50 years, and trying to defend themselves against.

The ICJ has ordered Israel to withdraw from these territories and return control to the Palestinians (the rightful owners) and includes specific directives that make this  a historic ruling:

  • The court declared Israel’s conduct a form of apartheid;

  • It ordered Israel to pay reparations;

  • Nations that aid Israel’s illegal occupation would be violating international law.

Let’s unpack what these mean. If you want, you can read the full advisory opinion here; this is also a decent explainer on Time

Israel is conducting apartheid

First, something we have explained before is now confirmed: the ICJ ruling classifies Israel’s treatment of Palestinians in these illegally occupied territories as a form of segregation and apartheid. Israel has physically segregated Palestinians by using road restrictions and permit systems to “[encircle] Palestinian communities into enclaves” and legally segregated them with “legislation and measures that have been applicable for decades treat Palestinians differently from settlers in a wide range of fields”.

Israel is committing apartheid, in breach of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Israel is breaking international law. 

While the ICJ had previously issued an advisory opinion in 2004 that the barrier wall in the West Bank wall (separating Arab and Jewish communities) was a violation of international law, it was limited in scope. That was just about the wall. This new ruling is significant because of its breadth – looking at Israel’s conduct as an illegal occupier in all three Palestinian territories.

Israel owes reparations to Palestinians

Not only does the ruling order Israel to immediately end its illegal occupation of Palestine, it says Israel is “under an obligation to provide full reparation for the damage caused by its internationally wrongful acts to all natural or legal persons concerned… The essential principle is that ‘reparation must, as far as possible, wipe out all the consequences of the illegal act and reestablish the situation which would, in all probability, have existed if that act had not been committed’.” 

This is a first. I think it goes without saying how significant it is.

Israel’s supporters would also violate international law

This is the aspect of the ruling I think (hope?) will have the most impact. Because as we know, ICJ rulings are not binding, and Israel will ignore this just like it has ignored every ally, international organisation and legal system that has told it to stop blowing up children in cold blood. It’s bombing schools now, FYI.

So, now that Israel’s occupation is found to be illegal, any nations that provide aid to that illegal occupation would also be breaking international laws. If you help commit the crime, you are an accomplice. 

Here’s the actual wording: “All States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory.”

Back in January the ICJ handed down the interim ruling in the separate genocide case against Israel, which made the same point: other nations are culpable in this. As I wrote at the time, that ruling would have made Israel’s allies – including Australia – very nervous. This new ruling is a second warning. What side of history do these governments want to be on? In the future the historical record will show who helped liberate Palestine and who did not. The news events we’re reading right are part of that history, this ruling included.

I believe this will shake up diplomatic conversations again. It’s a signal that the claim of genocide may be validated (eventually) by the ICJ, and no democratic nation wants to be classified as an accomplice to genocide. 

In the meantime the number of dead Palestinians is so high it’s becoming difficult to track. Our faux-progressive Prime Minister Anthony Albanese is insisting that “we are not participants in the conflict that is occurring in the Middle East”, while his government has tried to conceal the details of defence deals with Israel

I’m thinking about this latest ICJ ruling as a historical landmark. It gives us something specific to judge ours and our government's actions against, both now and in the future. It’s more leverage. And we should use all the leverage we can get.

– Crystal
Founder & Chief of Everything at Zee Feed
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Smart stuff on the Internet 💭

All the stuff I found on the web that made me think, smile, or have an ‘aha!’ moment. Spend your Sunday reading them – you'll be better off for it:

Why are we scared of raising boys? on The Dilemma podcast
For those also questioning whether or not to have children, journalist Gina Rushton’s podcast is a super intelligent, thoughtful exploration of the topic. This episode is my favourite so far – a brutally honest examination of the gender dynamics at play. As women, is it easier to raise a potential victim than a potential perpetrator? Listen with nuance pls!

‘A ball kicked into its inventor’s face’: Spain’s media hail Euro 2024 triumph on Guardian UK
“The Spanish team mixes a cocktail of footballers from different backgrounds and leagues that offer a snapshot of the world in our time: families that move from place to place, immigrants in search of a future with a little prosperity, exchanges of nationality on a spinning planet and ID cards that shouldn’t discriminate against anyone’s origin.”

Fear as a Game on The Believer
Why do we fight anxiety, but then in seek it out (and even pay for it!) in specific circumstances, like games and movies? “Might practicing fear be a good idea? It seems more useful than anxiety—if anxiety is just the brain burning energy it doesn’t really need, because you’re not currently starving, or trying to outrun a lion. I associate anxiety with stasis, with insomnia, lying supine in bed. Fear, on the contrary, is a vertical feeling. It’s activating. If I’m scared, I want to be moving.”

Also, I was on FBi Radio’s Backchat program explaining the conservative ‘Project 2025’ plan for the U.S. election – you can listen to that here.

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