The West Will Stand in the Dock Alongside Israel at the Genocide Court

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by Jonathan Cook, The Unz Review:

Israel’s allies aren’t just turning a blind eye to Gaza’s killing fields. They have cheered on the bloodshed, provided diplomatic cover and supplied the arms

Israel is urging western states to rally to its side as the International Court of Justice prepares to hear this week South Africa’s case that Israel is committing genocide in Gaza.

The court is being asked by Pretoria to issue an immediate injunction ordering Israel to halt its military assault on the tiny enclave, to avoid further casualties.

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Some 23,000 Palestinians are known to have been killed by Israel so far, a majority of them women and children, and many thousands more are believed to be lying under the rubble. Tens of thousands are seriously wounded. A majority of the population have lost their homes to the three-month bombing campaign.

Israel has intensively and repeatedly targeted the supposedly “safe zones” to which it has ordered Palestinian civilians to flee.

It has destroyed almost all of Gaza’s infrastructure and is blocking most aid from reaching the enclave. Famine and disease are likely to rapidly increase the death toll.

South Africa’s 84-page brief argues that Israel’s bombing campaign and siege breaches the 1948 Genocide Convention, which defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

Israel expects support from western capitals because they have nearly as much to fear from a verdict against Israel as Israel itself. They have staunchly backed the killing spree, with the US and UK, in particular, sending weapons that are being used against the people of Gaza, making both potentially complicit.

According to a cable from the Israeli foreign ministry, leaked to the Axios website, Israel hopes that, given the difficulties of making a legal case in defence of its actions, diplomatic and political pressure on the court’s justices will win the day instead.

The Biden administration led the way late last week in dismissing South Africa’s detailed legal brief as “meritless, counterproductive and completely without any basis in fact whatsoever”.

That would sound patently ridiculous to western audiences had they been provided with serious coverage of Gaza. But Israel has been heavily restricting access to the enclave, while killing Palestinian journalists there at an unprecedented rate to stop their reporting.

In addition, western media are willingly – and secretly – submitting to an onerous Israeli censorship regime.

Incitement to genocide

Israel’s “strategic goal” at the court, according to the leaked cable, is to dissuade the judges from making a determination that it is committing genocide. But more pressing is Israel’s need to prevent the Hague court from ordering an interim halt to the attack.

Israeli officials will argue, Axios reports, that its sustained assault on Gaza fails to reach the threshold of genocide, which requires “creating conditions that don’t allow the survival of the population, together with the intent to annihilate it”.

Israel will try to convince the judges that it has been seeking to increase humanitarian aid to Gaza and minimise the toll on civilians.

Its argument flies in the face of the evidence South Africa has amassed.

Its brief contains nine pages of declarations by Israeli leaders showing clear genocidal intent, including statements from Prime Minister Benjamin Netanyahu, senior figures in the cabinet, President Isaac Herzog and many serving and former Israeli military commanders.

Giora Eiland, an adviser to war council minister, Benny Gantz, has called Israel’s goal the creation of “conditions where life in Gaza becomes unsustainable”. An Israeli military spokesman stated from the outset that the aim was to inflict “maximum damage” on Gaza.

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