The podcast discusses the ongoing Israel-Gaza War, the legal challenge posed by South Africa at the International Court of Justice, the recent court ruling on Israel's actions in Gaza, the unprecedented support from the Biden administration towards Israel, the implications of the ICJ ruling, and the actions needed to stop the genocide and address the ongoing suffering of Palestinians.
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Quick takeaways
South Africa has accused Israel of committing acts of genocide in Gaza and has taken the case to the International Court of Justice.
Israel's defense of self-defense and humanitarian necessity has been deemed insufficient by the court.
The ruling from the International Court of Justice may complicate the Biden administration's support for Israel and could lead to reassessment and pressure from other states.
Deep dives
Israel's war on Gaza and the devastating impact
Israel's war on Gaza has resulted in thousands of deaths, injuries, and the destruction of homes, schools, and vital infrastructure. The civilian population in Gaza remains extremely vulnerable, with limited access to basic necessities like food, water, and medical care. The World Health Organization estimates increased risks for childbirth complications and maternal and newborn deaths. This ongoing humanitarian crisis is a direct result of Israel's policy of collective punishment.
South Africa's case against Israel for genocide
South Africa has brought a case against Israel in the International Court of Justice, accusing it of committing acts of genocide in Gaza. South Africa argues that these acts of genocide fall within the provisions of the Genocide Convention, with evidence of killings, severe harm, destruction of homes, and prevention of births. They highlight the longer continuum of Israel's apartheid policies and settler colonialism as a context for understanding the genocidal acts. South Africa seeks provisional measures to halt the ongoing genocide and ensure humanitarian assistance for the affected population.
Israel's defense and the court's response
Israel has defended its actions by claiming self-defense and humanitarian necessity. However, their arguments have been challenged by South Africa and the court, which has found plausible grounds to believe that Israel is committing acts of genocide. Israel's claims of military necessity, collateral damage, and use of hospitals as military targets have been deemed insufficient and not reflective of the situation on the ground. The court has ordered Israel to cease committing acts of genocide, prevent and punish incitement to genocide, and provide humanitarian assistance to the affected population.
Implications for the Biden administration
The ruling from the International Court of Justice poses a significant challenge for the Biden administration, which has been supportive of Israel's actions in Gaza. The administration's endorsements and military aid to Israel during the war are now under scrutiny. The court's findings of plausible grounds for genocide and the obligations placed on Israel may complicate the Biden administration's stance and put pressure on them to reassess their support for Israel.
Third-party interventions and global implications
Other states, including South Africa, Bangladesh, and Jordan, have expressed their intention to intervene in the case against Israel. This reflects a broader global division, with Western countries like Germany supporting Israel and others, mainly from the global South, joining the case against Israel. The interventions from third-party governments will shape the narrative and implications of the case, potentially challenging the Western consensus and opening up debates around third-party responsibility and foreign policies towards Israel.
At least 26,000 people are now estimated to have been killed by Israel’s war on Gaza, although the real figure is believed to be even higher. The main legal challenge to Israel’s war has come from South Africa at the International Court of Justice. The court published its first response to the South African case on Friday, January 26th.
John Reynolds, professor of law at Maynooth University and author of Empire, Emergency, and International Law, joined Long Reads the day of the court response to discuss the case.
Long Reads is a Jacobin podcast looking in-depth at political topics and thinkers, both contemporary and historical, with the magazine’s longform writers. Hosted by features editor Daniel Finn. Produced by Conor Gillies, music by Knxwledge.
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