University of Florida historian Norman Goda discusses South Africa's genocide accusations against Israel at the International Court of Justice. He critiques the lack of evidence connecting inflammatory statements to actual policy. The podcast explores the complexities of proving genocide and analyzes biased reporting by the UN special rapporteur for Israel. It also delves into the International Court of Justice's interim ruling on the allegations and controversies surrounding a recent court decision on a ceasefire in Gaza.
The Genocide Convention emerged after World War II, leading to the establishment of the International Court of Justice and the International Criminal Court to address genocidal acts.
The South African submission alleging genocide by Israel lacks substance, credibility, and factual support, raising concerns about the politicization and credibility of the International Court of Justice.
Deep dives
The Origins of the Term Genocide
The term genocide was coined by Rafael Lemkin, who had experienced the loss of his family in the Holocaust. He hoped that it would be one of the charges against the major war criminals at Nuremberg, although it was not. The Genocide Convention emerged after World War II, leading to the establishment of the International Court of Justice and the International Criminal Court to address genocidal acts.
The Distinction Between International Criminal Court and International Court of Justice
The International Criminal Court focuses on trying individuals for violations of the laws of war, including war crimes, crimes against humanity, and genocide. The International Court of Justice, however, functions as a civil court where states can bring actions against each other. Disputes between states regarding the definition or occurrence of genocide are referred to the International Court of Justice.
Misuse of the Term Genocide
While the term 'genocide' is frequently used in popular and political contexts, its precise definition and legal implications are often misunderstood. It is a highly serious crime that requires specific intent to destroy a group in whole or in part. Other terms such as 'crimes against humanity' may be more applicable for cases without clear evidence of genocidal intent.
Questionable Evidence in the South African Case
The South African submission alleging genocide by Israel heavily relies on outdated reports, discredited findings, and statements taken out of context. The evidence presented lacks the required level of substance, credibility, and factual support necessary for a plausible case of genocide. The ruling of the International Court of Justice based on this weak evidence raises concerns about the politicization and credibility of the court.
University of Florida historian Norman Goda tells Quillette podcast host Jonathan Kay why he isn’t persuaded by South Africa’s claims against Israel at the International Court of Justice.