When Is a Ceasefire Order Not a Ceasefire Order?

 

On Jan. 26, 2024, the World Court ruled against Israel.  It determined that South Africa’s allegation that Israel is committing genocide in Gaza is plausible.  The Court then ordered Israel to take measures to ensure that it is not committing genocide while the Court considers the merits of the case. 

The Court ordered that Israel must take all measures within its power to prevent 

• the killing of Palestinians,
• causing bodily or mental harm to Palestinians, 
• deliberately inflicting on Palestinians conditions of life calculated to bring about its physical destruction in whole or in part, and 
• imposing measures intended to prevent births among Palestinians. 

Additionally, Israel must "ensure with immediate effect that its military not commit any of the acts" described in the order above, and it must "take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip."  

Press agencies around the world are asserting that the Court "stopped short of calling for a ceasefire."  This is a stunning misrepresentation of the Court’s ruling.  It's true that the Court made no use of the term “ceasefire” nor did it directly quote South Africa’s request that Israel “immediately suspend its military operations in and against Gaza,” but Israel cannot comply with the Court's orders and continue its military operations against Gaza.  

Israel has been ordered to immediately ensure that its military not kill, wound, or terrorize Palestinians.  The Court has specified no condition under which Israel may be excused from these requirements.  The Court has effectively -- in the first and second directives of its ruling -- ordered an immediate and unconditional ceasefire.  Despite this, Israel is continuing its war and continues to prevent urgently needed basic services and humanitarian assistance from reaching Palestinians in Gaza. 

Israel's response should be no surprise.  In advance of the Court proceedings, Israel’s Prime Minister Netanyahu announced that Israel would disregard any adverse ruling from the World Court, saying, “Nobody will stop us.”  If he is right, it will be because the Biden Administration will continue to provide military and diplomatic support for Israel’s war.  During an earlier press conference, Netanyahu thanked Biden for his support, saying the U.S. has provided an essential “diplomatic Iron Dome,” without which Israel could not carry on its war.  He also thanked the U.S. for “constantly sending us vital munitions” and for deploying two aircraft carriers, a submarine, and support vessels to the Eastern Mediterranean.  As long as Israel continues to receive U.S. support, Netanyahu is right: no one will stop them.

Netanyahu's remarks underscore Biden’s complicity in what is, according to the Court, plausibly genocide.  If Israel continues to kill, wound, and terrorize Palestinians or ignore other orders of the Court, further military support from the Biden Administration will make the U.S. a party to the violation of the Court's orders.  Moreover, if the Court ultimately rules that Israel is indeed committing genocide, the U.S. will be complicit in that crime and will be vulnerable to the legal and reputational consequences.

The U.S. can avoid this by immediately suspending military assistance to Israel.  It could then argue that while it supported Israel’s war when genocide was still in question, it withheld that support once the World Court ruled that Israel plausibly is engaged in genocide and enjoined Israel from killing any more Palestinians.  It's highly unlikely that Biden will follow this course, but a lot depends on what he does, particularly for the people in Gaza.

For the record, here is a summary of the key judgements made by the World Court.

• South Africa has standing to bring a complaint against Israel for genocide. 
• South Africa’s case that Israel is committing genocide is plausible. 
• Some of the provisional measures South Africa is asking the Court to order are relevant to Israel’s alleged genocide; however, the Court has the authority to order whatever provisional measures it deems appropriate.
• The threat to the purported rights of Palestinians in Gaza is urgent and capable of causing them irreparable harm.
• Conditions exist that justify ordering provisional measures to protect the purported rights of the Palestinians in Gaza. 
• The World Court orders that

(1) The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:

a.      killing members of the group;

b.      causing serious bodily or mental harm to members of the group;

c.      deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and

d.      imposing measures intended to prevent births within the group; (15-2)

(2)  The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above; (15-2)

(3)  The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip; (16-1)

(4)   The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip; (16-1)

(5) The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip; (15-2)

(6) The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order. (15-2)