Has International Law Survived, or Has the Western Political Class Killed It?

By Craig Murray, January 28, 2024  

In finding there is a plausible case against Israel, the International Court of Justice treated with contempt the argument from Israel that the case should be dismissed as it is exercising its right of self-defence. This argument took up over half of Israel’s pleadings. Not only did the court find there is a plausible case of genocide, the court only mentioned self-defence once in its interim ruling – and that was merely to note that Israel had claimed it. Para 41:

That the ICJ has not affirmed Israel’s right to self-defence is perhaps the most important point in this interim order. It is the dog that did not bark. The argument which every western leader has been using is spurned by the ICJ.

Now the ICJ did not repeat that an occupying power has no right of self-defence. It did not need to. It simply ignored Israel’s specious assertion.

It could do that because what it went on to iterate went way beyond any plausible assertion of self-defence. What struck me most about the ICJ ruling was that the Order went into far more detail about the evidence of genocide than it needed to. Its description was stark.

Here Para 46 is crucial

The reason this is so crucial, is that the Court is not saying that South Africa asserts this. The Court is saying these are the facts. It is a finding of fact by the Court. I cannot emphasise too strongly the importance of that description by the court of the state of affairs in Gaza.

The Court then goes on to detail accounts by the United Nations of the factual situation, quoting three different senior officials at length, including Philippe Lazzarini, Commissioner General of UNRWA:

This of course explains why the immediate response to the ICJ ruling was a coordinated attack by Israel and the combined imperialist powers on UNRWA, designed to accelerate the genocide by stopping aid, to provide a propaganda counter-narrative to the ICJ judgment, and to reduce the credibility of UNRWA’s evidence before the court.

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Source: Craig Murray.

Image credits: Al Jazeera.