Comment by nashashmi
1 year ago
Is ICJ even able to order a ceasefire? ICJ did not recognize the activities of Israel as the right to self defense. ICJ would have recognized the activities of rebel force against the genocide as the right to self defense, but I don't think that is a question that came up.
Yes, the ICJ can order a ceasefire. It ordered Russia to stop its invasion of Ukraine, for example. In this case it decided not to, but it did order other measures (which hopefully will save lives, but time will tell).
There is some nuance there because russia's justification for the war was that ukraine is comitting genocide. It is less clear that the icj can order it for a war of self-defense.
The argument goes that the ICJ derives its authority from the UN charter, where article 51 states "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security..."
So just because icj can tell someone to knock it off if they (falsely) claim the reason for the war is to prevent genocide, it is unclear they can do so when the reason is self-defense after an attack
[IANAL dont know how accurate this is]
> So just because icj can tell someone to knock it off if they (falsely) claim the reason for the war is to prevent genocide, it is unclear they can do so when the reason is self-defense after an attack
In this matter, they are the judge of whether the actions are self defense, and they are the judge of whether the actions are genocidal. Otherwise, even the most monstrous and illegal acts could be excused by unilaterally declaring "self defense!". Russia, for example, also claimed all their actions were "self-defense", and continues to do so, to this day.
The similarities don't end there: Much like russia claims Ukraine isn't a real country, and should be demilitarized, and Ukrainians should be controlled by Russia; Israel claims Palestine isn't a real country, and should be demilitarized, and Palestinians should be controlled by Israel. Both Israel and russia attack civilian buildings full of civilians (!), and justify it by unconvincingly claiming there was a military target somewhere around there, plotting to harm them. russia usually doesn't level the entire block like Israel does, but not for want of trying. All in the name of "self-defense".
russia: goal is removing the government of Ukrainians by force and dominating Ukrainians. Israel: goal is removing the government of Palestinians by force and dominating Palestinians. russia: 'we must deprogram Ukrainians to remove their extremist, anti-russian feelings and get them to accept our domination of them'. Israel: 'we must deprogram Palestinians to remove their extremist, anti-Israel feelings and get them to accept our domination of them'. That last bit of abuser gaslighting is particularly gross and scary to me. All in the name of "self-defense".
With that in mind, the reasons claimed by each side for each action may inform the judges, who then judge what the actual reasons are, and rule accordingly. Indeed, Israel sought to have the case dismissed, claiming a jurisdictional issue like the one you suggested. The judges heard the arguments and evidence for and against such a claim, and judged that they had jurisdiction under the law.
Israel's participation in these proceedings, in front of the judges who judge such matters, on both jurisdiction and merit, seems to only further legitimize the judges and their judgement on such matters. Could Israel be cynical enough to join russia in doing an about-face on their recognition of the judges' legitimacy, simply for being ruled against?
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