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International Court of Justice Mandates: The Arc of the Moral Universe Bends Towards Justice

Jan. 31--When, today, the nation of Algeria calls upon the United Nations Security Council in New York to give “binding effect” to the just-released mandates of the International Court of Justice regarding the “plausible case” of genocide being committed by the Israeli military in Gaza, will the United States and Britain degrade the citizens of their respective nations, and the world, by their expected exercise of a veto? That would be, in effect, to veto the near-unanimous vote of the highest court in the world. Will the United States and Britain do that this time in the name of “defense of the rule of law?” 

 

Will the United States and Britain, as they and other nations did with the meticulously researched and detailed South Africa petition, decry as “without merit” the legal conclusions and mandates of the panel of judges from Russia, Slovakia, France, Morocco, Somalia, China, India, Jamaica, Lebanon, Japan, Germany, Australia, Brazil, South Africa—and the United States itself?  In addition to the souls of Palestine, the ghosts of the United Nations personnel who have already given their lives in this mad conflagration will be watching, as will the eyes of the world.

 

Now that the International Court of Justice has unequivocally established mandates upon the nation of Israel, a signatory on the 1948 Genocide Convention, with which that government is required to report on its actions in compliance within 30 days of the Jan. 26 ruling, it is clear to any reasonably sane person that that could only be done under the conditions of a permanent ceasefire. The shabby attempts by the Wall Street Journal, Jerusalem Post and other publications to say that no cease-fire was explicitly proposed by the court, suggests more about the now-rampant illiteracy of the 21st century press, than it does about what the content of the ruling clearly states. For example, this is clear if even only the first two of the 6 ICJ mandates’ provisions are considered:

“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; 

 

 “2.)The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above.” 

These measures can only be accomplished through the immediate cessation of conflict in Gaza. 

 

In addition, there is no longer any escaping the fact, that a significant portion of the elected representatives of the governments of the Trans-Atlantic nations and NATO have placed themselves on the record in supporting the practice of genocide, as that practice has now been identified by the ICJ. The Center for Constitutional Rights, in a November 3 letter warning the American Congress against voting for military aid to Israel, stated, “ Please take notice that should you vote in favor of that package, you risk facing criminal and civil liability for aiding and abetting genocide, war crimes and crimes against humanity under international law, and may face investigation and prosecution at the International Criminal Court, and in third-states under the principle of universal jurisdiction.” They also appended the following footnote: “Federal Criminal Law. Under 18 U.S.C. § 1091—which was enacted to comply with the United States’ obligation under the Genocide Convention—whoever commits, incites, attempts, or conspires genocide in or outside the United States, is eligible for punishment. See War Crimes Act, 18 U.S.C. § 2441 (a) and (b).” 

 

Yes, the United States Congress and other American individuals {can} be held accountable. This is, of course the job of the American people, as it will be the job of people in all of the countries throughout the world where governments seek to force compliance with genocide upon their populations, as happened only 80 years ago. The courageous stand of the late Nelson Mandela’s South Africa on behalf of humanity, and therefore of the Palestinians, must now be adopted by all of us, as we shame the Anglo-American Establishment, and its accomplices, into exposing themselves to the world. And while it is they who are the perpetrators of war and genocide, it is we who are the preventers of it—should be we choose to do so. No business as usual! Cease-fire now! Bring all Nuremberg Criminals to justice!  Remember as the late Dr. Martin Luther King, Jr. reminded us: “The arc of the moral universe is long, but it bends towards justice.”

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