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girlactionfigure · 4 months

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Ok, you want to know from a lawyer why the allegation that Israel is committing genocide is false?

Fine.

I prefer to focus on the absurdity of the allegation, especially since it is Hamas that expressly seeks Jewish & Israeli genocide; but it's clear people want this analysis.

Genocide is defined by the 1948 UN Convention on Prevention & Punishment of the Crime of Genocide as: (1) the coordinated; (2) planned; and (3) intentional destruction, in whole or in part, of a national, ethnical, racial or religious group.

Let's set aside for a minute the fact that the the #UN Convention regarding #genocide was adopted because of what the #Nazis had done to the #Jewsthereby making its invocation here not only absurdly false, but also unforgivably offensive.

That outrageousness aside, we can analyze the elements of the crime of genocide under the present situation in #Gaza.

The requisite mens rea to find a government guilty of genocide is the intent to destroy, in whole or in part, a particular group of people.

This intent to commit genocide doesn't magically come into being just because people want to believe it exists. There must be actual proof of criminal intent to destroy a particular group of people.

#SouthAfrica cannot possibly carry its burden of showing Israel "intended or intends to commit genocide"; thus, the allegation fails.

Just some of the obvious reasons intent to commit genocide could not possibly be shown follow:

- 10/7 & Hamas' words since 10/7 have proven the #terror group would, if it could, continue carrying out massacres until it killed every #Israeli & potentially every #Jew on Earth. Israel, like every other UN member state, has the inherent right to self-defense under Article 51 of the UN Charter. In this case, Israel's right to self-defense continues until it has done everything "necessary" to to ensure #Hamas can never attack Israeli civilians again because of: (1) the genocidal brutality of the #October7Massacre; (2) Hamas' 35+ years of genocidal warfare against Israel & Jews; & (3) Hamas' express & repeated commitment to repeat massacres like 10/7 "again and again." Therefore, Israel's right to self-defense includes both the right to eliminate the threat from Hamas to its civilians & to restore a sense of security to its civilians.

- The Hamas-run Gaza Health Ministry claims 22,000 #Palestinians have died. Even if that number was reliable (it is not), Hamas claims every one of the deaths was a civilian, not a #HamasTerrorist. That is obviously not the case. Israel claims to have killed ~9,000 Hamas terrorists. Even assuming the Hamas numbers were correct, that would mean about 1.45 civilians have been killed for every 1 "combatant" (Hamas terrorist). As horrible as the loss of any civilian life is, it is simply a fact that civilians suffer disproportionately in war & what Israel has done in protecting civilian lives is unprecedented in the history of urban warfare. In fact, according to the UN statistics of global conflict, the average civilian to combatant killed ratio is 9 civilians killed for every 1 combatant killed. This ratio in and of itself makes the allegation of "genocide" a complete absurdity.

- Even assuming the "worst case scenario" numbers above of ~9,000 terrorists killed & ~13,000 civilians killed still does not take into account the cause of those civilian deaths. We know that somewhere between 20%-35% of all Hamas & #Palestinian #Islamic #Jihad missiles misfire & land in Gaza (like the one that landed at a Gaza hospital that Israel was wrongly accused of bombing). So, how many Gaza civilians were killed by misfired rockets from Palestinian terror groups? Suddenly, that already incredible ratio of civilians:combatants in the annals of warfare is improving even further.

- There are at least dozens of videos of Hamas #terrorists firing at #IDF troops while wearing civilian clothing (which is itself a #WarCrime) to blend in with the civilian population. So, how many Gaza "civilians" who were killed were actually just Hamas terrorists wearing #civilian clothing? That civilian:combatant ratio is improving once again.

- We know from video, reconnaissance, audio, interrogations, & eye-witness accounts (including from #Gazans themselves) that Hamas uses both voluntary & involuntary human shields to protect Hamas terrorists & their weapons (each time they do it, that is also a war crime). So, how many Gaza "civilians" who were killed were voluntarily acting as human shields for Hamas? And while Israel has made significant efforts to limit civilians casualties, those involuntary human shields who die are legally dead at the hands of Hamas. Wow, that civilian:combatant ratio is looking beyond amazing now!

- There is video, photo, interrogation, & eye-witness accounts that Hamas uses women & children under 18 in combat roles. Therefore, not every allegedly killed woman or child counts as a "civilian."

- What kind of genocidal army would do what Israel has been doing in engaging in massive warning campaigns before it attacks via hundreds of thousands of phone calls, text messages, leaflets, & via roof knocking? Gazans are actually given so much warning & time to evacuate that the extreme majority of "civilians" who remain in a targeted area are there either because they support Hamas or because they were forced to stay & act as human shields by Hamas. Essentially, not only is Israel obviously not conducting a genocide, it has completely eliminated their own advantage of surprise that would have helped Israel eradicate Hamas much quicker by providing warnings that reach both civilians & Hamas terrorists.

- A large percentage of Palestinian deaths in Gaza have been due to their combined use by Hamas as human shields & by Hamas' refusal to permit Gaza civilians to either to use Hamas tunnels as bomb shelters or to flee via safe corridors provided by the

@IDF

(what kind of genocidal army provides safe corridors for civilians even knowing some Hamas terrorists will manage to escape by blending in with the crowd???). In other words, it is Hamas that is by far the most responsible party for putting #Gazan #civilians in harm's way; and the mere fact that civilians have died is in no way indicative of any deliberate intent on the part of Israel to kill Palestinian civilians - let alone intentionally "destroy" the population, as required to prove genocide.

- A country's intention to destroy a group in whole or in part is typically found in state policy (as it was with the Nazis & as it is with Hamas). However, no such policy in Israel has ever existed. Israel has made clear repeatedly (and its actions, with some examples stated above, show this is more than just words) that its goal is to "operate[] against Hamas & other terrorist groups in Gaza, not against the civilian population ... Israel wishes no harm to civilians & is committed to addressing the humanitarian needs of those suffering ..."

- Simply, the loss of lives in Gaza are reasonably explained by & attributable to Israel's necessary self-defense military goal of eradicating Hamas' ability to make war. The loss of lives in Gaza are not, however, reasonably explained by some claimed genocide on the part of Israel, as there is no actual evidence to support a finding of the type of criminal intent required to prove genocide.

- Israel is a straight-up parliamentary #democracy; thus, it has voices in the Knesset that can be extreme. Those voices, however, are not mainstream; and, more importantly, those voices are not the ones who are responsible for prosecuting the war against Hamas. Therefore, their words (indelicate as they may have been) are irrelevant to a finding of genocide on the part of the government of Israel. The Israeli war cabinet in charge of prosecuting the war to eradicate Hamas consists of only five people: PM Benjamin Netanyahu, Defense Minister Yoav Gallant, unity coalition member, former Deputy PM, & Minister of Defense Benny Gantz, former military Chief of Staff Gadi Eisenkot, & Minister of Strategic Affairs Ron Dermer. Attempting to attribute the words of anyone else, especially in the very fringes of Israel's eclectic democratic government, to try to show proof of government intent to commit genocide fails as a matter of both fact & law. Any comments by the five members of the war cabinet at which any dishonest person may wish to point to try to prove "intent to commit genocide," in reality can only be reasonably interpreted as statements referring to the destruction of the Hamas terrorist regime.

So, what is the takeaway?

It is South Africa's burden to show Israel had/has the intent to carry out a "genocide" of the Palestinian people in Gaza. For the foregoing reasons (among many others - but this is long enough for X), South Africa cannot possibly prove intent to commit genocide.

South Africa's allegations are defamatory & are an attempt to hold the world's only Jewish State to a different standard than every other state in the history of humankind; and, perhaps worse, to try to turn the victims of a genocide into the alleged committers of a genocide.

Were the #ICJ to find intent to commit "genocide" here, then no country on Earth would be permitted to act in self-defense in the event it is attacked - no matter how horrible the attack - if any civilians may be killed in the process.

If that were the case, Hamas & other terrorist organizations would be given carte blanche to attack countries with impunity & then simply hide behind civilians to suddenly become entirely immune from justice. That obviously can never be the law.

Captain Allen

#Education #Israel #Palestine

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eretzyisrael · 7 months

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by John Spencer

Hamas forces indisputably violated multiple laws of war on October 7 in taking Israelis hostage and raping, torturing and directly targeting civilians, as well continuing to attack Israeli population centers with rockets. Years of intelligence assessments and media reports have shown that Hamas also commits war crimes by using human shields for its weapons and command centers and by purposely putting military capabilities in protected sites like hospitals, mosques and schools.

On the other hand, nothing I have seen shows that the Israel Defense Forces are not following the laws of wars in Gaza, particularly when the charges that the IDF is committing war crimes so often come too quickly for there to have been an examination of the factors that determine whether an attack, and the resulting civilian casualties, are lawful. The factors that need to be assessed are the major dimensions of the most commonly agreed to international humanitarian law principles: military necessity, proportionality, distinction, humanity and honor.

President Joe Biden and multiple European countries, including the UK, Germany and France, are supporting Israel’s self-defense even as they express concerns over the humanitarian situation in Gaza. Though Gaza’s legal status is unresolved under international law, Israel needs no permission to enter the territory and resort to using force in order to wage defensive operations because Israel’s right to immediate and unilateral self-defense in accordance with Article 51 of the UN Charter is universally recognized.

Israel has pledged to obey international law, and one of its cornerstones is proportionality. The concept is often misunderstood to allow only for equal numbers of civilian casualties on both sides, with any lopsided numbers considered disproportionate. But proportionality is actually a requirement to take into account how much civilian harm is anticipated in comparison to the expected concrete and direct military advantage, according to UN protocols. In other words, a high civilian death count in Jabalya could potentially be considered legal under international law so long as the military objective is of high value. The Israel Defense Forces said the intended target in this case was the senior Hamas commander who oversaw all military operations in the northern Gaza; neutralizing him is an objective that most likely clears the proportional bar. Furthermore, Israel pointed out that the loss of life was compounded because Hamas had built tunnels that weakened the targeted structure that then collapsed in the strike.

The attack also passes muster on the level of “military necessity,” the principle that the action was necessary to pursue an allowed military goal (killing enemy troops), rather than an illegal goal (causing civilians to suffer). The IDF has said that its aim is to remove the rockets, ammunitions depot, power and transportation systems Hamas has embedded within their civilian population. So far, a number of military experts have assessed that Israel appears to be trying to follow the law of armed conflict in its Gaza campaign.

#hamas #gaza #laws of war #israel #military necessity

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starlightshadowsworld · 4 months

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11.01.2024 The International Court of Justice says Israel's argument of "self defence" is not relevant to this case.

[Video transcript:

I should address the question of self defence. In its advisory in the war case, the court noted that the threat that Israel argued justified the construction of the war.

Was not imputable to a foreign state but ementated from the territory.

The occupied Palestinian territory, over which Israel itself exercises control.

For those reasons the court decided as a matter of international law, the right to self defence under Article 51 of the Charter. The UN Charter, had no relevance in such circumstances.

20 days ago the Security Council affirmed yet again that Gaza is occupied territory. Though Israel refers to a complete withdrawal from Gaza, it had retained control over Gaza.

Over access by land, sea and air and over key governmental functions and supplies of water and electricity.

The tightness of its grip may have varied but no one can doubt the continuous reality of Israel's grip on Gaza.

The Courts legal holding of 2004 holds good and a similar point is to be made here. What Israel is doing in Gaza, it is doing in terrority under its own control.

It's actions are enforcing it's occupation. The law on self defence under Article 51 of the UN Charter had no application.]

#free palestine #free gaza #anti israel #anti zionisim #icj hearing #icj #international court of justice #south africa #palestine #Gaza

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because--palestine · 1 month

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youtube

Iran had legal right to counter-attack Israel in self-defense

Israel attacked Iran's embassy in Syria on April 1, in a blatant act of war. Iran had a legal right to respond in self-defense, according to article 51 of the UN Charter, which is exactly what it did by launching missiles and drone strikes on April 13. But Western governments are absurdly portraying Tehran as the aggressor.

#palestine #free palestine #gaza #iran #self defense #retaliation #international law #war on truth #western propaganda #genocide #fuck israel #resistance #armed resistance

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mlmxreader · 1 month

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for those confused, article 51 of the UN charter 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. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”

basically: sovereign nations have the RIGHT to self defence if they are outright attacked.

Israel intentionally attacked the Iranian diplomatic premises in Damascus, Syria, on the 1st of April 2024. Iran's retaliation IS self defence and IS in compliance with the UN; anyone who says otherwise has not read the above statement and does not understand the meaning of "self defence".

below the cut, I have added the same sources I've linked in the text in case anybody finds it difficult to click the words themselves.

https://www.reuters.com/world/middle-east/israel-bombs-iran-embassy-syria-iranian-commanders-among-dead-2024-04-01/

#iran #israel is an apartheid state #israel is evil #israel is a terrorist state #international law #UN law #united nations #anti zionisim #anti zionist #iran has a right to defend itself

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yumemeng · 4 months

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"For those reasons, the court has decided that the right of self-defense...had no relevance in such circumstances...The lore on self-defense under article 51 of the UN charter has no application"

Transcript:

"I shall address the question of self-defense. In its advisory opinion in the Wall case, the court noted that the threat that Israel had argued justified the construction of the wall was not imputable to a foreign state, but emanated from territory, the occupied Palestinian territory, over which Israel exercises control. For those reasons, the court has decided that the right of self-defense under article 51 of the charter, the UN charter, had no relevance in such circumstances. 20 days ago, the Security Council affirmed yet again that Gaza is occupied territory.

Though Israel refers to a complete withdrawal from Gaza, it has retained control over Gaza; over access by land, sea, and air, and over key governmental functions and supplies of water and electricity. he tightens of its grip may have varied but no one can doubt the continuous reality of Israel's grip on Gaza ... What Israel is doing in Gaza, it is doing in territory under its own control. Its actions are enforcing its occupation. The lore on self-defense under article 51 of the UN charter has no application"

South Africa and Yemen are literally the only people doing something to stop this genocide.

#if you are silent now you would have been silent then #for those who like to think they would have been heroes opposing fascist regimes throughout history #no you would have not #palestine #free palestine #gaza #free gaza #from the river to the sea palestine will be free #end the genocide #south africa #international court of justice #yemen

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rivage-seulm · 7 months

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Thank God for Hamas: The Agent of God’s Revelation

Readings for the Thirtieth Sunday in Ordinary Time: Exodus 22: 20-26; Psalm 18, 2-4, 47, 51; 1 Thessalonians 1: 5c-10; Matthew 22: 34-40 Thank God for Hamas. Yes, thank God for Hamas. There, I said it. And thank God for the Judeo-Christian and Islamic traditions which enable discerning people of faith to see what Hamas is up to. Hamas is lifting the veil to help us see who’s responsible for…

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#Apartheid #Benjamin Netanyahu #Disinformaton #Exodus 22: 20-26 #Hamas #Israel #Joe Biden #Josef Goebbels #Judeo-Christian Tradition #October 7 2023 #Scott Ritter #U.S. Support of Israel #UN Charter #UN Charter: Article 51 #United States

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tomorrowusa · 11 months

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[P]ressuring Ukraine to accept an agreement against its will would have serious global consequences. Russia would conclude that aggressive warfare should remain in its geopolitical toolbox. After a few years have passed and it has regained its military strength, it might double down and assert new territorial claims in Europe and Eurasia as it continues to stir up conflicts in Africa and elsewhere.

Moreover, an unjust peace would fuel hatred, resentment, and revanchist tendencies in Ukrainian society, hampering reconstruction and reconciliation, while Russian society would once again be spared from having to engage in sorely needed self-reflection. At the same time, tensions in Europe and around the world would remain high, undercutting global economic development efforts as well as international cooperation on other crucial issues.

More broadly, Russian disregard for international law would cast serious doubt on the viability of the twenty-first-century rules-based international order. If a nuclear-armed permanent member of the UN Security Council can invade a sovereign country and unilaterally annex its territories, the existing order will have failed its biggest test.

– Pekka Haavisto, foreign minister of Finland from 2019 to 2023, writing at Project Syndicate. (archived)

The only reasonable lasting outcome of this conflict is for Russia's invasion to be a failure. Russia broke already existing treaties and agreements with its invasion. Only a mental defective believes that Russia would abide by any new "negotiated" agreement that leaves Russia in control of vast swatches of Ukraine.

One of the many agreements which Putin broke is the United Nations Charter. In his article Mr. Haavisto referenced Article 51 of the UN Charter.

Russia has used its veto at the Security Council to prevent any direct UN action against its aggression. So the "inherent right of individual or collective self-defence" of Ukraine with support of its allies continues – and should continue.

When a conflict is not settled justly and judiciously then the possibility of a subsequent conflict greatly increases. The mess at the end of World War I eventually led to World War II.

If you want long term peace and respect for international law, then support Ukraine in its just fight against an imperialist and genocidal neighbor.

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self-hating-zionist · 1 month

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BREAKING: OFFICIAL STATEMENT FROM IRANIAN PERMANENT MISSION TO UN REGARDING THE ATTACK FROM IRAN ON ISRAEL

“Iran’s invocation of Article 51 of the UN Charter occurred following a 13-day period marked by the Security Council’s inaction and silence, coupled with its failure to condemn the Israeli regime’s aggressions. Certain countries’ precipitous condemnation of Iran’s exercise of its legitimate right suggests a reversal of roles, equating the victim with the criminal.”

#iran

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donotlookaway · 7 months

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I saw an interesting video and I start searching for sources:

So this is the Article 51 that Israel and everyone else is citing to argue Israel's right to defend itself:

All right?

But then we have this one thing: Advisory opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.

And in its 139 paragraph you'll find this:

139. Under the terms of Article 51 of the Charter of the United Nations:

Article 51 of the Charter thus recognizes the existence of an inherent right of self-defence in the case of armed attack by one State against another State. However, Israel does not claim that the attacks against it are imputable to a foreign State.

The Court also notes that Israel exercises control in the Occupied Palestinian Territory and that, as Israel itself states, the threat which it regards as justifying the construction of the wall originates within, and not outside, that territory. The situation is thus different from that contemplated by Security Council resolutions 1368 (2001) and 1373 (2001), and therefore Israel could not in any event invoke those resolutions in support of its claim to be exercising a right of self-defence.

Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case." [X]

Of course the Israeli position is that it no longer occupies Gaza, as Israel does not exercise effective control or authority over any land or institutions inside the Gaza Strip (we know how they control it though), but they also don't recognize Palestine as an State!

BUT even more:

The UN says "Asked about the status of Gaza, the Spokesperson said that under resolutions adopted by both the Security Council and the General Assembly on the Middle East Peace Process, the Gaza Strip continues to be regarded as part of the occupied Palestinian Territory. He said the United Nations would accordingly continue to refer to the Gaza Strip as part of the occupied Palestinian Territory until such time as either the General Assembly or the Security Council take a different view." [X]

So the UN still classifies Gaza as Occupied Territory.

Therefore, that Article 51 they keep citing?... Is not applicable to Israel in this case. Israel has no right to defend itself from occupied forces under international law.

More relevant reading here Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.

#free palestine #palestine #gaza genocide #free gaza #israel war crimes #UN

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labbaik-ya-hussain-as · 6 months

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𝐀 𝐂𝐚𝐥𝐥 𝐟𝐨𝐫 𝐑𝐞𝐟𝐨𝐫𝐦: 𝐑𝐞𝐯𝐢𝐬𝐢𝐭𝐢𝐧𝐠 𝐭𝐡𝐞 𝐔𝐧𝐢𝐭𝐞𝐝 𝐍𝐚𝐭𝐢𝐨𝐧𝐬 𝐂𝐡𝐚𝐫𝐭𝐞𝐫 𝐟𝐨𝐫 𝐚 𝐌𝐨𝐫𝐞 𝐄𝐪𝐮𝐢𝐭𝐚𝐛𝐥𝐞 𝐖𝐨𝐫𝐥𝐝

The Secretary-General of the United Nations António Guterres, has, once again, issued a humanitarian plea for an absolute ceasefire to end the ongoing genocide in Gaza of unarmed civilians, mostly children, men and women.

I posit that the proposal should entail the President of the Security Council, currently José Javier de la Gasca Domez Dominguez, representing Ecuador, implementing Articles 39 through 51 of the United Nations Charter.

Further, after thorough reading of the entire Charter, a critical point emerges.

The United Nations comprises 193 members out of the 197 states it recognizes.

Yet, its Security Council consists of only 15 members, including 5 permanent members.

According to Article 27-3, decisions on behalf of the Security Council require an affirmative vote from nine members, or 60%, inclusive of the concurring votes of all 5 permanent members.

This structure necessitates reform.

In 1945, when the United Nations Charter was adopted, the global landscape was markedly different, with the gradual decline of the British Empire and the rise of the United States of North America as the economic and cultural epicenter.

However, from its inception, the Security Council has presented a glaring contradiction to the UN Charter.

This contradiction is more apparent today: the concept of a Security Council fundamentally contradicts the principles enshrined in the UN Charter.

To illustrate, let me cite from the Charter’s Preamble: "𝙒𝙀 𝙏𝙃𝙀 𝙋𝙀𝙊𝙋𝙇𝙀𝙎 𝙊𝙁 𝙏𝙃𝙀 𝙐𝙉𝙄𝙏𝙀𝘿 𝙉𝘼𝙏𝙄𝙊𝙉𝙎 𝘿𝙀𝙏𝙀𝙍𝙈𝙄𝙉𝙀𝘿 [...] 𝙩𝙤 𝙧𝙚𝙖𝙛𝙛𝙞𝙧𝙢 𝙛𝙖𝙞𝙩𝙝 𝙞𝙣 𝙛𝙪𝙣𝙙𝙖𝙢𝙚𝙣𝙩𝙖𝙡 𝙝𝙪𝙢𝙖𝙣 𝙧𝙞𝙜𝙝𝙩𝙨, 𝙞𝙣 𝙩𝙝𝙚 𝙙𝙞𝙜𝙣𝙞𝙩𝙮 𝙖𝙣𝙙 𝙬𝙤𝙧𝙩𝙝 𝙤𝙛 𝙩𝙝𝙚 𝙝𝙪𝙢𝙖𝙣 𝙥𝙚𝙧𝙨𝙤𝙣, 𝙞𝙣 𝙩𝙝𝙚 𝙚𝙦𝙪𝙖𝙡 𝙧𝙞𝙜𝙝𝙩𝙨 𝙤𝙛 𝙢𝙚𝙣 𝙖𝙣𝙙 𝙬𝙤𝙢𝙚𝙣 𝙖𝙣𝙙 𝙤𝙛 𝙣𝙖𝙩𝙞𝙤𝙣𝙨 𝙡𝙖𝙧𝙜𝙚 𝙖𝙣𝙙 𝙨𝙢𝙖𝙡𝙡 [...]."

Furthermore, Article 2, principle number 1, states, "𝙏𝙝𝙚 𝙊𝙧𝙜𝙖𝙣𝙞𝙯𝙖𝙩𝙞𝙤𝙣 𝙞𝙨 𝙗𝙖𝙨𝙚𝙙 𝙤𝙣 𝙩𝙝𝙚 𝙥𝙧𝙞𝙣𝙘𝙞𝙥𝙡𝙚 𝙤𝙛 𝙩𝙝𝙚 𝙨𝙤𝙫𝙚𝙧𝙚𝙞𝙜𝙣 𝙚𝙦𝙪𝙖𝙡𝙞𝙩𝙮 𝙤𝙛 𝙖𝙡𝙡 𝙞𝙩𝙨 𝙈𝙚𝙢𝙗𝙚𝙧𝙨."

The idea of permanent Security Council members or a Security Council itself implies that the interests of five nations outweigh those of the other 188.

For genuine international conflict resolution, a new paradigm is necessary: every nation must be represented equally and have equal voting rights.

The requirement for a 60% affirmative vote to make decisions on behalf of the General Assembly, ensuring the support of 116 nations, aligns more closely with the ideals of the 21st century, a time anticipated to be an era of enhanced mutual respect, understanding, and progress for all.

#mustshare #sharethis #must watch #pray for palestine #free palestine #i stand with palestine #end genocide #ceasefire #boycott israel #pray for gaza #united nations #dont stop talking about palestine #satanyahu #israel are the real terrorists #zionistterror

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