ZIONIST ORGANIZATION OF AMERICA NEWS RELEASE ZOA Condemns ICJ’s Unjust, Unwarranted, Dangerous “Provisional Orders” Decision Against Israel The ICJ Should Have Dismissed South Africa’s Absurd Genocide Case Against Israel Zionist Organization of America (ZOA) President Morton A. Klein and ZOA Director of Research and Special Projects Liz Berney, Esq. released the following statement: On the eve of Holocaust Remembrance Day, the United Nations’ so-called International Court of Justice (ICJ) perverted the purpose of the Genocide Convention of 1946 by issuing six unwarranted, unjust, unnecessary “provisional orders” against Israel – the victim of Hamas and Gazan “civilians” genocidal October 7th attack. Former Israeli Supreme Court Justice Aharon Barak, who served as an “ad hoc Judge” in this ICJ case, appropriately wrote in his partial dissenting opinion that the ICJ case brought against Israel “wrongly sought to impute the crime of Cain to Abel.” Ugandan ICJ Judge Julia Sebutinde (in defiance of Uganda’s bigoted anti-Israel position) also correctly wrote in her dissenting opinion that the case against Israel did not belong in court; that there was no demonstration that Israel had genocidal intent, and no demonstration that the genocide claims against Israel were plausible. Accordingly, Judge Sebutide concluded that “the provisional measures [in the ICJ Court] Order are not warranted.” Judge Sebutide’s conclusion should have been the conclusion of the entire court. No provisional orders should have been issued. The ICJ should have dismissed the entire absurd “genocide” case brought against Israel by hypocritical severe human-rights violator South Africa[1] on behalf of Gazan Palestinian Arabs. The ICJ’s “provisional orders” potentially interfere with Israel’s right to protect her citizens from the evil genocidal terror organizations and accompanying Palestinian “civilians” who perpetrated mass atrocities against innocent Israelis on October 7th and who openly swear to repeat October 7th again and again until Israel is annihilated. Thus, instead of preventing genocide, the ICJ’s provisional orders could help Hamas, Palestinian Islamic Jihad (PIJ) and other Palestinian terrorists and their “civilian” collaborators get away with committing genocide against the Jewish people. The ICJ’s majority decision is wrong and dangerous for numerous reasons: 1. The Genocide Convention Is Inapplicable to Israel’s Military Operations in Gaza. Thus It Was Wrong to Issue “Provisional Orders” in South Africa’s “Genocide Convention” Case Against Israel: Israel’s legal team, and Judge Barak’s dissent explained that the proper framework for analyzing Israel’s military operations in Gaza is International Humanitarian Law (IHL) concepts – not the Genocide Convention employed by South Africa and the ICJ. Wartime civilian losses are not genocide. Especially when, as here, the purpose of Israel’s military operations is to destroy genocidal terror organizations Hamas and PIJ, prevent further atrocities against Israeli civilians and recover innocent Israeli hostages. Judge Barak related in his dissent: “The drafters of the Genocide Convention clarified in their discussions that ‘[t]he infliction of losses, even heavy losses, on the civilian population in the course of operations of war, does not as a rule constitute genocide. In modern war belligerents normally destroy factories, means of communication, public buildings, etc. and the civilian population inevitably suffers more or less severe losses. It would of course be desirable to limit such losses. Various measures might be taken to achieve this end, but this question belongs to the field of the regulation of the conditions of war and not to that of genocide.’” This is only common sense. It is impossible to fight a terror group that hides among civilians without some civilian casualties. It is likely impossible to rescue hostages held by Gazan Palestinians without causing some casualties to the Palestinians holding them. Subjecting a human rights-loving country such as Israel to an ICJ genocide case undermines Israel’s right to defend her people from genocidal terrorists.   CONTINUE READING   DONATE     Share This Email Share This Email Copyright © Zionist Organization of America 2024, All rights reserved. Zionist Organization of America | 633 Third Ave, 31 B, New York, NY 10017 Unsubscribe [email protected] Update Profile | Constant Contact Data Notice Sent by [email protected]