Renowned experts sign a letter to the International Court of Justice on genocide lawsuit against Israel

The International Court of Justice (ICJ) will hear South Africa’s request for emergency measures on the same day, asking the court to order Israel to halt its military actions in Gaza and desist from what South Africa says are genocidal acts committed against Palestinians. Has been asked for. War with Hamas in Gaza, in The Hague, Netherlands, January 11, 2024. Reuters/Thilo Schmuelgen/File

legalized by the principle of amicus curiae (Friends of the Court), the signers first maintain International Criminal Court He South Africa’s allegations against the State of Israel must be rejected,

one of the signatories, Dr. Barbara PruskyA renowned lawyer and university professor, maintains that There is no standard legal basis for arguing, let alone factual support in evidence, that Israel is committing genocide in its war against Hamas in the Gaza Strip., Among the arguments given, he points out that Israel is using its right of self defenseat the time indicated by international law (it responded contemporaneously to the October 7 attack) and is using War measures are commensurate with the threat posed by Hamas, In relation to self-defense he argues: “The principle of preventive self-defense was specifically invoked to justify military actions that were not covered under international law under the prevailing understanding of self-defense in both the theory and international practice. Were.” Given the general prohibition of the threat or use of force in the system of collective security established by international law and the United Nations Charter, self-defense under Article 51 of the Charter is presented as the only exception to that prohibition. It enables individual states to use force alone against other states, Israeli sovereignty has been illegally attacked, Israeli civilians have been attacked inhumanely Israel fulfills fundamental obligations From all this.

Pro-Israel protesters gather near the International Court of Justice (ICJ) as judges hear South Africa’s request for emergency measures ordering Israel to halt its military actions in Gaza, in The Hague, Netherlands January 12, 2024 Reuters/Thilo Schmuelgen/ File

One of the signatories, author of several books on the Israeli–Palestinian conflict, Hernan Vergifkarlet me explain infobae That “We live in an upside-down world. Hamas consistently and knowingly violates the laws of war and it is Hamas that should be prosecuted for attempted genocide. When a combatant disguises himself as a civilian instead of dressing as a soldier, when he deliberately uses civilians as human shields, when he uses civilian buildings (such as hospitals) to conduct war-like operations. and fires with the aim of killing enemy civilians. All these events show Violations of human rights and laws of war,

Prusky He pointed out that the abuses that South Africa was committing and the misuse of the term and the accusation of genocide “should inspire all good people to defend the precedents of international rights.” What are we going to do when someone actually commits genocide if we accuse someone of war as a legitimate defense of such a violation?

classifier It said those commentators who defended the South African-led and state-backed allegations, generally spokespeople for non-democratic or post-modernist governments, “did not hesitate to do so, not very successfully”. Legal juggling such as justifying South Africa’s accusation based on alleged cuts in the flow of water to Palestinians or gasolineWhich is wrong and reflects not only a lack of legal judgment but also a profound ignorance of what is happening on the ground.

The document has been submitted International Criminal Court A text written in English (and Spanish) with the hope that the voices of these Argentines will influence decision-making.

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