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Interpretations of International Court of Justice’s ruling varied
The interpretations of the ICJ’s ruling from the Algerian ambassador and US ambassador are very different from others I’ve spoken to on the Security Council.
For example, I spoke to the Chinese ambassador at the start of the meeting. He said that when you look at the rulings that were made by the ICJ, for any of those to actually make sense, to be properly imposed, then you need a ceasefire.
The US ambassador was very clear; she said the court did not order an immediate ceasefire and she said the court did not say that Israel violated the genocide convention. I was there on Friday; what the court did say is that South Africa’s claim that actions had been taken by Israel that could be actions to lead to genocide were plausible.
So, a very different legal reading read out there by the US ambassador than many other legal scholars would have, of what happened on Friday at The Hague.
That's all you need, enough political pressure to water down the language to leave it open for (mis)interpretation. No such thing happened with Russia's invasion of Ukraine with far less evidence at the time. (and less than 3 weeks into the current war) You can only make suggestions to Israel, can't say anything definitive.
US ambassador to the UN says ICJ ruling ‘reaffirms’ US stance on Gaza
Linda Thomas-Greenfield said on Wednesday that the ICJ ruling is consistent with the US approach to Gaza, and that conditions for a ceasefire “do not exist”. Thomas-Greenfield also says that the US is working to facilitate the delivery of more aid into Gaza, sidestepping reports that Israel has consistently blocked UN aid delivery efforts.
“Some members have argued that the provisional measures ordered by the ICJ are a reason to change course. But in many ways, the court’s measures reaffirmed the framework that we put in place,” she said, adding that the measures are “consistent with the United States view that Israel has the right to take action in accordance with international humanitarian law”.
UN relief chief: Aid to Gaza continues to be blocked
Martin Griffiths has finished his briefing to the Security Council. Here are some final points he made:
- There are seriously injured or sick patients unable to receive cures in Gaza for whom medical evacuations should be swiftly facilitated.
- We know this is a matter of daily negotiations in the COGAT group, which meets daily to discuss all the matters of logistics and plans of the humanitarian operation.
- These evacuations are in line with international humanitarian law, which in certain circumstances encourages arrangements for the evacuation of the wounded and sick, persons with disabilities, older children and pregnant women.
- I also want to emphasise that any persons displaced from Gaza must be given the right to voluntarily return as international law demands.
- The ability of the humanitarian community to reach the people of Gaza with relief remains grossly inadequate, and to say it is grossly inadequate is grossly inadequate. It’s much much more difficult than that.
- We continue to face the issue of the rejection for entry of much-needed items into Gaza by Israel for reasons which, at least for us, are unclear and inconsistent.
Ceasefire needed for ICJ ruling to be implemented: Mansour
In an address to the UN Security Council, Palestinian envoy Riyad Mansour says that for the court’s “provisional measures to be implemented, there must be a ceasefire in Gaza. Last week, the International Court of Justice ordered Israel to implement measures to prevent genocide as it carries out its war on Gaza.
“Although, the burden is on Israel to implement the six provisional measures, but you are not assuming your responsibility in adopting a resolution to call for a ceasefire, to allow the work and provisional measures ordered by the court to be implemented,” Masour said. “When are you going to act accordingly if you are really serious about respecting your obligations of honouring the ruling of the court? That requires a ceasefire so that Israel can implement it – regardless whether it can or not,” he continued.
“From day one we have said, that this can only be accomplished with a ceasefire and we keep repeating [this].”
South Africa’s top diplomat wants UN to assume greater role after rulings similar to ICJ
South Africa’s Foreign Minister Naledi Pandor says that South Africa has done everything it can and now it is up to the global community to play its part, to hold Israel accountable. She also said the United Nations should not just monitor the rulings from places like the ICJ, but enforce them – there should be a greater implementation role rather than the peacekeeping.
South Africa has also approached the International Criminal Court to hold Israeli individuals accountable. [Pandor] said she is concerned by the slow progress, but they are pushing the ICC to do more regarding the prosecutions.
The UN first needs to be reformed. It's a political tool, corrupted at the top. There are tons of people doing great work for the UN, yet the decision making process is deeply flawed.
