We are avoiding the truths set out on Gaza by the International Court of Justice

Paul Heywood-Smith

 Our World gets worse and worse, reflected in inhumane, racist, behaviour. And what for us – Australians – is really bad is that we, as represented by our political leaders, and our media, are totally complicit in genocide.

We can start with the International Court of Justice (ICJ), and its advisory opinion of 19 July. Certain truths are recognized by that judgment. They are:

• Palestine is comprised of the West Bank including East Jerusalem, and Gaza, (the OPT)
• Israel is illegally occupying Palestine
• Israeli settlements in Palestine are illegal and must be dismantled
• The occupation is denying the right of Palestinians to self-determination
• Palestinians have the right to resist illegal occupation, and
• Israel has no right of self-defence against the people whose territory it is allegedly occupying.

None of the above can be challenged. And certain things follow. One is that in exercising its right to resist the illegal occupation, Palestinians are entitled, as a part of their right to self-determination, indeed to exist, to accept assistance offered by other countries, allies, which assistance may be in the form of arms. This is hardly unusual. By way of example, Israel chooses to accept assistance from its allies, viz. the United States, United Kingdom, Germany, Australia, etc. And take Ukraine – President Zelensky demands such assistance from all and sundry. When it comes to Palestine, however, it is the Iranian devil – always. Iran is always presented as some sort of monster, rather than a responsible member of the UN, paying heed to what the ICJ has advised.

How does all this fit with the recent operations by Israel in the West Bank? Israel says it is targeting ‘militants’, or in some instances, ‘terrorists’, in the West Bank. But hello! – if Palestinians have the right to resist an illegal occupation, they are certainly not terrorists, and whilst ‘militants’ is a more acceptable term, it would be better to use the accurate description – ‘freedom-fighters’.

But what right has Israel to be there in the first place? It has no right!

So we come back to the ICJ and its advisory opinion. How is it possible for the West to simply ignore it, as it is doing? The US carries on about a ‘rules based international order’, and our Prime Minister and Foreign Secretary parrot the phrase. If the ICJ is not a prominent cog in that order, if not the most prominent cog, it is hard to know what it is.  How is it possible for our media to ignore it? Whenever our media comments upon Israeli conduct in the West Bank, it never – never – adds that Israel has no right to be there, that it only does so as an illegal occupier.

The ICJ called for the end of Israel’s occupation of the West Bank, East Jerusalem, and Gaza. It outlined Israel’s obligations to restitute Palestinian lands occupied in 1967, evacuation of all settlers from the OPT, and dismantling of settlements, whilst providing full reparation for any damage caused. The Court asserted the obligations of all States to work to bring an end to the occupation, to not recognize Israel’s illegal presence or actions in the OPT and, to abstain from any form of diplomatic relations, economic dealings, or trade dealing with Israel whilst it persists in the occupation.

What can be said to have been done in compliance? Israel of course does not recognize the judgment. It does not recognize Palestine’s right to exist. Netanyahu issued a statement in response to the Court ruling in which he claimed that one cannot be in occupation of one’s own homeland. As recently as 4 August Finance Minister Smotrich announced a military order to allocate 148 acres of land for a new settlement west of Bethlehem. This is but one of many actions recently taken to prevent the viability of a Palestinian state. But it gets worse. One Israeli group is now demanding Israeli civilian settlements in southern Lebanon, south of the Litani river. Israel is in complete denial.

So far as the US is concerned, next to nothing has been done in compliance. Indeed, US state and local governments continue to invest billions of dollars in Israel Bonds, an investment vehicle that directly supports the Israeli government. Tax deductible US dollars flow to settler organizations. Tankers of American jet fuel primarily used for military aircraft continue to be shipped to Israel from Texas. All that of course is in addition to all the arms shipped.  As for the possible future, we have Vice-President Harris, when asked what she would do re Gaza, emphasizing her “unwavering commitment to Israel’s defence and its ability to defend itself”. No change of policy was adverted to.

So far as the UK is concerned, we have almost next to nothing. There has been an assertion that some arms shipments have been ended. But on the other hand, the UK government has recently announced that it is seeking to strengthen trade ties with Israel.

Numerous other countries including Brazil and Italy persist in supplying Israel with crude oil. In addition, of course, much assistance is given by international companies. In the fossil-fuel category we have BP, Chevron, Exxon-Mobil, Shell and Total. Those companies have varied interests and operate through numerous countries. Denmark continues to export weapons to Israel.

So far as Australia is concerned, we have done next to nothing!

As for the rest of the world, we do have some positives. The Netherlands has an arms embargo in place. Turkey has put in place an economic sanction. Ireland and Norway have indicated an intention to comply with the ICJ ruling. Canada has imposed sanctions on the most prominent West Bank settlement organization, Amana, and other settlement movements. No doubt many non-Western countries are acting responsibly.

How do you as a responsible Australian feel about Australia’s response? What do you want to happen? Start by demanding that Australia end the delegitimisation of the ICJ. Then demand full and formal recognition of Palestine, with East Jerusalem as its capital. Then demand an end to business as usual, i.e. trade, with Israel.

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Paul Heywood-Smith

Paul Heywood-Smith is an Adelaide SC of some 20 years. He was the initial chairperson of the Australian Friends of Palestine Association, an incorporated association registered in South Australia in 2004. He is the author of The Case for Palestine, The Perspective of an Australian Observer published by Wakefield Press in 2014.

https://johnmenadue.com/we-are-avoiding-the-truths-set-out-on-gaza-by-the-international-court-of-justice/