Written By:
Mike Smith - Date published:
8:49 pm, January 7th, 2024 - 57 comments
Categories: Christopher Luxon, gaza, israel, Joe Biden, Judith Collins, law, Palestine, Peace, Ukraine, winston peters, Zionism -
Tags:
South Africa has taken a case that Israel is committing genocide in Gaza to the International Court of Justice. A group of prominent New Zealand lawyers have asked the New Zealand Government to join South Africa in support of their application. I think we should.
South Africa’s application lists the following reasons:
…more gravely still, Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza. Those acts include killing them, causing them serious mental and bodily harm and deliberately inflicting on them conditions of life calculated to bring about their physical destruction as a group. Repeated statements by Israeli State representatives, including at the highest levels, by the Israeli President, Prime Minister, and Minister of Defence express genocidal intent. That intent is also properly to be inferred from the nature and conduct of Israel’s military operation in Gaza, having regard inter alia to Israel’s failure to provide or ensure essential food, water, medicine, fuel, shelter and other humanitarian assistance for the besieged and blockaded Palestinian people, which has pushed them to the brink of famine.
It is also clear from the nature, scope and extent of Israel’s military attacks on Gaza, which have involved the sustained bombardment over more than 11 weeks of one of the most densely populated places in the world, forcing the evacuation of 1.9 million people or 85% of the population of Gaza from their homes and herding them into ever smaller areas, without adequate shelter, in which they continue to be attacked, killed and harmed. Israel has now killed in excess of 21,110 named Palestinians,including over 7,729 children — with over 7,780 others missing, presumed dead under the rubble —and has injured over 55,243 other Palestinians, causing them severe bodily and mental harm. Israel has also laid waste to vast areas of Gaza, including entire neighbourhoods, and has damaged or destroyed in excess of 355,000 Palestinian homes, alongside extensive tracts of agricultural land, bakeries, schools,universities, businesses, places of worship, cemeteries, cultural and archaeological sites, municipal and court buildings, and critical infrastructure, including water and sanitation facilities and electricity networks, while pursuing a relentless assault on the Palestinian medical and healthcare system. Israel has reduced and is continuing to reduce Gaza to rubble, killing, harming and destroying its people, and creating conditions of life calculated to bring about their physical destruction as a group.
The New Zealand lawyers’ letter is addressed to Ministers Luxon, Peters, Collins and Goldsmith. It says inter alia:
We are writing to urge the New Zealand government to support South Africa’s request to the International Court of Justice for provisional measures regarding Israel’s genocidal actions in Gaza.South Africa’s comprehensive submissions set out compelling prima facie arguments that what is occurring in Gaza is capable of falling within the Genocide Convention, and why it is important that South Africa raises these arguments to uphold the integrity of the Convention. It has asked for the Court to make interim orders and the hearing is scheduled for 11 and 12 January 2024, where Israel will be opposing the arguments.We understand the diplomatic sensitivities involved in these proceedings. But New Zealand has a long history of supporting the work of the International Court of Justice: New Zealand called for its establishment, took a request for provisional measures successfully over nuclear testing in 1973, and until recently had a judge (Sir Kenneth Keith) on the Court. New Zealand must also ensure the Genocide Convention is not degraded by ongoing inaction in the face of what is occurring in Gaza. As you likely know, New Zealand intervened formally in Ukraine’s case against Russia at the International Court of Justice in 2022, in a case that also concerned the Genocide Convention, and intervened in the whaling case involving Australia and Japan in 2012.
…even though the South African application focuses on Israel, it has huge implications for the United States, especially President Biden and his principal lieutenants. Why? Because there is little doubt that the Biden administration is complicitous in Israel’s genocide, which is also a punishable act according to the Genocide Convention. Despite his admission that Israel is engaged in “indiscriminate bombing,” President Biden has also stated that “we’re not going to do a damn thing other than protect Israel. Not a single thing.”He has been true to his word, going so far as to bypass Congress twice to quickly get additional armaments to Israel. Leaving aside the legal implications of his behavior, Biden’s name – and America’s name – will be forever associated with what is likely to become one of the textbook cases of attempted genocide.
The server will be getting hardware changes this evening starting at 10pm NZDT.
The site will be off line for some hours.
It's clear to all and sundry, that Israel and its supporters see the Palestinians as subhuman vermin, fit only for extermination.
Which, if true, is ironic because only 80 years ago the Jews were regarded by some as subhuman vermin and were being herded into concentration camps. I guess they have said to themselves never again.
Doesnt give them the right to treat Palestinans the way they do.
Its actually disgusting that Jews and Israelis have this attitude towards the Palestinians. No different to the KKK's attitude to blacks.
"…that Jews and Israelis have this attitude towards the Palestinians."
????
The massive pro-Palestine protests all over the United States, Britain, Europe, Asia, indeed all over the world were to a significant degree organized and led by Jewish people. It was thousands of Jewish protestors that closed down Grand Central Station in New York City and the Capitol in Washington D.C.
Israel is a violent, racist, fascist ethno-state. Please don't link it with Jews.
Apologies.
Yes. Dehumanisation is part of the genocide playbook.
And Hamas is never called the government of Gaza. Hamas is only ever referred to as a terrorist organisation.
https://twitter.com/PeaceComCenter
Unfortunately, this government will be directed by the USA on which way to go and I very much doubt it will be to support South Africa's request to the ICJ!
Jacinda would have been 100 per cent behind the South Africa case.
The saintly Jacinda would not even fund Afghan witnesses to come to New Zealand for the Burnham Inquiry. She refused to offer asylum to Julian Assange.
What makes you think she would act with any kind of courage or integrity in this case?
@ Morrissey +1
JA felt no shame in working for known war criminal Tony Blair to further her career…."Ardern served in British Prime Minister Tony Blair's cabinet office for two and a half years"..so wouldn't be using her as any kind of political moral compass.
Mmm….good points Morrissey and Adrian. I forgot about her Blair connection and she had the opportunity to offer Assange asylum but didn't to my knowledge.
On this basis i'd like to withdraw my comment above.
Bearded Git @ 3.1
“Jacinda would have been 100 per cent behind the South Africa case.”
I am certain of that as well.
Against all evidence, you are "certain of that". Really, Jenny?
Hi Morrissey. Whatever you may think of Jacinda Ardern. I certain that if Jacinda Ardern was still in the hot-seat and still PM she would act on the advice of Damien O'Connor, and Helen Clark.
https://www.1news.co.nz/2023/12/08/senior-labour-mp-goes-against-party-policy-with-gaza-comments/
https://www.1news.co.nz/2023/12/08/israel-gaza-conflict-helen-clark-critical-of-winston-peters-call/
I think I have "really" good grounds to be, "certain of that"
Feel free to correct me, if you think I am wrong.
Dear me. You can't think much of Ardern's capability as a leader if you think that she would act on the 'advice' of an ex-PM and a trade minister.
My reply @ 3.1.2.1.1.2 (https://thestandard.org.nz/genocide-in-gaza/#comment-1983877) to Jenny is also meant for you.
This is an exercise in futility dealing in pseudo-retrospective hypotheticals (if-then) that serves only one purpose: silly point scoring. This contest is piss-poor to boot. Furthermore, it is irrelevant to the Post.
It’s got SFA to do with those three Labour politicians of which only one still is an MP in the Opposition.
As it stands, this sucks up precious oxygen and takes up bandwidth. Stick the contents of the Post and the here & now.
My reply @ 3.1.2.1.1.2 (https://thestandard.org.nz/genocide-in-gaza/#comment-1983877) to Jenny is also meant for you.
Here is a taste of a study looking at the BBC's bias favouring Israel during this genocide in Gaza….hope someone does the same study of RNZ…would be a pretty similar outcome no doubt….
Analysing the bias in BBC reporting on Palestine.
Word bank analysis
In reference to Israelis
In reference to Palestinians
I just listen to Al Jazeera now for Palestinian info. Radio NZ have also been hugely pro Israel.
Owen Jones says there is a word for this, "racism"
Another word for this, and just as ugly, "Complicity"
Adrian Thornton
8 January 2024 at 12:10 pm
"….hope someone does the same study of RNZ…would be a pretty similar outcome no doubt…."
Thanks for that Jenny, well as many of us who care to listen know, the Imperialist Liberal Class, are racist to their core (which RNZ news is a perfect example of), they often feebly try and cover this obvious racism with their excessive and at times over the top adherence to the liberal interpretation of 'woke' culture, which like most strands of their liberal (Centrist) ideology, when examined, prove to be largely nothing more that a string of vacuus, hollow words and phrases, that when push comes to shove, of course prove to be usually meaningless and have no weight.
Adrian Thornton raises a good point.
"….hope someone does the same study of RNZ…"
Could we do such a study?
What would it take?
We need to know for sure. – Is the RNZ news corporation racist?
Owen Jones mentions that an AI was used to audit the BBC's reporting output to conclusively prove that the British Broadcasting Corporation is, "overtly racist, objectively so".
I think we need to determine if this is the same for the RNZ.
Backed up with hard data, the honest, hard working, journalists and reporters of good will at RNZ will be in a strong position to make improvements.
I for one, don't buy into the conspiracy theorists' belief, that all journalists (and politicians for that matter), are corrupt and part of vast conspiracy to hide the truth, far from it.
I believe most journalists, (and politicians) are honest, which is why I always, if I can, include the names of the person whose name is attached to any report I am quoting or using as a source.
Armed with hard data the overwhelming majority of honest hard working journalists at RNZ, (if the data proves that the RNZ corporation is as Racist as the BBC), will be in a position to improve things, and if necessary to stand up and challenge their employer to put an end to racism in their workplace and in their broadcasts.
Meanwhile in this neck of the woods, Judith Collins, with her Minister of Defence hat on, is getting snicketty about shipping lines. Because, you know, business.
If anyone thought this regime had a heart, this should disabuse them. We choose to speak out in Maersk and Hapag LLoyd's business interests but struggle to utter a peep about the bloodshed in Gaza. Our silence speaks volumes.
https://www.rnz.co.nz/news/political/506093/judith-collins-says-standing-with-allies-against-red-sea-attacks-important
It's hilarious teally…the Houthis with a few popguns have massively disrupted world shipping in support of Palestine.
WTF were the USA thinking? They back genocide in Gaza and expect everyone to sit back and accept this. How on earth did they not see this coming?
Pulling yet more countries into a potential conflict. India (who had previously been pretty neutral in the conflict) now have their navy patrolling the Arabian/Red Sea and intercepting hijackers/pirates.
https://www.aljazeera.com/news/2024/1/5/india-navy-says-responding-to-liberian-flagged-vessel-hijack-in-arabian-sea
This is despite India rejecting the initial US offer to participate in a joint anti-piracy, shipping protection, patrol. So definitely not US puppets. But independently increasing their naval presence to safeguard their merchant shipping.
What do you think would happen if one or more of their destroyers is sunk by Iranian-supplied and armed Houthis?
Shipping is the transportation of trade goods – exports and imports of nation states. Increased costs either get passed on to consumers or impact on export returns.
The attack on shipping to and from Europe via the Suez, does not impact on the USA (UNSC veto and military supply to Israel). And given the exclusion of both Russian and Chinese shipping, it is more akin to pressure on those supporting Ukraine vs Russia.
John Minto in an op-ed piece published in the Post, draws our attention to the fact that New Zealand gave this country's top legal written judgement and also delivered an oral submission, in person in the ICJ courtroom in the Hague, laying out the views of the top legal minds of this country on the merits of the case in the hearing of Ukraine vs Russia.
Minto challenges the current government to repeat this act of international jurisprudence on the world stage, in the case currently before the World Court in the Hague – South Africa vs Israel.
Minto particularly points out the danger to this country if the International rules based order is undermined.
Whilst the US supports the Israeli government the latter will give the rest of the world the middle finger and the indiscriminate killing will continue.
Perhaps not for long Mike. At the moment Biden is like a possum caught in the headlights….but it will dawn on him one day that his legacy will be that he supported genocide….that may cause him to finally call for a ceasefire.
Israeli children sing "We will annihilate Gaza."
The heavenly children's choir starts about the 7:20 mark.
For balance…
…there are Palestinian children who want to grow up to be policemen so that they can 'shoot the Jews'. Deanik_k ✨ on X: "🚨Imagine teaching children to want kill Jews. Welcome to Palestinian TV. https://t.co/do3tVpIzid" / X (twitter.com)
"It’s basic and evil. Children are taught the same stuff at school, and here is an additional scandal. The schools are run by the United Nations. The agency for Palestinians, the U.N. Relief and Works Agency, has betrayed the international body’s purposes and now is a wholly owned subsidiary of Hamas, itself a subsidiary of the world’s deadliest terror state, Iran."
The UN teaches Palestinian children to murder Jews (msn.com)
Humans really are the worst of creatures at times.
Your idea of "balance" is as convincing as that thing you quote which states that the United Nations "teaches Palestinian children to murder Jews" and that Iran is "the world's deadliest terror state."
It's the sort of nonsense that was published in Germany from 1933 to 1945.
The evidence is out there, if you want to look for it.
Palestinian children are being systematically taught to hate Jewish Israelis and violently resist a Jewish presence in Israel, a comprehensive review of Palestinian school textbooks has found.
Comprehensive report reveals endemic hate education in Palestinian schools – The Jerusalem Post (jpost.com)
And settler children are not?
Basically if you want to be viewed as a fuckwit parrot squawking propaganda, you have succeeded. Have you ever considered the converse in understanding why the armed Israeli occupation troops seem to take such pleasure in attacking children with stones….
This took a single page search to find using “israeli settler children taught to hate palestinians”. As I am sure that you are aware the unlawful Israeli settlements on the West Bank are a hotbed of peaceful tolerant democrats 🙁 , look at how they teach their children.
1, 2, 3, 4, 5, 6,…
The evidence is out there – Israeli children are trained to be violent racists and intolerant religious bigots taught from an early age to be armed bullies…
Not to mention the inadequate and outright demeaning education that Israeli Arabs have been receiving from their government.
BTW: The Jerusalem Post has a fascinating read. It mirrors Likud and government propaganda so closely that they really must have their heads stuck all the way up into the top of the corrupt PM’s upper intestine. They virtually never mention any settler attacks and land-grabs on the West Bank, civilian casualties in Gaza, or the use of unguided dumb oversize bombs. It reads like a fantasy. Same with most of what I can read out of Israel.
The only english language media I have found worth reading (and paying a subscription to) is Haaretz. I may disagree with the opinions and articles in it, but they do appear to have been reading world news rather than just sucking their views from the Israeli cabinets genitals. Like you do.
Dork…
"And settler children are not?"
Absolutely they are. I have made my feelings about Israel's behaviour well known in previous comments.
The point of my replies above was to provide balance to a continued insistence that all of the fault in this rests with Israel. The reality is of course not that simple.
… to a continued insistence that all of the fault in this rests with Israel.
Nobody who knows about the situation would say that. Israel is the executioner in this horrendous situation, but you're right, not all the fault lies with the people pulling the triggers, bombing the hospitals, murdering doctors and nurses and patients, and producing obscene spectacles like that choir of angelic children singing about how the heroic IDF will annihilate Gaza; the ultimate fault in this crime lies with Israel's sponsors and enablers, primarily the United States, Britain, and the E.U.
"the ultimate fault in this crime lies with Israel's sponsors and enablers, primarily the United States, Britain, and the E.U."
I disagree. The ultimate fault lies with the elected leadership of both Israel and Hamas. Both are enabled by funding from sponsors; but both could find peace if they had the will to do so. Neither do, which is why IMHO this will not be solved anytime soon. The hatred is too deep, the violence too raw.
I won't be able to provide the link until later today, but all school books in occupied Palestine pass through Israeli approval prior to distribution. But this is not mentioned in the books themselves.
Also, the books are actually written, published and printed in Egypt and Lebanon.
Your link fails to mention any of this.
[Where is your link? – Incognito]
You may need to check the date of your link.
This is a paper that details the history of the development of the education curriculum in Palestine. If provides a Palestinian (specifically PNA) perspective on some of the content.
The new Palestinian textbooks: A strategy for national identity and self‐determination – Alayan – Nations and Nationalism – Wiley Online Library
"For decades, Palestinians had limited control over their education system until the Oslo Accords in the 1990s. During the period from 1948 to 1967, an educational divide existed, with Gaza adopting Egyptian curricula and the West Bank following Jordanian curricula. After the Israeli occupation of the West Bank, Jerusalem and Gaza in 1967, the Israeli military assumed control over Palestinian education, including censorship of textbooks (Adwan et al., 2014; Hussain, 2013). The establishment of the Palestinian National Authority (PNA) following the Oslo Accords in 1994 marked a shift towards gradual Palestinian control over the education system."
and
"Palestinians having primary responsibility for their curriculum content began in the 2000s when the PMoE produced its first textbooks around 2000 and was completed in 2006/2007 (Alayan, 2017; Hussain, 2013)."
Shame that this post has fallen off peoples radars and doing some further research reveals some ^%#^%$#ing appalling figures:
"In April 2002, the Ministry building in Ramallah was severely damaged by the Israeli military who confiscated equipment and records. The 275 schools within 500 metres of an Israeli military post are particularly unsafe. Since the outbreak of the Al Aqsa intifada MoEHE reports that 43 schools have at some point been occupied and turned into Israeli military bases. Between 2000-2005, around three thousand schoolchildren were detained by the occupying forces."
https://www.fmreview.org/education/nicolai-palestine
The bolded text may explain the footage of IDF soldiers celebrating the demolition of a UNRWA school in Northern Gaza a few weeks ago. Other than the IDF being an ill disciplined murderous rabble of course.
https://www.aljazeera.com/program/newsfeed/2023/12/12/israeli-forces-blow-up-unrwa-school-in-northern-gaza
Mod note
Sorry Incognito – House guests & life stuff got in the way of the reply.
Anyhoo – David, you and I are both partially correct and partially wrong.
You are correct in that the Palestinians have some educational autonomy in parts of occupied Palestine.
Buy WHY, Oh WHY did you omit this interesting and incredible relevant sentence from your link to the Wiley publication?
“This curriculum was constructed in accordance with the Oslo policy framework, which allowed the PNA to insert some materials about Palestine into textbooks with the accepted guidelines regarding the presentation of Israelis and the State of Israel. The textbooks recognised the Green Line1 and the Partition Plan of 19472 and presented the history of Jews in the land of Palestine. The PNA presented Judaism and Jewish people apart from Zionist, and the conflict as being between Palestinians and Zionist ideology, not between themselves and Jewish people or the State of Israel”.
Looks like you didn’t read any of the content.
Anyhoo…
However censorship continues in occupied East Jerusalem.
The Georg Eckert Institute published a report in 2021 due to allegations of anti-semitism from the usual suspects.
Here is a link to the main page where you can download the complete study and view the FAQ's:
https://www.gei.de/en/research/projects/report-on-palestinian-textbooks-paltex
From that page:
"The Palestinian Authority introduced fundamental curricula reforms in 2017, which resulted in new textbooks being produced for all subjects for the 2017/2018 academic year. A total of 172 textbooks and curricula for all school levels and for subjects in general education schools were analysed as part of this year-long project, which was funded by the EU. The research project examined content in Palestinian textbooks addressing hate or violence, the promotion of peace and religious coexistence as well as elements addressing reconciliation, tolerance and the observation of human rights. The EU financed this study of Palestinian textbooks on the basis of UNESCO-defined criteria of peace, tolerance and non-violence in education. The study, carried out by the GEI, provides a comprehensive and objective analysis of current textbooks with regards to these international education standards."
From within the body of the study – Page 156
"Textbooks for use in schools in East Jerusalem are amended by Israeli authorities. A comparison of textbooks issued by the Palestinian MoE and those used in East Jerusalem, which have been amended by Israeli authorities, revealed clear differences between the two. These amendments include not only changes to the cover and the symbols of the MoE but also to content. As Alayan concludes in her analysis of East Jerusalem textbooks that were published in 2004/05, ‘three main censorship categories emerged: “erasing symbols,” “leaving out segments,” and “deleting the content of whole pages.”’403 The textbooks however, do not explicitly reference the fact that they have been changed nor who is responsible for the changes. The original authors’ names are still listed, as are the same members in the supervision committees; as a result these amended textbooks attribute content to authors who have not produced it"
Page 159:
"The content changed mainly relates to the policies of occupation towards Palestinians and the colonial history in the region in general. As a result, content that discusses the Israeli/Zionist occupation and its impact on different Palestinian communities across the territories of the West Bank, Gaza Strip and the State of Israel is diluted or neutralised, especially that which discusses policies against the Bedouin community, which is of Palestinian origin."
And of course – no symbols of national identity please, we're busy killing civilians, stealing your land and your right to self determination
"Israeli forces seize Palestinian textbooks from students outside Al-Aqsa. Books reportedly confiscated in occupied East Jerusalem due to having Palestinian flag on cover, as Israel continues efforts to replace curriculum"
https://www.middleeasteye.net/news/israel-forces-seize-palestinian-books-students-al-aqsa-jerusalem
I am very familiar with the contents of the research, which is why I knew your claim that the books “are actually written, published and printed in Egypt and Lebanon” was incorrect.
What did I get wrong then?
Ah I get it now.
“Buy WHY, Oh WHY did you omit this interesting and incredible relevant sentence from your link to the Wiley publication?”
Because I was disputing your comment about where the books are produced. I am well aware that the Israeli government vets the PNA content – The Wiley link (and other links I could have provided) are very clear on that.
You need to stop pretending there's an equivalence between a massively armed aggressor state and the civilian population it has oppressed, in flagrant defiance of international law and international opinion, since 1948.
From September 18 to 27, 2023, in one of Ukraine’s two ongoing cases against the Russian Federation before the International Court of Justice (ICJ), the state of Ukraine took the Russian Federation to the World Court, (ICJ), for breaches of the Genocide Convention accusing the Russian Federation of making false allegations of genocide against Ukraine. The lawyers acting for Russia, central defence argument, was that Ukraine's case "was without merit" and a "misuse of process". On these grounds the lawyers acting for the Russian Federation argued that Ukraine's application to the World Court must be rejected.
32 countries delivered written and oral submissions to the World Court in the Hague, including New Zealand, as to the merits of Ukraine's case to be heard.
John Minto has pointed out that New Zealand as a small country has an interestin preserving the international rules based order of which the World Court (ICJ), is a part.
"….we believe in an “international rules-based order” of which the ICJ and the ICC are an important part…." John Minto
Yet New Zealand, unlike the case of Ukraine vs Russia, has not filed an application on the merits, (or otherwise) in the case South Africa vs Israel.
The question must be asked: Why not?
Through their embassies, Israel has been trying to pressure countries like New Zealand to not support the case South Africa vs Israel. And for countries like New Zealand, to put diplomatic pressure on the World Court to not issue any orders against Israel.
please provide a link for the Minto quote. You're in premod until this happens.
My apologies, I included the link to Minto's full statement above in my previous comment, from which I took one line.
Here are the quotes from John Minto's full statement, which includes the quoted line and the link, which I have hi-lited in bold and italics.
My apologies for this omission, I was not aware I had to include the link every time I repeated a quote. I did consider it, but thought it made the sentence too clunky. I will try to include the link every time I repeat a line from a quote.
Sorry 'bout that.
https://thestandard.org.nz/genocide-in-gaza/#comment-1983888
Labour Foreign Affairs Shadow Minister, calls on the Government to stand on the right side of history,
https://www.rnz.co.nz/news/political/506371/labour-urges-government-to-back-gaza-genocide-case-at-international-court
If we can't stop killing each other, how can we stop killing the planet?
The answer to the above question is simple;
If we can't stop war, we can't stop climate change.
If we can't even stop a genocide, humanity has no hope of stopping an ecocide.
Leading climate activist Greta Thunberg gets it.
Our hope is that our Government and Foreign Minister are listening to David Parker's 'urging', because as Greta Thunberg points out, "Silence is complicity".
",,,,,we think it is appropriate that New Zealand assist the International Court of Justice by intervening and making legal submissions on the case." David Parker
Our current government's silence makes us complicit.
UN Web TV live feed inside the Peace Palace, The Hague. Local Start Time !0:00 am
https://webtv.un.org/en/asset/k11/k11gf661b3
https://time.is/The_Hague
Supporters of Palestine gather in the Hague for rallies in support of South Africa's case against Israel accusing Israel of committing acts amounting to genocide.
[Link fixed – Incognito]