Israel Cannot Hide From the International Court of Justice | Jeffrey Sachs Essay January 29, 2024

Original with links can be read here: It is easy to be cynical about the international rule of law. No sooner had the International Court of Justice (ICJ) found that Israel is plausibly committing genocide against the Palestinian people than the U.S. State Department declared, “We continue to believe that allegations of genocide are unfounded and note the court did not make a finding about genocide or call for a ceasefire in its ruling…” Israeli leaders declared the case to be “outrageous” and “antisemitic.” Yet the risks for Israel of the ICJ ruling, and its follow-up in the next year or two, are profound. If Israel spurns the Genocide Convention, it imperils its place within the community of nations. True, the ICJ provisional ruling by itself will not end Israel’s war in Gaza or perhaps the mass killing of the Palestinian people, already at 26,000 and rising (with 70 percent women and children). The ruling by itself will not end America’s complicity in Israel’s slaughter of Palestinians. Israel could not fight the war in Gaza one more day without the U.S. providing the munitions and other military support. Yet the ruling has started the clock on Israel’s future. If Israel continues to act with impunity and finds itself declared as genocidaire in the ICJ’s final ruling, Israel will become a pariah state. Young Americans in particular will pull the plug on U.S. backing for Israel. Israel will stand utterly alone, condemned by the world. Most of the 193 governments in the United Nations already disdain Israel’s behavior. Most see a country that has occupied the neighboring territories of Palestine for 57 years (since the 1967 war), that has scorned and failed to act on dozens of votes by the UN Security Council and the UN General Assembly, and illegally and blatantly settled more than 700,000 Israelis in the occupied territories. Most UN member states hear clearly the expressions of visceral hatred by many Israeli leaders toward the people of Palestine. For example, the statement by Israeli President Herzog blaming all of the people of Gaza, as cited by the ICJ; and they understand clearly the intention of today’s Israeli government to occupy Palestine and rule over the 7 million Palestinian Muslims and Christians living in Israel and Palestine today. South Africa brought the ICJ case against Israel in part because it knows murderous apartheid rule when it sees it, and it sees apartheid rule in Israel’s ongoing domination over the Palestinian people. Israel has so far not been deterred by global opinion because of its nuclear weapons, its messianic zeal, and most importantly, the military, financial, and public backing of the United States, including its votes in the UN Security Council and General Assembly. Moreover, the U.S. and Israel have acted on the belief that the offer of American money and weapons systems to the Arab nations would induce them to turn their backs on Palestinian people. Israel and the U.S. act with supreme arrogance, believing that military might makes right and that money talks. Yes, Israel also acts out of fear of the Palestinians, but that is the overbearing and grossly unjustified fear of the underdog, the conquered, and the displaced. By recognizing and making peace with an independent state of Palestine, Israel would remove the hate and humiliation that fuels support for Hamas, and thereby diminish the threats that lead to Israel’s own fears. Israelis should understand that the U.S. cannot—and will not—save Israel in the long run. It will not do so any more than America has “saved” South Vietnam; Iran after the . coup in 1953; Afghanistan after 2001; Iraq after the U.S. overthrow of Saddam Hussein in 2003; Syria after the U.S. attempted overthrow of Bashar al-Assad in 2011; Libya after the NATO overthrow of Moammar Qaddafi in 2011; or Ukraine since the coup in 2014. American military force is useless or worse in sustaining regimes that lack broad international support and legitimacy. America tires of each misguided military adventure and moves on, and will eventually do so vis-à-vis Israel if Israel becomes a pariah and outlaw state.... Read rest of the essay here: Republished here with the kind permission of Jeffrey D. Sachs.
Back to Top