ICJ orders Israel to stop military operation in Rafah
pbs.orgDuring the Falklands War there were discussions in British political circles about what death toll would be unacceptable to liberate 1,800 people from Argentine occupation and rule - a calculus on the value of human life vs geopolitical concerns, I guess.
The global consensus seems to be that Israel’s current actions have become excessive - if that’s true, I wonder where the line between legitimate and illegitimate responses to being attacked by a semi-State actor like Hamas is?
Genuine question - I don’t understand how a state would go about determining an ethical response in this circumstance (leaving aside wider positions on the nature of the I/P conflict itself).
During the Falklands War the discussion was around military deaths, not civilian deaths.
The problem people have with Israel is not that they're killing Hamas fighters or that IDF soldiers are being killed. It's that they're killing civilians (amongst other war crimes and crimes against humanity).
It's a completely different situation.
Edit: just to flesh out my position here a bit. Civilian deaths are unavoidable in war. But the attacker _must_ take measures to prevent that as much as possible. Israel have not. In fact they've done the opposite.
> The problem people have with Israel is not that they're killing Hamas fighters or that IDF soldiers are being killed. It's that they're killing civilians (amongst other war crimes and crimes against humanity).
There is also a deliberate propaganda effort to blur the distinction between Hamas and Palestinians. Look at every conservative news source that reports on pro-Palestinian protests. Every one of them uses the term "Pro-Hamas protestors" instead, even though you'll find very few people there who support Hamas terrorists. This is clearly deliberate.
See also the deliberate conflation of IDF = Israeli government = Israeli people = the Jewish Ethnicity = Judaism. So, thanks to propaganda, if you oppose one of them, they think you oppose them all and are antisemitic.
Genuine response: the “wider positions on the nature of the I/P conflict” are essential to informing the situation, and cannot be divorced from the discussion.
Israel has no ethical response because there is no ethical means by which one can maintain apartheid. History did not start on Oct 7, 2023. It’s like pondering where the line is between legitimate and illegitimate responses to the Warsaw ghetto uprising, or to Haitian revolution.
"History did not start on Oct 7, 2023"
Where should we start?
When the arabs colonized the levant? or the many massacres of native jews? The wars of aggression by arabs? This conflict is awfully messy and each side has a laundry list of legitimate grievances.
Not really. It’s absurd to draw the line into ancient history of Arab’s colonizing the Levant. Early 1900s to 1948 are more reasonable given that people actually exist that lived in this time or at least meaningful records of history.
The fact is the British/UN gave a bunch of land to people that wasn’t really theirs to give. Nakba happened (which is illegal to even talk about in Israel) which was already a mass genocide/forced displacement). People alive today saw this happen. Watch the documentary Tantura to see some of the horrors by early Israelis (rapes, torture, killing people and feeding them their own genitals).
The point is: throughout most of modern history “Israel” has been invading Palestine. The fact that the UN recognized Israel in 1949 doesn’t matter… because that recognition required mass displacement and horrors to actually materialize.
Arab wars etc are a consequence of this. Sure maybe Israel won some of those. But one has to accept that the very conceptualization of Israel is rooted in genocide and displacement from the start. Many (or maybe most) states throughout history were formed this way I guess … Israel had the bad luck of doing it during a time that the human rights and morality of modernity was beginning to fully form.
How was the Nakba a genocide?
It was ethnic cleansing, violent forced displacement paired with massacres of 750,000 people. My mistake — not genocide.
You're correct it was not genocide. The other side carried out quite a few massacres of its own and tried to displace the Jews (or worse) - so it was pretty much just a war.
Per the modern definition of the term:
Genocide is the intentional destruction of a people in whole or in part.
So indeed the Nakba was not a genocide
The Nakba is ongoing, and fulfills the definitions (a)-(d) in Article 2 of the 1948 Genocide Convention to the letter.
You can call it a "small" genocide if you want. But you won't get anywhere denying either the facts of what has been happening to the Palestinians, or their relation to genocidal acts as defined above.
Indeed! For instance, Kuwait Nabka'd about 400,000 Palestinians in the wake of the Gulf War. And Syria just Nakba'd another 300,000, with barrel bombs dropped from helicopters.
I’ve seen you use the word Nakba alot when describing events other then the Nakba. For example a counter-Nakba to describe the Jewish exodus from Middle Eastern and North African countries which followed Israel’s unilateral deceleration of independence.
I don’t think this is fair, nor helpful. It is kind of like saying that the ongoing Gaza Genocide is another Holocaust. The Nakba is a unique historic event, by calling other historic events the same name it kind of reduces the effectiveness of giving names to events, and what made them unique enough to be named in the first place.
The Palestinian exodus from Kuwait for example was nothing like the actual Nakba. To begin with the victims were already refugees, so they had a place that they could flee to. Second the exile orders were a limited time (I think a week), as opposed to permanent in the case of the actual Nakba. The exile orders were not enforced with terrorism and military occupation.
While the exodus from Kuwait was a terrible human rights violation, it is actually much more like ongoing refugee evacuations from Europe and North America than the actual Nakba. Calling it a Nakba is either denying the horrors of the the Nakba, or exaggerating the Palestinian exodus from Kuwait.
I respectfully disagree with you about this, and don't see the distinction you're trying to make. I am, in particular, responding to a comment --- from a commenter you agree with generally --- who himself referred to the Nakba as ongoing.
Since this is just a rhetorical point, I don't think it's much worth arguing. I could come back at you with the Holocaust comparison, but what do we get out of that?
So, I'm going to continue using the wording I'm using, but with respect to your objection: heard.
When I hear people describing the Nakba as ongoing, I generally take that as to mean that the practices and policies of the Nakba have never been reversed, that the expulsion orders are still in effect, the refugees are still as such, partitions, occupation, and land grabs are still ongoing and expanding, the right of return has never been granted.
I think this is valid because the same government entity keeps these practices and policies onto the same victims. There is also a distinction to be made on the original event which we call The Nakba and the ongoing policies which followed. It is kind of like saying that the Korean War never ended. We have this original event, and then we have the aftermath which is still unresolved (not making a comparison though granting the right of return to displaced Palestinian is a million times less complicated than the Korean reunification).
I also hear people talking about the Gaza Genocide as a second Nakba. I also think this is valid (although The Gaza Genocide is a descriptive enough name IMO) since it mirrors the original event in scope and horrors, in policies. This would be akin to calling a second world war following The Great War World War II.
The Palestinian exodus from Kuwait, or the Syrian reign of terror against Palestinians are, however, not a direct followup or a continuation by the same entity of the same practices and policies of the original Nakba.
At most I can understand the use of the word Counter-Nakba as the Jewish hostile policies of e.g. Iraq were a direct response to the original Nakba. However the scale and horrors of that policy were nowhere near that of the original Nakba (even though the scale of the results [somewhat] did). And the practices and policies of Muslim majority countries did not mirror those of Israel during the Nakba, quite the contrary.
That's fine, we just disagree about this semantic point.
(themself, sorry)
The cherry on top of a museum-worthy thread.
True, and utterly deplorable of course.
But we have to keep in mind that none of those people would be forced to live in such inhospitable places were it not for the bold, decisive actions of that man who got an airport named after him.
... or, as we've talked about before, the bold, decisive actions of people throughout every MENA country who expelled their own Jewish populations in the wake of the 1948 war --- those specific people are the core of the right wing in Israel.
Hate to point this out -- but this really is just whataboutism, here.
The MENA expulsions (which we have already acknowledged) didn't have anything to do either with Nakba '48 or the expulsions of Palestinians in other countries in subsequent years. Let alone with the topic of subthread we've all jumped in at here. (Which started with the Nakba after all; I didn't introduce it to make some broader moral point).
I thought about what you said. I don't think this is whataboutism. The people most responsible for the policies you most disapprove of in Israel are precisely the people who were victims of reprisal pogroms and ethnic cleansings in other countries.
I don't think my thesis is "Israel is right". My awareness of Israel started with them killing that activist with a bulldozer, and didn't go better places from there. I'm guessing we 80% agree about Israel.
I think my thesis is "no simple argument about Israel or Palestine will ever be true". Which is, to me, kind of fascinating, if you can get past the horror, which I understand people (on both sides) not being able to do. Also: I sound like a Bond villain right now.
The people most responsible for the policies you most disapprove of in Israel are precisely the people who were victims of reprisal pogroms and ethnic cleansings in other countries.
So ... if Palestinians are still going through what they're going today, at home or abroad, it's ultimately (or to large extent) a delayed result of the MENA expulsions, and the slight electoral tilt among the descendants of those affected (we're talking 2 full generations later, heading up on a 3rd by now) within Israeli electoral politics?
That is to say, ultimately an outgrowth of -- external antisemitism?
That's your thesis here?
Nope not a genocide...by any reasonable definition it was not.
“We are imposing a complete siege on Gaza. There will be no electricity, no food, no water, no fuel. Everything will be closed. We are fighting human animals and we act accordingly”
-- Defense Minister Yoav Gallant
So the Nakba is on going according to you, you're not even talking about 1948. Whatever.
So the Nakba is on going
You're catching on! The Nakba is as fresh as ever. Just ask these folks -- who are definitely in a position to know:
https://news.ycombinator.com/item?id=40372975
As the Minister for Foreign Affairs instructs us: "Remember 48".
And he sure ain't kidding. It is all very much an ongoing process.
Right. I can find a collection of quotes by current and previous Palestinian leaders that make them appear to be a bunch of genocidal, religious fanatics and holocaust deniers. But I'm not gonna do that because the day is short and I'm not sure what its going to achieve.
The quotes were directly relevant to the topic that you raised.
The genocidal intent of the Nakba was as clear in 1948 as it is with the Nakba in its current form today.
The word "genocide" (and many other terms) means very little nowadays. Well you can tell at least the parent isn't trying to be neutral in providing history there.
> Nakba happened (which is illegal to even talk about in Israel)
This is very inaccurate, the actual law is described here - https://en.wikipedia.org/wiki/Nakba_Law#Provisions
> 4. Referring to the Israeli Independence Day or the founding day of the country as a day of mourning.
So you are not allowed to call it the Nakba, or describe it as anything but something to celebrate as long as you receive funding from the government.
I don’t know how the media, libraries, schools or other institutions work in Israel, but in Iceland this would pretty much amount to a ban, as almost all media, and institutions receive at least some funding from the government, and the most important ones actually depend on it.
I also find it curious how this flies in Israel’s participation in Eurovision. Russia was banned for using state media to spread misinformation. Meanwhile Israel has laws which bans their state media from recognizing previous state atrocities, and is not banned.
Your interpretation doesn't seem right. It is certainly permitted to use the word Nakba, and there's no requirement to celebrate anything.
> in Iceland this would pretty much amount to a ban, as almost all media, and institutions receive at least some funding from the government
skill issue.
This is a somewhat complex question to answer, and one that can't truly be untangled from the broader history of the I/P conflict. But the base idea is this: you can't fight terrorism with bombs. Israel's stated goals in this war don't make sense: even if they could eliminate every single Hamas (military) operative, the kind of assault they are perpetrating is obviously going to give rise to a new wave of militants, probably much more embittered than Hamas is today.
So, Israel can only have two actual goals in this war: either they are seeking to purge Gaza of Palestinians, or they are seeking to punish Gazans in general for the actions of a few terrorists on October 7th, eye-for-an-eye style. There is no other reasonable interpretation of this war, and the vast majority of the world's countries see it this way (as seen by the overwhelming support for all pro-Gaza resolutions at the UN, typically 150+ to 10 or less).
Now, if Israel actually wanted to eliminate the terrorist leadership that perpetrated the October 7th attack while not creating new generations of terrorists, they would have gone about this intervention in a completely different way. They would have had to work with the non-militant parts of Hamas leadership and the PLO of the West Bank and with neighboring Arab countries to bring these murderers to justice, along with sending the equivalent of police forces for taregtted operations.
For an example of how this can work, you can look at how the UK dealt with the IRA in Northern Ireland, or Spain with the Basque Country separatists. They certainly didn't start bombing Belfast or Bilbao semi-indiscriminately to weed out the terrorists there.
Of course, what I'm saying is laughably far from anything that was actually possible to imagine as an Israeli response, given the long history of repression and mutual hatred of those territories. The reality is that Israeli leadership, and a sizeable segment of the Israeli population, wants the territory of Israel to include Gaza and the West Bank, but without bringing in the huge Arab Muslim population there as full citizens with equal rights in Israel. They also want to avoid creating explicit laws officially recognizing them as the second-class citizens that they are. So, the goal of Israeli leadership is actually maintaining the status quo: people in Gaza and the West Bank (and East Jerusalem) are living as second class citizens, their land is slowly being encroached by more radical coloniats, and their anger is controlled by bombings and deprivation when needed.
> or they are seeking to punish Gazans in general for the actions of a few terrorists on October 7th, eye-for-an-eye style
High-ranking Israeli officials have openly stated this at the start of the war and throughout.
Israel’s minister of national security has explicitly said he wants to ethnically cleanse Gaza.
He has also:
* Been denied entry to the IDF/excused from mandatory conscription due to his extremist views
* Been convicted (in an Israeli court) of supporting a terrorist organization.
* Made a legal career out of defending alledged Jewish terrorists in Israeli courts.
* Arguably contributed to the assassination Yitzhak Rabin and the collapse of the Oslo accords.
Do you speak hebrew? I don't see subtitles to that video, where do you get that?
Here’s a synopsis reported by the Times of Israel
https://www.timesofisrael.com/liveblog_entry/ben-gvir-says-h...
The subtitled video doesn't say anything about ethnic cleansing, the minister says he would like to see those who were exiled from Gaza in 2005 returned and allow Jews to live there again. He makes no mention of displacing the current population.
The subtitled video doesn't say anything about ethnic cleansing
But of course it does exactly that, via the intentionally deceptive euphemism "voluntary emigration".
What? Literally in the first paragraph:
> Far-right National Security Minister Itamar Ben Gvir says he would be “very happy to live in Gaza” following the war, musing that a mass exodus of Palestinians could create room for a significant influx of Israeli settlers.
I don't know what else to call a "exodus of Palestinians" to "create room". This is pretty much the textbook definition of than ethnic cleansing. And "voluntary emigration"? Right. To where? And after 80 years of fighting over all of this it's suddenly going to be all that "voluntary". Yeah...
This is not some rando we can perhaps interpret in good faith; this is a man who for years had the portrait of terrorist Baruch Goldstein in his office and has repentantly praised him. This, combined with many other things he has said and done over the last 15 years or so means it's pretty clear what he's saying: getting rid of the Untermensch to make lebensraum for the Übermenschen.
Subtitled version here https://x.com/TranslateMom/status/1793230643104485487
Hamas is a complex entity, the ruling party of Gaza as well as a militant terrorist arm. The population of Gaza is around two million people, all of Hamas is maybe 50,000 people, terrorist arm is some subset of that, and the people who actually participated in the Oct 7 atrocities are maybe a few thousand counting all support personnel. I think that easily qualifies as a few people compared to two million.
> They would have had to work with the non-militant parts of Hamas leadership and the PLO of the West Bank and with neighboring Arab countries to bring these murderers to justice
I don't really see how this could work? As far as I know, all Hamas leadership supports the Oct 7 attack. The PLO and neighboring Arab countries don't really have power in Gaza.
Is that surprising, considering how Israel had treated Palestinians before that date?
If mere support is a hangup, then supporters of Israel's genocidal retaliation must similarly be excluded from talks.
I speak sardonically, of course: preconditions to negotiation are rarely helpful to achieving a negotiated outcome.
Here's one example: if Israel starts by treating Palestinians as human beings equal to Israeli people, without preconditions, it would remove a lot of Hamas leverage, plus it's the right thing to do.
Then, a bilateral peace committee seeking to punish genocide perpetrators on either side, perhaps as judged by the ICJ, can be established.
> For an example of how this can work, you can look at how the UK dealt with the IRA
Did the IRA kill around ten thousands of Brits in one day and kidnapped a few thousands (I'm adjusting to population size here) ? Did the IRA have the sworn objective to eliminate England? Did the IRA join forces with another terrorist organization and a superpower bent on destroying England to encircle England from all directions and join the war?
The circumstances of the catholic population in Northern Ireland was also significantly less extreme and dire. So if you want compare the scale of it then you also need to take that in to account.
However, the more important issue is not to get distracted by these sort of things. We can tit-for-tat this endlessly and never get anywhere, and the only way to solve this is to move beyond that. That's what they did in NI.
If we strip away all the violence, forget who did what to who, and all of that, then the inescapable conclusion remains: the IRA was right to protest the treatment of Catholics. Even Ian Paisley later admitted as much. And similarly Hamas is ... right to protest the treatment of Palestinians. That does not mean I condone the violence, like the general rhetoric of Hamas, or anything else. It's just an acknowledgement that 1) at the core of an issue are genuine grievances, and 2) as long as these grievances exist there will always be a Hamas.
You don't need to like these facts to accept it exists. You also don't need to just shrug and do nothing about Hamas. But you DO need to actually solve the rot cause (while you're also fighting Hamas). And for decades Israel has not just flat-out refused to do almost anything, it generally has made things worse. The violence of Israel is not as spectacular as the violence of Hamas, but it absolutely exists.
> Hamas is ... right to protest the treatment of Palestinians.
The reality is much more nuanced and quite frankly contradictory to this simplistic viewpoint. What are Hamas' goals - some kind of peaceful solution or the violent destruction of Israel and expulsion of most Jews from the area? I tend to say the latter. Also, calling what Hamas did on October 7th 'protest' seems weird to me. It committed a massacre and knew damn well it was starting a war.
Yeah, that's probably why the GP didn't say "Hamas is right to commit terrorist acts", but "... is right to protest the treatment of Palestinians". Which, like, are you saying they're wrong on that? Because if you are, it's you who are. Wrong, that is.
No, and neither did Hamas.
Yes it did. Which events I listed are you disputing?
You adjusted your post to note that the ten thousand dead was an adjustment. Even so, it's an adjustment in the wrong direction - Northern Ireland is tinier than Israel, not larger. And the correct comparison is Irish Republicans in Northern Ireland ~ Palestinians, British loyalists in Northern Ireland ~ Israelis. You can view the greater UKs role in the conflict as similar to the USAs role in the Israel-Palestine conflict. Of course, none of these comparisons are remotely 1:1, but they are close enough.
Going for a less shallow dismissal of your points then:
> Did the IRA kill around ten thousands of Brits in one day and kidnapped a few thousands (I'm adjusting to population size here) ?
The IRA in total killed some 2000 people, representing some 0.2% of the Protestant population of Northern Ireland. Hamas killed in total ~2600 people since 2008 (where I found simple data on Wikipedia), which represents about 0.04% of the population of Israel, taking a very small estimate for the total population. So, in percentages, the IRA was about 5 times as vicious as Hamas (edit: accidentally wrote 50 earlier).
> Did the IRA have the sworn objective to eliminate England?
Yes, the IRA had the objective to eliminate British rule in Northern Ireland entirely, which is quite similar to Hamas's goal of eliminating Israeli rule in all of Israel. I'm not sure if the IRA was as happy to kill any loyalist civilians as Hamas is in killing Israeli civilians, to be fair.
> Did the IRA join forces with another terrorist organization and a superpower bent on destroying England to encircle England from all directions and join the war?
I'm not sure what superpower you refer to here (are you calling Egypt a superpower? Edit - oh, you mean the USSR...). Regardless, Ireland did have some amount of implication in the Troubles, though of course immeasurably less. I'm also not sure why it's more legitimate to bomb civilian buildings or not based on whether those civilians were once supported by outside countries, 50 years ago.
"The IRA (Irish Republican Army) was responsible for killing around 1,800 people during its terror campaign from the late 1960s through the late 1990s. This includes approximately 650 civilians"
So 650 civilians in around 30 years, that's less than what Hamas did in a couple of hours on October 7th. Btw Hamas is not only active in Gaza, it was a big part of the terror campaign that derailed the Oslo peace initiative and later Camp David - mostly in the West Bank. Hamas' reach is all across the Palestinian territories and it has hit Israelis in all kinds of ways - suicide bombings (in the West Bank), rockets (Gaza) and recently full on invasions and massacres. The death toll, destruction and disruption to the economy and civil life it had on Israeli society is orders of magnitude larger than what Britain has ever experienced.
> Yes, the IRA had the objective to eliminate British rule in Northern Ireland entirely, which is quite similar to Hamas's goal of eliminating Israeli rule in all of Israel. I'm not sure if the IRA was as happy to kill any loyalist civilians as Hamas is in killing Israeli civilians, to be fair.
So there's a major difference here I think, Britain could have simply left Northern Ireland or reach some compromise to meet some of the IRA's demands (which has actually eventually happened) and still remained Britain. For Israel to meet Hamas demands it needs to commit national suicide, cede control to a group that hates it (happy to kill Israelis - your words) and wants to take revenge and as a result probably have the majority of its population flee the region completely (where to? perhaps to the West, which is also not the most hospitable environment for Jews/Israelis).
> I'm not sure what superpower you refer to here (are you calling Egypt a superpower? Edit - oh, you mean the USSR...).
I am talking about Iran which is considered a regional superpower and about the fact Israel is surrounded by Iranian made armies (Hezbollah to the North, Yemenite Houtihs and Iraqi militais to the East) that are now occasionally bombing its civilian population or trying to force a naval blockade on it. England never had to face anything remotely similar to this with the IRA. The last time England had something similar to this was WW2.
The Falklands death toll was around 900 people, only three of whom were non-combatants.
The situation with Gaza is very different. There aren't perfect answers, and fifty years of being kettled under military occupation has only made everyone involved hate each other that little bit more.
Whatever the exact numbers are, it's clear that normal people have suffered unduly as a result of military action, in a way that has extended far past self defence, with documented actions that seem barely human.
A comparison to the Falklands war —as unnecessary as that was— seems perverse.
Its also simply becausz its not just about self defense.
People would care less if israel was not actively supporting illegal settlers and that extremists killed ytzak rabin that was looking for peace. Or that netanyahu was on camera saying he wants to make palestinian civilians suffer as much as possible while he negociates in bad faith and doesnt respect the usa that are 'easy to manoeuver".
Its not just about hamas
One of the interesting reasons that the UN Security Council has vetoes is to prevent this sort of situation with Israel and Russia where the court appears powerless because the powers simply ignore the rulings, or retaliate against the court as Russia did this week [1] and the US would do so if any of their members were charged [2]. The UN's organizational structure reflects the (unfair but real) power imbalances in the world, and that structure ensures that it continues to exist.
The alternative to this unfair structure is no United Nations, and no place for countries to come to the table which is potentially worse.
I don't know how you could make a world-level government with enforcement work given the current imbalance of powers between the top and bottom parts of the power scale.
EDIT: Why the downvotes? Is this not how the world works? I'd be interested in seeing why the disagreement.
[1] https://www.nbcnews.com/news/world/russia-ukraine-war-intern...
[2] https://en.wikipedia.org/wiki/American_Service-Members%27_Pr...
I think you're right about the reason for the veto powers of the world's super powers at the UN Security Council. It's a pragmatic, though unjust, way of ensuring that they participate in the UN at all. Unfortunately, even so, they often ignore UN Security Council decisions even if they happen to pass - like the USA recently allowing the Israel-Gaza ceasefire resolution to pass, then immediately turning around and absurdly claiming that a UN security council resolution is non-binding. So even like, it's unclear how much the system actually works.
However, I don't agree that this means the ICJ or ICC should just not give decisions that they can't enforce. Ultimately these courts stand as unbiased observers on the world stage, and their opinions can be used by the countries making up the UN to guide their own actions. Ideally, the world's media should also pay close attention and guide its own reporting as well based on the decisions (and rationale for those decisions).
Much like the UN's climate panel, there is real value in having a panel of domain experts present an informed, unbiased, opinion on world matters, even if they can't directly enforce anything.
The reason ICJ and ICC should be careful about giving decisions they cannot enforce is because over time it can undermine their credibility. Eventually you end up with these international bodies writing the equivalence of "open letters", which is fine I guess... but if those actions have no effect on outcomes it really starts to undermine the Institutionalist side of IR theory.
Personally, I find that unfortunate. While I think the realists are mostly right, it is helpful to have international legal institutions that maintain some degree of legitimacy and power for the purpose of norm-setting.
The problem is that they will also lose all legitimacy if they only give decisions against the enemies of the USA. They then end up looking as a propaganda arm of the USA, which is, in my opinion, even worse than being an ineffectual but respected international organization.
Speaking of climate, today Germany is claiming that climate protestors must be punished like the mafia: https://www.theguardian.com/environment/article/2024/may/23/...
Ah yes, the German Greens, truly the party of environmentalism... I would be almost shocked if I hadn't long become accustomed to my own country's extreme disconnect between the claimed doctrine of each party and their actual politics.
> One of the interesting reasons that the UN Security Council has vetoes is to prevent this sort of situation with Israel and Russia where the court appears powerless because the powers simply ignore the rulings, or retaliate against the court as Russia did this week [1] and the US would do so if any of their members were charged [2].
Note that this discussion is conflating two different courts, the ICJ which is the court for disputes between nations in the UN system, and the ICC, a newer court to which parties to the Rome Statute have delegated some part of their (universal, under international law) jurisidiction over individuals for war crimes, crimes against humanity, genocide, and, most recently, aggression.
But that's also not the reason for the veto; in fact, the veto contributes to this problem with the ICJ.
> The alternative to this unfair structure is no United Nations, and no place for countries to come to the table which is potentially worse.
That's obviously an alternative, other alternatives exist, including one with a weaker but extent international body for nations to come to the table (proven, the League of Nations existed), and ones with a stronger body, with its own organic capabilities (and potentially greater independent legitimacy, e.g., by direct election of some key officers rather than appointment by member states.)
The UN isn't the only possible international federation.
The League of Nations existed, but was an abject failure for a number of reasons and failed to prevent WWII.
The UN is probably the most successful international union because of its pragmatic approach, but it seems like most international political alliances fall apart within 100 years.
Other non-political international bodies seem to have more luck: the ITU -- the International Telecommunication Union -- has been around for 150 years. The International Labour Organization outlasted the League of Nations and became part of the UN.
> The League of Nations existed, but was an abject failure for a number of reasons and failed to prevent WWII.
UN did not prevent WWIII. It is the mere fact that nuclear weapons and MAD made the global superpowers realize that there is no winning in such war. And that a security competition and proxy wars are acceptable. But direct confrontation to be be avoided at all costs. It is not like US, Russia (probably china and others too) do respect the UN that much anyway.
If nuclear weapons existed before WWII, There is a slim chance that it would happen.
UN did not protect iraq and Ukraine from illegal invasions such that League of nations did not protect Ethiopia in the past. The mere fact that in all cases no body wanted to confront a major power invading another country far away.
> The alternative to this unfair structure is no United Nations, and no place for countries to come to the table which is potentially worse.
Why the alternative is no united nations instead of equal and real representation of international community without bunch of countries having veto power.
It's just how things work. The League of Nations failed largely because it lacked the participation and support of major powers. The United States, despite being a principal architect of the League, never joined [1]. This lack of participation undermined the its legitimacy and effectiveness.
The veto power was established at the founding of the UN in 1945 as a reflection of the state of the world following World War II. The major powers were given veto power to get their buy-in and participation. Without this mechanism, these powers might not have joined or supported the UN, undermining its formation and initial effectiveness.
If the veto power were removed, the major powers might feel that their core interests and national security concerns could be overridden by the majority [2], leading to their withdrawal from the UN, and significantly weakening the organization's influence and capacity to act.
There's no real authority in any of these bodies, only the appearance and illusion of legitimacy which requires buy-in from its strongest members.
[1] https://history.state.gov/milestones/1914-1920/league
[2] From above:
> Motivated by Republican concerns that the League would commit the United States to an expensive organization that would reduce the United States’ ability to defend its own interests, Lodge led the opposition to joining the League. Where Wilson and the League’s supporters saw merit in an international body that would work for peace and collective security for its members, Lodge and his supporters feared the consequences of involvement in Europe’s tangled politics, now even more complex because of the 1919 peace settlement.
You are contradicting yourself. If the world power participation in UN is vital to its role but at the same time nothing outside the conflicted power between them then why do you think UN is more than a club of world power extended to include some people from thr outside?
And what actually prevented a global conflict after the world war II is not the UN succeeding into what League of nations, it is nuclear war and MAD doctrine. UN is currently a place so inneffective outside the general stuff that the veto countries can agree.
Again you are describing the current status que not how a real equal international community should work. Because currently when you hear that international community is behind <foo> it is usually US and some of their allies who are actual minority of humans [1]
> And what actually prevented a global conflict after the world war II is not the UN succeeding into what League of nations, it is nuclear war and MAD doctrine.
This is wishful thinking and a history revisionism. Mathematically speaking MAD will always result in a nuclear Armageddon. People knew that and worked with the UN to prevent proliferation of Nuclear Weapons and escalation of the Nuclear Arms buildup. Without the UN it is hard to see something like the Comprehensive Test Ban treaty or the Non-Proliferation Treaty striking balance to the Nuclear Arms race and preventing a nuclear Armageddon.
It was the US starting and pushing the comprehensive test ban treaty, not the UN. The UN didn't even try until the US successfully pushed it for decades. And STILL, all relevant negotiations are conducted by the US, the relevant backing organization is thoroughly US. It's physically in the US. It's staffed by US people. It's really more or less a branch of the US military, and it's equipment is almost exclusively on US military bases.
Also, the comprehensive test ban treaty is based on mathematical research. Yes, seriously. Who did that research? The US, and they shared it, which changed the calculus of nuclear weapons and allowed the treaty to happen. In fact, a US mathematician is famous for ignoring the US president in an actual meeting with him while doing this research.
Nuclear nonproliferation is a pure US project, that, if we're being honest, does not even really have the support of the US's closest allies. All countries WANT nuclear weapons, and while they cooperate with nonproliferation, they maintain nuclear weapons. That EVEN goes for France and the UK. Hell, even fucking Belgium tried (and, one might add, only stopped once they were absolutely sure they could do it). And, let's face facts: Belgium, along with 100 other countries will try to acquire nuclear weapons again if the US guarantees are violated. If Iran acquires nuclear weapons, for example. Likely, at least Japan and China are maintaining programs that at the drop of a hat, in months, can produce working nuclear weapons. And I'd be AMAZED if both of those countries aren't, at minimum, further along than Iran is. Hell, my money is that at least those two have working nuclear weapons ready. Untested, but ready. Frankly, I'd be amazed if Belgium and even Canada don't have the core of a nuclear weapon ready stashed away ready somewhere (because both countries have the infrastructure needed to produce Nuclear weapons, and they have that infrastructure IN OPERATION (for other reasons, and yes, both countries have valid reasons). Yes they say they're not using it for weapons, but the idea that they're not at minimum "at the ready" is completely absurd to me)
What did the UN do?
The UN tried to solve the Nepal situation. Nepal doesn't exist anymore.
The UN tried to solve the DRC situation. It didn't work, and hundreds of thousands to millions were massacred as a result.
The UN tried to solve the Iran/ISIS/Lebanon/Syria/... conflicts. Eventually the only thing that was solved was the US using it's remaining military force in Iraq to destroy ISIS. The other conflicts are still simmering. Nothing was solved by the UN.
The UN tried to solve the Yemen situation. Nothing was solved.
The UN tried to solve Somalia. The people they tried to protect are no longer there (and most are dead).
The UN tried to solve the Israel situation. You are constantly complaining about what happened, which can be summarized as Israel successfully protected itself with US aid.
The UN, the same people, but under the name "League of Nations" tried to prevent WW2. Germany and the US still claim their actions CAUSED WW2. I'm not sure it's 100% true, but they make a pretty good case.
Besides, it wouldn't even matter, since the UN itself is a US and Israeli project. It would fall apart, even now, without the US.
Oh and you neglect to mention "the other MAD", that also is provided by the US: the guarantee that if one country attacks another, the attacked country will receive at minimum humanitarian aid, likely military aid from the US, and sometimes direct military intervention by the US. This MAD is also a critical component of post-war peace, because many countries would win military conflicts against at least some their neighbors, and where it doesn't work (e.g. Russia) ... we see constant wars.
Your case that countries worldwide are depending and trusting the UN to protect them from military conflict is absurd.
I don't think I'm contradicting myself - I think the UN is a mutually-beneficial, shared illusion that works only when the major powers that go into it believe that it works.
The most cynical view of the UN is that it is a club of the five major members that happens to include the rest of the world, yeah. But the power of the shared illusion gives it broad acceptance. And even if enforcement is uneven, the broad acceptance of the UN's role provides it with a degree of moral and political authority.
What does that even mean? If you do something the USA doesn't like, you get nuked (metaphorically or literally). That is how it is, court or no court. What good is a group that pretends to be "real representation of international community" if the USA can still override it with nukes?
The UN veto attempts to at least make the process transparent. A veto is like a promise "we will drop nukes on you if you try this, so don't." It's much better to find out that way, than to find out by having a nuclear bomb dropped on your head from a military jet.
Unless of course the US is talking about another countries with nukes themselves. But you are making a good case for why it is in each country best interest to acquire nuclear weapons. North Korea appears, in your argument, one of the wisest regimes in the world.
I'm pretty sure that when US is vetoing Russia, it does not mean "we will drop nukes on you if you try this, so don't". Because Russian response will be of the sort "Great, try this and enjoy the fireworks over your population centers, we will hate to see the UN gone with the whole of New York".
Russia also has a veto. Either one can threaten the nukes to block a proposal.
A neutral order where nobody has nukes would be better than one where everyone has nukes. You probably can't get from here to there without the complete destruction of the US state apparatus along the way, though. The Russian one too. And every other major player.
because the reality is, some nations have nuclear weapons and colossal economic power, and some don't.
India has nuclear weapons and more economic power than the UK.
And yet the UK has a veto, and India does not.
Also, only one of the P5 powers had nuclear weapons when the UN Charter was signed.
The UN was created when india was a subservient colony of britain. When veto powers were being given out, india didn't exist as an independent country. That's why the UK has veto power while india doesn't.
There definitely needs to be a rebalancing of power within the UN but none of the P5 want their power diluted. And they have the all powerful veto power.
We've switched who has veto powers before. Soviet Union to Russia and the Republic of China to the People's Republic of China.
There is no reason we can't replace another government.
Both of those cases involve the dissolution of the state holding the veto power. While dissolving the UK would be hilarious, I imagine they would veto it.
> Both of those cases involve the dissolution of the state holding the veto power
The Republic of China did not dissolve.
The Republic of China is still around. The country we generally refer to as Taiwan is actually the Republic of China.
India is way larger both population and geographically than the UK just like the People's Republic of China is compared to the Republic of China so it seems like there is a precedent to do it.
Forced illegal settlements are also a war crime, one of very few actions that even the US has condemned along with the wider international community. Can one justify over 50 years of belligerence? Does Hamas operate in the West bank? Remind me how long Hamas has been around to use human shields in a region governed by a separate authority?
My dad was once judged as a terrorist for his role in resisting a racist, apartheid government. He was interestingly transformed into a senior officer of the army that spent decades indiscriminately bombing anywhere he was supposedly operating from. He was broken by the guilt of visiting villages out of starvation only to have the blood of innocent families on his hands for showing solidarity with his struggle. The people who would throw similar accusations of using human shields to justify their barbarity were now his colleagues, brothers in arms who he would spend the rest of his career fighting alongside.
One of his superiors, Nelson Mandela, had a lot to say about Palestine. The world celebrates his efforts to convince people like my father to forgive at the cost of leaving a trauma that will persist through the souls of their descendants.
This brazen denial of the reality that a fellow human will relentlessly defend is beyond clinic insanity for people who have significantly less emotional attachment to this conflict than myself. The lack of self awareness for the sake of self-preservation alone is concerning.
I'm glad all of this self indicting astro-turfing has been shared publicly. I want peace for all humanity, but I can't see anyone making a sound case for truth and reconciliation when the dust settles, and it is time for accountability.
I have always suspected that part of the explanation for why these heinous things are occurring without any actual consequences is the larger military strategic situation. And I think that aspect of it being left out of the discussion is not helping.
The Gaza area is strategically extremely significant for the US and other allies as well as their enemies.
I suspect that this may be the reason why Israel is allowed to continue regardless of how many civilian casualties. And also may in some way explain some of the resilience of the fighters there despite how deadly Israel has made dissent. Iran will always fund anyone who dares poke their head up to resist. Because again, it's a very strategic position. Not only in terms of the sea but also on putting pressure on a US ally.
I will probably just be accused of being a conspiracy theorist, but if any of this is slightly true, I think it should be part of the discussion. I think the reason it is not discussed is because the US and allies don't want to admit that they could stop it if they wanted but they really don't want to because of the strategic situation.
> Israeli and international media have reported that Netanyahu’s plan to continue allowing aid to reach Gaza through Qatar was in the hope that it might make Hamas an effective counterweight to the PA and prevent the establishment of a Palestinian state. [1]
[1] https://edition.cnn.com/2023/12/11/middleeast/qatar-hamas-fu...
What exactly makes Gaza that important
It's location in relation to Israel, the Mediterranean, Egypt, Suez canal, etc.
That doesn't really answer it?
I have yet to see how this little strip of land is so valuable to our interests
You need to look offshore.
I don't follow
The ICJ is powerless. How does it purpose to enforce it, or anything?
First of all, the mere existence of this ruling should be a guiding star for discourse on the topic. It's unacceptable for so much discourse to claim that there Israel is "just defending itself" when there are actual independent legal experts, with no hidden motives, pouring over the details and concluding that they are slaughtering civilians. So even if no enforcement of any kind happened, it would still be worth it to get an informed and unbiased opinion like this out there.
Second of all, countries which are currently helping Israel in its slaughter have internal laws that can be invoked, through their court systems if need be, that should take this ICJ opinion into consideration when evaluating if the government should instead prohibit arms and other aid to Israel in this matter. So there is at least some glimmer of a chance for actual pressure from this ruling. It will take some time to materialize, of course.
They will simply claim everyone involved is a Hamas operative, there is no genocide in Ba Sing Se, and they are still just defending themselves. I also remind you that the USA has a law on the books authorizing the invasion of any country which attempts to enforce any international court order which the USA disagrees with.
I believe that law is slightly more limited - they reserve the right to invade anyone who attempts to prosecute US citizens and particularly US military in international courts. I don't think it extends this type of protection to allies. At least the infamous "Hague Invasion Act" doesn't.
Section 2008 https://www.govinfo.gov/content/pkg/PLAW-107publ206/html/PLA...
> (a) Authority.--The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.
> (b) Persons Authorized To Be Freed.--The authority of subsection (a) shall extend to the following persons:
> (1) Covered United States persons.
> (2) Covered allied persons.
> (3) Individuals detained or imprisoned for official actions taken while the individual was a covered United States person or a covered allied person, and in the case of a covered allied person, upon the request of such government.
Wow, I didn't know it extended that much. Insane to think they then have the gall to claim they are an actor for a rules-based world order...
They are. The rules are: heads I win, tails you lose.
What does covered mean here? Who is covered?
Section 2013:
> (3) Covered allied persons.--The term ``covered allied persons'' means military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long as that government is not a party to the International Criminal Court and wishes its officials and other persons working on its behalf to be exempted from the jurisdiction of the International Criminal Court.
> (4) Covered united states persons.--The term ``covered United States persons'' means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the International Criminal Court.
Grim. Thanks for digging that up.
I was under the impression that that was just the ICC, as a) USA is not a member of the Rome Statute, b) the ICC prosecutes individuals, not state actors, and c) USA has a really extreme policy of protecting their citizens—even guilty those guilty of crimes—from foreign jurisdictions.
The ICJ on the other hand is just a tribunal which orders and advises states and international organizations.
> The ICJ is powerless. How does it purpose to enforce it, or anything?
It's not its job to do that, it is a judicial not an executive body.
Unfortunately, the UN’s executive decisionmaking body is, unlike the court, fairly consistently faithless to the law where any of the pet interests of the P5 members whoe exercise vetos over it are concerned, and protecting Israel from any consequences from its lawbreaking (even where the US fully acknowledges that it is lawbreaking, as in the case of continued settlement expansion) is a pet interest of the US.
The UN is simply a playground for the P5 IMO.
And that's a good thing. They have a permanent forum for discussions to prevent global thermonuclear war. Everything else about the UN pales in comparison
The ICJ can issue warrants for individuals, and the many signatories are then obliged to arrest those people should they travel. Even Kissinger had to take care where he changed planes.
I think you're confusing the ICJ with the ICC.
The International Court of Justice (ICJ) settles legal disputes between UN member States, and it's rulings are expected to be upheld and enforced by UN States, or ultimately the UN Security Council.
The International Criminal Court is the one that can issue arrest warrants against individuals.
> The ICJ can issue warrants for individuals, and the many signatories are then obliged to arrest those people should they travel.
South Africa who has been allowed to instrumentalize the court, because it is politically convenient. A few months ago, South Africa was leaving the ICC...
"South Africa moves to quit ICC over Putin arrest warrant — then backs down" - https://www.politico.eu/article/south-africa-cyril-ramaphosa...