The provisional measures announced today by the International Court of Justice in the case brought by South Africa against Israel has recognized the terrible brutality and genocidal rhetoric directed by the Israeli regime against Palestinians, formally acknowledging this reality in a principle body of international law. At the same time, the Court failed to live up to the expectations of the people of the world, who have been demanding in huge numbers an immediate ceasefire.
Following the ICJ’s announcement, South African Foreign Minister Naledi Pandor noted that she “would have wanted that the word ‘cessation’ is included in the judgment” but is “satisfied with the directives that have been given.” She explained that a close reading of the judgment is a de facto call for ceasefire because “in exercising the order there would have to be a ceasefire.” This will undoubtedly be the line of argument that South Africa and many other nations will pursue in the coming weeks to hold Israel accountable at the UN Security Council.
In failing to order an outright halt to the Israeli war machine’s onslaught in Gaza, the ICJ is applying a double standard. When Ukraine took Russia to the Court on charges of genocide, the ICJ issued preliminary measures in March of 2022 which stated that Russia must “immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine.” The deaths of Ukrainians – overwhelmingly soldiers engaged in combat, not civilians as is the case in Gaza – was treated with much more urgency than the deaths of Palestinians. As an institution, the ICJ’s priorities reflect the strategic interests of the imperialist powers that dominate world politics.
When it suits its interests, the U.S. government loves to lecture the world about international law. For instance, during the controversy last year when a supposed Chinese “spy balloon” flew over the United States, Secretary of State Blinken told his counterpart Wang Yi that this was “a clear violation of international law.” If a simple balloon is enough to set off alarm bells in Washington about a breach of international law, then what about the murder of 12,000 children? The hypocrisy is beyond words.
The system of international law currently in place reflects a world order dominated by the big imperialist powers. As a consequence, there is no clear enforcement mechanism when it comes to addressing violations committed by those imperial powers or their allies. When the UN Security Council passed a resolution in 2011 against the then-government of Libya led by Muammar Gaddafi, NATO enforced it by bombing the country to oblivion. But when the United Nations General Assembly voted overwhelmingly last month in favor of a resolution supporting a ceasefire, unsurprisingly there was no imperialist military alliance that jumped into action to force its implementation.
Biden is a participant in this genocide. While he may have tactical differences with Netanyahu at times, he remains fundamentally a co-conspirator and in fact architect of one of the gravest crimes of the 21st century. Here in the United States and all around the world, the people’s struggle will continue until the genocide in Gaza ends, Palestine is free, and war criminals are brought to justice.