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Category: Law/Crime

Will the ICJ find Israel guilty of genocide?

Will the ICJ find Israel guilty of genocide?

The Israeli human rights lawyer Michael Sfard, says: Contrary to what many people think, the Nazis were not tried for genocide. The crime of genocide did not exist in the “London Agreement,” which is the charter of the Nuremberg Military Tribunal. They were tried instead for the crime of extermination. But after Nuremberg, the argument arose that the crime of extermination was not enough, and that it did not grasp the peculiarity of mass extermination designed to wipe out a…

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Russia finds way around sanctions on battlefield tech, report finds

Russia finds way around sanctions on battlefield tech, report finds

Politico reports: Russia has largely succeeded in finding ways to get around sanctions on the technology it needs to fight its war against Ukraine, and that means the West needs to make the trade curbs more effective if it is to restrict Vladimir Putin’s aggression. That’s the main takeaway of an in-depth report by a U.S.-Ukrainian research team, which found that Russian imports of “battlefield goods” sanctioned by Washington and its allies totaled nearly $9 billion from January to October…

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January 6 is exactly what the Fourteenth Amendment was talking about

January 6 is exactly what the Fourteenth Amendment was talking about

Quinta Jurecic writes: The second impeachment trial of Donald Trump, concerning his role in the January 6 coup attempt, began on February 9, 2021. Almost exactly three years later, on February 8, 2024, the Supreme Court will hear oral arguments over whether that last, desperate effort to illegally hold on to power might now disqualify Trump from returning to the Oval Office. Many commentators have argued that the nine justices should overturn the Colorado Supreme Court’s decision barring Trump’s candidacy…

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Why South Africa has asked the ICJ to order an immediate suspension of Israel’s military operations in and against Gaza

Why South Africa has asked the ICJ to order an immediate suspension of Israel’s military operations in and against Gaza

  Addressing the International Court of Justice, Professor Vaughan Lowe KC said: First, some will ask why South Africa does not seek any court order against Hamas. This case concerns Israel’s action in Gaza, which is territory that, three weeks ago in Resolution 2720, the Security Council stressed is “an integral part of the territory occupied in 1967” by Israel. As the court will understand, Hamas is not a State and cannot be party to the Genocide Convention; and it…

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Self-defense can never justify genocide

Self-defense can never justify genocide

In an editorial, The Guardian says: The definition of genocide is simple: a crime committed with the intent to destroy a national, ethnic, racial or religious group, in whole or in part. Its determination is much more complex. The legal threshold is high. Nonetheless, judges at the international court of justice (ICJ) in The Hague could issue an interim ruling on the charges against Israel within weeks. A decision on which of the provisional measures requested by South Africa should…

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ICJ case against Israel could finally empower the genocide convention

ICJ case against Israel could finally empower the genocide convention

Julian Borger writes: Just a month after its 75th anniversary, the genocide convention could be entering a new age of greater relevance as the international court of justice convenes in The Hague to consider the Israel-Gaza war. South Africa has brought a case to the ICJ accusing Israel of committing genocide in its military response to the 7 October Hamas attack that killed hundreds of Israeli civilians. The South African case includes references to the Israeli use of blanket bombing…

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Nelson Mandela’s support for Palestinians endures with South Africa’s genocide case against Israel

Nelson Mandela’s support for Palestinians endures with South Africa’s genocide case against Israel

The Associated Press reports: Barely two weeks after he was released from prison in 1990, Nelson Mandela flew to Zambia to meet with African leaders who had supported his fight against South Africa’s apartheid system of forced racial segregation. One figure stood out among the men in dark suits eagerly waiting to greet Mandela on the airport tarmac: Palestinian leader Yasser Arafat, wearing his black and white checkered keffiyeh headdress, had traveled to see the newly freed Mandela. He grabbed…

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Democrats propose bill to neuter militias

Democrats propose bill to neuter militias

Vice reports: Militias who like to spend their weekends training to overthrow the government could find themselves running afoul of federal law, under new legislation being proposed in the House and Senate Thursday that seeks to curtail paramilitary activity. The “Preventing Private Paramilitary Activity Act” is being introduced by Senator Ed Markey from Massachusetts, and Congressman Jamie Raskin of Maryland, both Democrats. The legislation would prohibit publicly patrolling, drilling or engaging in harmful or deadly paramilitary activities, interfering with or…

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‘We should be worried’: Israel faces peril at The Hague in Gaza ‘genocide’ case

‘We should be worried’: Israel faces peril at The Hague in Gaza ‘genocide’ case

The Times of Israel reports: Israel, on Thursday, will for the first time in its history find itself in the dock in the International Court of Justice in The Hague — charged with genocide. Although the idea that Israel is committing genocide in the war in Gaza, meaning intentionally murdering Palestinian civilians, might seem outlandish to some, the allegations are extremely serious and even an interim ruling against Israel could have a severe impact on its international status and global…

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Trump’s legal arguments are getting increasingly embarrassing

Trump’s legal arguments are getting increasingly embarrassing

Jeremy Stahl writes: On Tuesday, former President Donald Trump’s attorneys tried to convince a panel of the U.S. Court of Appeals for the District of Columbia Circuit that their client is entitled to “absolute immunity” from criminal prosecution for the actions he took while in office related to Jan. 6 and his efforts to steal the 2020 election. Their argument? That Trump was president, so it doesn’t matter. The three judges did not seem impressed. They are poised to rule…

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Calm down, the allegations against Fani Willis won’t put Trump’s Georgia prosecution at risk

Calm down, the allegations against Fani Willis won’t put Trump’s Georgia prosecution at risk

Shan Wu writes: There is something to worry about in a motion filed today by a Donald Trump co-defendant seeking to dismiss the indictment and disqualify Fulton County District Attorney Fani Willis. But the worry has nothing to do with the criminal prosecution. The motion was filed by attorney Ashleigh Merchant who represents Trump co-defendant Michael Roman—a former Trump campaign official—and accuses DA Willis of misconduct, conflict of interest, and even possible federal crimes based upon Merchant’s unsupported claim that…

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Why Israel should be very worried by genocide case at International Court of Justice

Why Israel should be very worried by genocide case at International Court of Justice

  Owen Jones: “You might think that South Africa’s case against Israel for genocide is doomed – that Israel will just ignore the International Court of Justice if it issues a provisional ruling ordering it to cease its murderous onslaught against Gaza. “But as lawyer Daniel Machover explains – this could have major consequences for Israel. He explains – very clearly – what the legal case means – and where it could lead.” The New Arab reports: Jordan’s foreign minister…

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How apartheid history shaped South Africa’s genocide case against Israel

How apartheid history shaped South Africa’s genocide case against Israel

Chris McGreal reports: Israel has denounced South Africa’s legal action at the international court of justice accusing Israel of genocide and war crimes in Gaza as amounting to support for Hamas. Israel called the charge that it was intentionally killing thousands of Palestinian civilians – which the ICJ is expected to start hearing on Thursday – a “blood libel”. Jewish organisations in South Africa accused the ruling African National Congress of siding with terrorism and antisemitism. But South Africa’s lawsuit…

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Israel tasks ex-Supreme Court chief Aharon Barak to serve at Hague genocide hearings

Israel tasks ex-Supreme Court chief Aharon Barak to serve at Hague genocide hearings

The Times of Israel reports: Retired Supreme Court President Aharon Barak, 87, will be Israel’s appointee to the 15-judge panel at the International Court of Justice in The Hague that will this week hear South Africa’s case accusing Israel of genocide in Gaza, Jerusalem announced Sunday. The Foreign Ministry confirmed Barak’s appointment to The Times of Israel. Barak’s name was suggested by the International Department of the State Attorney’s Office, backed by Attorney General Gali Baharav Miara and personally approved…

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CPJ urges investigation into whether Israel is targeting journalists in air strikes

CPJ urges investigation into whether Israel is targeting journalists in air strikes

The Committee to Protect Journalists has called for an independent investigation into an Israeli drone strike that killed Al-Jazeera journalist Hamza Al Dahdouh, who is the son of Al-Jazeera Gaza bureau chief Wael Al Dahdouh, and freelance journalist Mustafa Thuraya on Sunday as they drove their car to an assignment in southern Gaza. “The killings of journalists Hamza Al Dahdouh and Mustafa Thuraya must be independently investigated, and those behind their deaths must be held accountable. The continuous killings of…

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Trump tries reappropriating ‘insurrection’ on Jan. 6 anniversary

Trump tries reappropriating ‘insurrection’ on Jan. 6 anniversary

The Washington Post reports: Republican polling leader Donald Trump observed the third anniversary of the Jan. 6, 2021, attack on the U.S. Capitol by glorifying people charged in the riot, repeating baseless claims that left-wing or government interlopers caused the breach, and attempting to turn the term “insurrection” against his political opponents. The remarks were part of an ongoing escalation of Trump’s and other Republicans’ efforts to minimize, justify and deny the violence of three years ago while also defending…

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