peacefare.net

Netanyahu should resign, but he won’t

These are the “provisional measures” in today’s decision at the International Court of Justice on Israeli behavior in Gaza:

(1) The State of Israel shall immediately suspend its military operations in and against
Gaza.

(2) The State of Israel shall ensure that any military or irregular armed units which may
be directed, supported or influenced by it, as well as any organisations and persons
which may be subject to its control, direction or influence, take no steps in
furtherance of the military operations referred to [in] point (1) above.

(3) The Republic of South Africa and the State of Israel shall each, in accordance with
their obligations under the Convention on the Prevention and Punishment of the
Crime of Genocide, in relation to the Palestinian people, take all reasonable
measures within their power to prevent genocide.

(4) The State of Israel shall, in accordance with its obligations under the Convention on
the Prevention and Punishment of the Crime of Genocide, in relation to the
Palestinian people as a group protected by the Convention on the Prevention and
Punishment of the Crime of Genocide, desist from the commission of any and all
acts within the scope of Article II of the Convention, in particular:
(a) killing members of the group;
(b) causing serious bodily or mental harm to the members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group.

(5) The State of Israel shall, pursuant to point (4) (c) above, in relation to Palestinians,
desist from, and take all measures within its power including the rescinding of
relevant orders, of restrictions and/or of prohibitions to prevent:
(a) the expulsion and forced displacement from their homes;
(b) the deprivation of:
(i) access to adequate food and water;
(ii) access to humanitarian assistance, including access to adequate fuel,
shelter, clothes, hygiene and sanitation;
(iii) medical supplies and assistance; and
(c) the destruction of Palestinian life in Gaza.

(6) The State of Israel shall, in relation to Palestinians, ensure that its military, as well
as any irregular armed units or individuals which may be directed, supported or
otherwise influenced by it and any organizations and persons which may be subject
to its control, direction or influence, do not commit any acts described in (4) and (5)
above, or engage in direct and public incitement to commit genocide, conspiracy to
commit genocide, attempt to commit genocide, or complicity in genocide, and
insofar as they do engage therein, that steps are taken towards their punishment
pursuant to Articles I, II, III and IV of the Convention on the Prevention and
Punishment of the Crime of Genocide.

(7) The State of Israel shall take effective measures to prevent the destruction and
ensure the preservation of evidence related to allegations of acts within the scope of
Article II of the Convention on the Prevention and Punishment of the Crime of
Genocide; to that end, the State of Israel shall not act to deny or otherwise restrict
access by fact-finding missions, international mandates and other bodies to Gaza to
assist in ensuring the preservation and retention of said evidence.

(8) The State of Israel shall submit a report to the Court on all measures taken to give
effect to this Order within one week, as from the date of this Order, and thereafter
at such regular intervals as the Court shall order, until a final decision on the case is
rendered by the Court.

(9) The State of Israel shall refrain from any action and shall ensure that no action is
taken which might aggravate or extend the dispute before the Court or make it more
difficult to resolve.

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf

While some media have headlined this to indicate the ICJ did not order a ceasefire, it is hard to see how Israel could comply without one, in particular with item (1). Israel’s ad hoc judge, appointed for this specific case, voted with a Ugandan judge against items 1, 2, 5, and 6.

Prime Minister Netanyahu rejected what he termed these “outrageous” decisions. This failure in court represents the latest in a series of clamorous Netanyahu failures. His governments have failed to cut support for Hamas, which he viewed as preventing a cohesive Palestinian Authority, giving him an excuse not to negotiate. His government failed to foresee the October 7 Hamas attack and to respond quickly and effectively. The Israel Defense Forces have failed in the 3.5 months since to achieve their declared objectives of destroying Hamas and gaining freedom for most of the hostages.

He should resign but likely won’t. He regards himself and his fate as the equivalent of the Israeli state’s. L’etat c’est lui. Only 15% of the country wants him as prime minister once the war is over. A resignation now would end not only his political career but likely also his personal freedom, as he would then have to face corruption charges.

Netanyahu has steered Israel in an illiberal ethnonationalist direction for much of the past 30 years, during which he has served as prime minister for 16. He has consistently opposed a Palestinian state. He now governs with blatant racists and Jewish supremacists whose behavior has convinced the ICJ that Israel is committing genocide. If Israel faces an existential threat, Netanyahu has created it. It is time for him to go.