Fake heroes, a monstrous civilization, and the true hero: South Africa

SOUTH AFRICA SERIES PART 1

The International Court of Justice's Israel ruling in questions and answers

Screen heroes, keyboard warriors, and two-faced—or even more—politicians who shout and scream with the rhetoric of a street peddler. Bow down before South Africa. Apologize to humanity.

In reality, international law is a law left to the mercy of the powerful, lacking enforcement and support. It is the law of the strong. It is even a law applied by the victims of imperialism. Israel is a monster state. It has taken root everywhere, like creeping vines. It is fed from all sides. It has very secret powers. In fact, the United States stands at the front and head of these powers.

There is a very long road ahead for humans to become truly human. Instead of becoming human, humanity tends to become monstrous.

Look at the TV series; there isn't one without an obsession with the mafia. There are the wealthy, and these wealthy people are also the mafia. They have palace-like villas on the Bosphorus. Young people dream of becoming a mafia boss.

Israel and the US are the most rabid mafia states. Can you imagine? The US does not deliver the F-35s we paid for. It does not return our money either. It does not give us the F-16s we want to buy with our own money. There you have it: the most rabid and vile mafia state.

Now, it falls upon us to understand this International Court of Justice and its ruling. It is to stand with the heroic, civilized South Africa.

I have tried to examine and explain the subject through a question-and-answer method for easier understanding. I hope my service will be useful for the sake of justice.

QUESTION-1-

WHAT IS THE INTERNATIONAL COURT OF JUSTICE AND HOW DOES IT ADJUDICATE?

It is the principal judicial organ established by the United Nations (UN). Along with the Security Council, the General Assembly, the Secretariat, and the Economic and Social Council, it is one of the five main organs of the UN active today. Like many international judicial bodies, it is located in The Hague, Netherlands.

The primary task of the ICJ is to settle legal disputes between states and to provide advisory opinions to UN organs and agencies.

Just as courts in domestic law cannot act on their own initiative and can only exercise their judicial authority when a case is brought before them, the ICJ's ability to act regarding a legal dispute depends on a case being brought before it. In this context, the exercise of the ICJ's jurisdiction arises in different ways. As stated above, UN member countries are automatically parties to the Statute of the Court. South Africa and Israel, like our country, are UN members and, by nature, are parties to the Statute.

For this, the states involved in the dispute must agree to bring the matter to the ICJ. In this procedure, regulated by Article 36/1 of the Statute, the parties present their arguments regarding the dispute and the issues they want the Court to resolve. The decision the Court will render is binding, and beyond that, it constitutes a source for international law.

The International Court of Justice (ICJ) is the highest judicial organ of the United Nations.

The Court was established by the United Nations Charter in June 1945 and began its activities in April 1946.

The High Court consists of 15 judges elected for a 9-year term by the UN General Assembly and the Security Council.

The seat of the Court is at the Peace Palace in The Hague, Netherlands.

The Court has two important functions;

First, to render decisions on the resolution of legal disputes submitted by states parties to the convention, in accordance with international law.

The other is to provide advisory opinions on legal questions.

The decisions of the International Court of Justice are binding, and there is no statute of limitations for genocide crimes.

WHAT IS THE SUBJECT OF THE CASE?

In its 84-page application filed on December 29, 2023, on the grounds that the Genocide Convention was violated by Israel, South Africa explains the basis of its application, the facts, its claims, and evidence in quite some detail. Paragraph 111 and the following paragraphs of the petition express the requests for which it asks the Court to make a decision. Accordingly, South Africa has requested the Court to make the following decisions:

(1) The Republic of South Africa and the State of Israel have duties and responsibilities for the Prevention and Punishment of the Crime of Genocide. They must act in accordance with their obligations under the Convention.

(2) The State of Israel has violated and continues to violate its obligations under the Genocide Convention, particularly Article I, Article II, and Article III (a), (b), (c), (d), (e), Article IV, V, and VI. This must be prevented.

(3) They must immediately cease their acts and measures that constitute a violation of their obligations arising from the Genocide Convention.

(4) As required by Articles I, IV, V, and VI, they must ensure the punishment of persons who commit the crime of genocide, conspire to commit genocide, directly and publicly incite genocide, attempt to commit genocide, or are complicit in genocide, in a competent national or international court.

(5) To this end, and as required by the obligations arising from Articles I, IV, V, and VI, it is requested that they collect and preserve evidence of acts of genocide committed against Palestinians in Gaza and those displaced in Gaza, allow the collection and preservation of such evidence, and not directly or indirectly obstruct it.

(6) As required by the obligation to prevent genocide under Article I, it is requested that they allow displaced Palestinians to return to their homes in a safe and dignified manner, fully respect human rights, protect them against discrimination, persecution, and similar acts, and fulfill the obligation of reparation for the benefit of Palestinian victims, including but not limited to providing what is necessary for the reconstruction of what was destroyed in Gaza;

(7) Provide assurances and guarantees that the violations of the obligations of the Genocide Convention, particularly Articles I, III (a), III (b), III (c), III (d), III (e), IV, V, and VI, will not be repeated.

(8) The Statute also allows the Court to take provisional measures to prevent serious and irreparable harm until a final decision is reached. In accordance with Article 41 of the Statute and the Rules of the Court, the Court will decide on these measures if it deems them necessary, and these requests will be handled as a priority. For this very reason, hearings regarding provisional measures were held on January 11 and 12, immediately after the case was opened on December 29. The Court had previously rendered decisions on provisional measures in the Gambia v. Myanmar case and the Ukraine v. Russia case.

South Africa expresses its requests for provisional measures in paragraph 144 and the following paragraphs of its petition. Accordingly, South Africa has requested the Court to decide on the following provisional measures:

(9) Israel must immediately suspend its military operations in and against Gaza.

(10) Israel must ensure that any military or irregular armed unit that may be directed, supported, or influenced by it, as well as all organizations and persons that may be subject to its control, direction, or influence, do not take any steps to advance military operations.

(11) South Africa and Israel must take all reasonable measures within their power to prevent genocide in relation to the Palestinian people, in accordance with their obligations under the Genocide Convention.

(12) Israel must, in accordance with its obligations under the Genocide Convention, prevent the commission of any act within the scope of Article II of the Convention in relation to the Palestinian people, a group protected by the Convention, particularly the acts specified below.

(13) Not killing members of the group;

(14) Not causing serious bodily or mental harm to members of the group;

(15) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and taking measures intended to prevent births within the group.

(16) In connection with the request 4-c above, Israel must take all measures within its power, including removing orders, prohibitions, and restrictions, to prevent the following situations regarding Palestinians:

(17) Preventing their displacement and expulsion;

(18) Deprivations: (i) Access to adequate water and food; (ii) access to humanitarian aid, including adequate fuel, shelter, clothing, hygiene, and sanitation; (iii) medical needs and assistance; and preventing the destruction of Palestinian life in Gaza.

(19) Israel must ensure that its military, irregular armed units and individuals directed, supported, or influenced by it in any way, and institutions or persons under its control, direction, or influence do not commit the acts in requests 4 and 5 above, or directly and publicly incite genocide, conspire to commit genocide, attempt to commit genocide, or be complicit in genocide; and take steps to ensure that those who participate in these acts are punished in accordance with the Genocide Convention.

(20) Israel must 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 Genocide Convention; to this end, Israel must not act in a way that would deny or otherwise restrict access to Gaza by fact-finding missions, international mandates, and other bodies to help ensure the protection and preservation of such evidence.

(21) Israel must submit a report to the Court on all measures taken to give effect to this order, within one week from the date of this order and thereafter at regular intervals as determined by the Court, until a final decision is reached by the Court.

(22) Israel must ensure that no action is taken that would aggravate or extend the dispute before the Court or make it more difficult to resolve, and must not act in such a way itself.

From now on, the duty falls upon the world public opinion. This oppression and this rabid state of Israel must not go unpunished.