The Independent – January 3, 2024
White House dismisses South Africa’s genocide case against Israel as ‘meritless’
Andrew Feinberg
The White House has condemned South Africa’s decision to formally accuse Israel of genocide in charges filed at the International Court of Justice, calling the allegations brought by Pretoria “meritless”.
National Security Council spokesperson John Kirby slammed South Africa’s case as being without merit in response to a question at Wednesday’s White House press briefing.
Mr Kirby also said that the court submission was “counterproductive and completely without any basis in fact whatsoever”.
South Africa brought the charges to the United Nations’s top court at The Hague on 29 December, citing prohibitions against genocide under international law banning killings or other actions “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
The case accuses Israel of acting “in violation of its obligations under the Genocide Convention” while conducting the war against Hamas it has been prosecuting since the 7 October 2023 terrorist attacks by the militant group killed more than 1,000 Israelis.
In the intervening months, the Hamas-run Gaza health ministry has said more than 21,000 Gaza residents have been killed, including more than 300 killed in UN-run shelters.
According to the ICJ, Israel is specifically accused of “acts and omissions” that “are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza”.
In response, Israel said the South African court action amounts to the country “calling for the destruction of the State of Israel”.
“Israel is committed to international law and acts in accordance with it, and directs its military efforts only against the Hamas terrorist organization and the other terrorist organisations cooperating with Hamas,” the Israeli government said in a statement, adding later that Israel Defence Forces make “every effort to limit harm to the non-involved and to allow humanitarian aid to enter the Gaza Strip”.
https://www.the-independent.com/news/world/americas/us-politics/south-africa-genocide-israel-b2472853.html
Information Clearing House - January 7, 2024
South Africa’s genocide case against Israel, explained
By Umar A Farooq
South Africa embroiled itself into a major legal battle with Israel when it filed a petition at the International Court of Justice and called on the body to investigate whether Israel was committing genocide against Palestinians since it began its latest assault on Gaza.
The 84-page application is the most significant call for Israel’s actions to be labelled a genocide, and comes as the Palestinian death toll in Gaza nears 23,000, with the majority of the recorded fatalities being women and children.
The application says Israel’s actions are “genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group.”
Israel has rejected the filing, calling it a “blood libel” – a reference to antisemitic lies that originated in the Middle Ages that Jews murdered Christian boys to use their blood for religious rituals.
Middle East Eye has broken down the application’s main points and explains what impact a decision from the international court could have.
What is the reason behind the filing?
South Africa has for decades backed the Palestinian cause for statehood both domestically, and internationally including at the United Nations. South Africa likens the treatment of Palestinians living under occupation to the treatment of its Black citizens during the apartheid era.
Several leading international human rights groups have made a similar comparison, and categorised Israel’s treatment of Palestinians as apartheid, a label that Israel vociferously rejects.
In its application to the ICJ, South Africa cites this treatment of Palestinians prior to the latest war as a preliminary factor to what it describes as an ongoing genocide.
“Against a background of apartheid, expulsion, ethnic cleansing, annexation, occupation, discrimination, and the ongoing denial of the right of the Palestinian people to self-determination — Israel, since 7 October 2023 in particular, has failed to prevent genocide,” the application says.
South Africa also said in its application that it conveyed its concerns about Israel’s military actions in Gaza to Israel on multiple occasions, and did not receive any response.
On 21 December, the country sent a note verbale – a formal, unsigned diplomatic note – to the Israeli embassy raising concerns that Israel was meeting the threshold for genocide. The application says Israel did not respond directly to the note.
As a result, South Africa ultimately chose to submit the application, urging the international court to hear its claim of genocide, and force Israel to respond to the allegation.
What is the Genocide Convention?
When it comes to the issue of genocide, international law recognises the definition laid out in Article II of the UN’s Genocide Convention and the Rome Statute of the International Criminal Court.
This definition, widely accepted by more than 130 countries including the US, Germany, France, and the UK, states that genocide means acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
Both Israel and South Africa are parties to the Genocide Convention, meaning that they are obligated to “take measures to prevent and to punish the crime of genocide”, such as enacting legislation or punishing those deemed guilty of the crime.
The convention was formalised on 9 December 1948 in response to the atrocities committed during World War 2, namely the Holocaust in which six million Jews were killed.
‘Genocidal acts committed against Palestinians’
In the application, South Africa lays out several acts committed by Israel since 7 October that it states are “genocidal in character”.
The first act is the killing of more than 20,000 Palestinians in Gaza, of whom the majority are women and children. While Israel has said that the military is not targeting civilians and is seeking to eliminate the armed group Hamas, others including Israel’s close ally the US have described its aerial bombing campaign as indiscriminate.
In addition to the killings, Israel has also injured more than 55,000 Palestinians in the enclave, which South Africa says triggers the definition in the Genocide Convention of “causing bodily harm” to a group of people.
South Africa’s application also highlights Israel’s targeting of hospitals by bombing them and laying siege to them, saying that this is only adding to the deaths of Palestinians.
“There are no functioning hospitals in the North of Gaza, in particular, such that injured persons are reduced to ‘waiting to die’, unable to seek surgery or medical treatment beyond first aid, dying slow, agonising deaths from their injuries or from resultant infections,” the application said.
Other “genocidal acts” South Africa references include: mass forced displacement and bombing residential areas; deprivation of access to adequate food and water; destruction of the life of the Palestinian people in Gaza; imposing measures intended to prevent Palestinian births.
“Across Gaza, Israel has targeted the infrastructure and foundations of Palestinian life, deliberately creating conditions of life calculated to bring about the physical destruction of Palestinian people,” the application says.
“In addition to the attacks previously cited on homes, neighbourhoods, hospitals, water systems, agricultural lands, bakeries and mills, Israel has also targeted the foundational civil system in Gaza.”
Israel’s bombardment of Gaza has destroyed or damaged 70 percent of all homes in the enclave, and forced 85 percent of the 2.3 million person population into mass displacement.
It has also bombed mosques, churches, and universities, among more than 100 heritage sites targeted by Israeli forces.
Genocidal intent from Israeli officials
The case for genocide is often difficult to prove, because according to the definition laid out in the convention, the intent to commit the acts must be made clear.
Israel’s military has repeatedly stated throughout its military operation that it does not intend to kill civilians, and that it is only targeting Hamas.
South Africa’s application, however, also provides numerous statements from Israeli leaders that it says shows clearly the country’s intent on “committing genocidal acts or to fail to prevent them”.
One of the examples cited was from 12 October when Israeli President Isaac Herzog said there was no distinction between armed fighters and civilians in Gaza.
“It’s an entire nation out there that is responsible. It’s not true this rhetoric about civilians not aware, not involved. It’s absolutely not true. … and we will fight until we break their backbone,” Herzog said.
On 9 October, Defence Minister Yoav Gallant announced Israel was imposing a full siege on Gaza, cutting off electricity and water to the enclave, and went on to call the residents of Gaza “human animals”.
On 10 November 2023, Israeli National Security Minister Itamar Ben Gvir said in a televised address that when Israel says it will destroy Hamas, this includes “those who celebrate, those who support, and those who hand out candy – they’re all terrorists, and they should also be destroyed”.
The next day, on 11 November, Israel’s agriculture minister said “[W]e are now actually rolling out the Gaza Nakba”, in reference to the killing and forced displacement of hundreds of thousands of Palestinians during the creation of Israel in 1948.
Who else has described what’s going on as genocide?
While South Africa became the first country to submit such an application before the ICJ since the war began in October, many other countries, individuals, and organisations have labelled Israel’s actions in Gaza as genocide.
In addition to Palestinian Authority President Mahmoud Abbas, the presidents of Algeria, Bolivia, Brazil, Colombia, Cuba, Iran, Turkey, and Venezuela have all labelled Israel’s actions as a genocide.
Just two weeks into the war, more than 800 scholars penned a letter warning that Israel was at risk of committing genocide against the residents of Gaza – the signatories included prominent Holocaust scholars and experts on genocide.
Since then, several high-level UN officials have also issued grave warnings that Israel could be committing genocide.
On 2 November, eight UN special rapporteurs said they “remain convinced that the Palestinian people are at grave risk of genocide”. Two weeks later on 16 November, 15 UN special rapporteurs warned that Israel’s actions in response to the 7 October attacks “point to a genocide in the making”.
At the end of October, Craig Mokhiber, the director of the New York Office of the High Commissioner of Human Rights (OHCHR), resigned from his post citing the “text-book case of genocide,” unfolding in Gaza.
Prior to South Africa’s submission, there was also another lawsuit filed in the United States describing Israel’s operations in Gaza as genocide. On 13 November, several Palestinian families assisted by the Center for Constitutional Rights filed a lawsuit accusing the US of failing to prevent a genocide of Palestinians in Gaza.
Using a similar argument to South Africa, the lawsuit cites that because the US is a party to the Genocide Convention, and because it is providing military and diplomatic support to Israel, it is guilty of failing to prevent genocide and is also guilty of being complicit in Israel’s actions.
What is the ICJ and will a decision have any impact?
The ICJ is one of the six principal organs of the United Nations and is separate from the International Criminal Court (ICC), which tries individuals for war crimes and crimes against humanity.
While the court has the authority to settle disputes between countries, it has no power to enforce its decisions despite them being legally binding.
Analysts have previously told MEE that while the ICJ’s decisions are difficult to enforce, they can help shift narratives around the world. And weighing in on whether Israel is committing genocide has the potential to cause serious harm to Israel’s international reputation and relations with other countries.
War on Gaza: The fate of global justice hangs on South Africa’s ICJ case
“A decision by the ICJ would represent a symbolic victory for Palestinians on the international stage, but it is unlikely that it will change much for Palestinians living under Israeli occupation and apartheid,” Tariq Kenney-Shawa, a US policy fellow for Al-Shabaka, The Palestinian Policy Network, previously told Middle East Eye in the context of a previous ICJ probe into alleged war crimes committed by Israel against Palestinians.
Kenney-Shawa added that if the ICJ were to rule against Israel, it would likely “serve as the latest example of the inherent limitations of the international legal system that relies on enforcement by only a few powerful states, namely the US and the West, Israel’s staunchest defenders.”
In March 2022, the ICJ sided with Ukraine after Kyiv submitted an application accusing Russia of genocide over its invasion of the country. The court ordered Russia to halt its military operations in the country.
Almost two years later, Russia continues its military operations in the country with no end in sight as it currently stands.
Still, the current case presented against Israel has caused it to forgo its decades-long policy of ignoring the court. The country is putting forward a defence against the allegations, even as it grows more isolated on the international stage over its assault on Gaza, with countries including Turkey and Malaysia backing South Africa’s case.
Francis Boyle, an international human rights lawyer who previously worked on the Bosnian genocide case, told Democracy Now in an interview: “South Africa will win an order against Israel.”
Yemen Online – January 6, 2024
Nasrallah Mocks US-Led Naval Coalition Against Houthis For Including Seychelles
Hezbollah leader Hassan Nasrallah in his Friday speech praised Yemen’s Houthi movement and mocked Operation Prosperity Guardian, the US-led multinational naval coalition formed to protect commercial traffic from Houthi attacks in the Red Sea.
While much of Mr Nasrallah's speech focused on condemning Israel and the US, he also turned his attention on an unexpected target – the small island nation of the Seychelles, which recently joined the maritime coalition.
“‘Senshel’, ‘Menshel’, whatever its name is … I had to google it to find out where it even is,” he said, laughing. “Turns out it’s an island at the end of the earth.”
The Seychelles is the smallest country in Africa and the least populated, with an estimated 100,600 people living there. It also has the most prosperous economy in sub-Saharan Africa and is reliant on tourism and fishing.
Meanwhile, Lebanon is in a state of protracted economic crisis that is considered by the World Bank to be among the worst in modern history.
The Seychelles is not, however, known for having a powerful navy.
Yemen's Houthis have attacked commercial ships in the Red Sea, disrupting global supply routes with the intended strategy of exerting international pressure on Israel to deter it from its invasion of Gaza.
Mr Nasrallah was mocking what he portrayed as the US inability to attract larger nations to join the maritime task force against the Houthis.
Some US allies have been reluctant to associate themselves with the coalition due to Washington's enduring support for Israel despite rising international criticism of the war. More than 22,438 Palestinians have been killed in Israel’s assault on Gaza so far.
The US says 20 countries have signed up for the naval coalition, but announced the names of only 12. And although Britain, Greece and others have publicly embraced the coalition, several countries mentioned in the US announcement, such as Italy and Spain, were quick to distance themselves from it.
“The countries he [US Secretary of Defence Lloyd Austin] announced as part of the coalition came out and said: ‘Bro, we aren't part of this coalition, no one talked to us about it, and we have nothing to do with it’ – and then they withdrew,” Mr Nasrallah joked.
Hezbollah has since October been embroiled in a cross-border conflict with Israel in an attempt to force it to split its focus amid its invasion of Gaza, in support of its ally Hamas, which controls the blockaded strip.
The group is part of the so-called Axis of Resistance, a coalition of Iran-backed groups with interconnected political agendas.
Mr Nasrallah’s mispronunciation of the Seychelles quickly grew popular on social media and a Change.org petition was created, to “change the name of the island to make it easier to google -we recommend Senshel Menshel”.
The US-led task force has so far failed to deter Yemen’s Houthis from attacking commercial vessels in the Red Sea.
https://yemenonline.info/Focus/7684
The Defense Post – January 4, 2024
Indian Army Deploys Armored Troop Carriers in Kashmir Following Ambush
By Inder Singh Bisht
The Indian Army has deployed armored vehicles in the disputed Jammu and Kashmir region.
An unknown number of Armado Armored Light Specialist Vehicles (ALSV) have been deployed in the terror-stricken northern territory bordering Pakistan, Janes reported, citing an Indian Ministry of Defence spokesperson.
The deployment follows the death of three Indian Army soldiers in a terrorist ambush in the territory’s Poonch district on December 21.
The soldiers were conducting an anti-terror operation when their vehicles were fired upon, raising safety questions about the troop carriers.
A total of 41 soldiers have been killed in Poonch-Rajouri sector in terror-related incidents since 2021.
Armado ALSV
The Indian military began receiving the first batch of 40 Mahindra Defence Systems (MDS) vehicles in June under a 10.56 billion Indian rupee ($126.78 million) contract.
The service plans to induct the entire lot of 1,300 vehicles by 2025, according to Janes.
Features
The troop carrier comes with ballistic and blast protection up to B7, Stanag Level II, enough to withstand armor-piercing rounds.
It features a 3.2-liter, 215 HP multi-fuel diesel engine with 4/6 speed automatic transmission, enabling it to attain a speed of over 120 kilometers (74 miles) per hour.
It can run on flat tires and has a payload capacity of 1,000 kilograms (2,204 pounds), enough to transport ammunition and a crew of four, configurable for up to eight people, including the driver.
Its modular design allows it to be configured for a variety of roles, such as reconnaissance and troop transport through conflict zones in hills, deserts, and open fields.
https://www.thedefensepost.com/2024/01/04/indian-armored-carrier-kashmir/
Pakistan Cricket Team Needs Introspection
By Syed Rifaquat Ali
In the ongoing ICC World Test Championship, Australia thrashed Pakistan 3-0, winning the Test matches in Perth, Melbourne and Sydney. Pakistan performed well, but in patches, not enough to outclass the opponents. It is time for Pakistan players and coaches to introspect and pinpoint the weak spots which helped the kangaroos to beat the 1992 World Cup champions, under the leadership of the great Imran Khan, unfortunately languishing in Adiala jail in Pakistan. First, the selection of Pakistan had been improper and without a vision.
In the first Test in Perth, Pakistan played with four fast bowlers and without a single spinner. I have played first class cricket myself and wrote for The Cricketer International edited by the celebrated writer-author, the late Christopher Martin-Jenkins, and never came across a Test team playing without a spinner. Wahab Riaz, a tyro in cricketing matters, is a poor choice to wear the mantle of chief selector. Secondly, fast bowlers, Jamal, Hamza and Shahzad were debutants in the opening Test in Perth which was a short-sighted selection. It was like throwing the lambs to the wolves.
Obviously, fast bowler Shaheen Shah Afridi had little support from the trio. Thirdly, the openers, Imam-ul-Haq and Abdullah Shafiq, were at sea to face the Australian fast bowlers on a bouncy Perth wicket. And Pakistan must immediately undergo the exercise to find their replacements without any hesitation. The opening slot is for batsmen who are well-conversant with the movement of the new ball. It requires highly technical skill to face the new ball. And if the openers are cheaply out, the middle order too crumbles. And that is what happened with the Pakistan team in all the three Tests.
Fielding is another major problem with the Pakistan team. Catching is the poorest. More than a dozen catches were dropped at crucial stages in all the three Tests, and the Kangaroos thrived on it. The dictum is: hold catches and win matches. It seems the coaches attach no importance to physical fitness. The concentration is only on batting and bowling.
Most unwise and foolish. When I asked Franz Cronje, brother of the late Hansie Cronje, in an interview: what are the attributes required to play for South Africa, he replied: you cannot play for South Africa, however great a batsman or bowler you are, unless you are a great fielder. A lesson for Pakistan coaches and trainers. Last but not least, proper selection of the national team is imperative.
Amazingly, Pakistan has not been able to produce spin bowlers without which a team is weakened and bites the dust in international matches. The Pakistan Cricket Board (PCB) must wake up to take cognizance of the issues raised in this article, else the team will continue to suffer beyond comprehension. It beats my wit that with men like Imran Khan and a host of icons in the land, Pakistan is lowly placed in ICC Rankings.
Syed Rifaquat Ali is JoA correspondent in Sydney
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