INTERNATIONAL COURT OF JUSTICE: LATEST

shack

Nitpicker Extraordinaire
Oct 2, 2001
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Kautilya said:
There was no reason to ask Israel to stop incitement to genocide and stop genocidal actions, including their military, if no genocide existed.

That does not logically follow.
There's that word again and it's somebody other than I who recognizes that logic is hardly your strong suit. Are you going to challenge Valcazar's educational credentials now? Because he's clearly embarrassing you.
 

shack

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Oct 2, 2001
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Ok, shack, lets check your logic.
How do you 'prevent' killing Palestinians without having to 'stop' killing Palestinians?
Are you really that dense?

Does "prevent Israel from nuking Iran" mean that Israel has been nuking Iran and needs to stop nuking Iran?

I can't believe that I actually wasted time answering that.
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shack

Nitpicker Extraordinaire
Oct 2, 2001
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I already responded to his post above. It does logically follow.
I know you did. But it proves that there are other people than I who believe that you say things that are not logical. And further, logic dictates that my statement here cannot be disproven.
 

Frankfooter

dangling member
Apr 10, 2015
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Kautilya said:
There was no reason to ask Israel to stop incitement to genocide and stop genocidal actions, including their military, if no genocide existed.


There's that word again and it's somebody other than I who recognizes that logic is hardly your strong suit. Are you going to challenge Valcazar's educational credentials now? Because he's clearly embarrassing you.
No, he's not, shack.
Valcazar has noted both that Hamas is outside the ICJ jurisdiction and the orders given that must be abided are done through 'provisional measures'.

You are wrong.

 

Frankfooter

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Are you really that dense?

Does "prevent Israel from nuking Iran" mean that Israel has been nuking Iran and needs to stop nuking Iran?

I can't believe that I actually wasted time answering that.
The ICJ is a court, they have to hold a trial before they can say Israel is guilty of genocide.
Until then they can only order Israel not to commit genocide and 'in particular' to not kill Palestinians in Gaza.

Israel will go on trial for genocide.
That will be the end of zionists, you will forever be as loved as nazis.

 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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I am not making it unfalsifiable,
Yes you are.
In your framing, if they find during their trial on the merits that Israel is committing genocide, then Israel is committing genocide, but if they find that Israel is not committing genocide, then Israel is still committing genocide.
That's the problem.

I am also not saying it is proof of genocide, because there isn't a finding of genocide. I am saying the proof of genocide already exists, but all you are going to get from the ICJ is a tactful admission, as you have in this case.
Ahh!
That's you changing your claim, though.

"The proof already exists" is not the same thing as "The ICJ is actually saying that the genocide is happening, but they are saying it a secret, tactful admission."

That you believe the issue is already proven is something else entirely than claiming the ICJ has said it is happening, but only secretly because of the international pressure.

Now, you believing it is already proven can be viewed in its worst case as you begging the question, or it can be viewed as you being honestly convinced by the evidence shown.
The important thing here is you acknowledging that this is you thinking the proof provided in the case has settled the question, and no longer you claiming that the ICJ actually said this and the only way to read their order is that they already know that it is true and are doing what they can to say it.

Presumably you think the actual trial on the merits shouldn't happen since it has already been proven?
In fact, by your reasoning, since the ICJ will never be able to actually say it - an actual trial would be a terrible thing, since you already know the outcome will be that Israel will be declared not to be proven to be committing genocide and it will give them cover. Far better to not have the case move forward so that the answer remains ambiguous legally.

As for what constitutes genocide, yes I am using the definition of genocide per the genocide convention. And I just showed you how there is intent, incitement and action.
You just showed me that you believe there has been sufficient proof of intent, incitement, and action.
Again - that you believe the preliminary trial has already proven the case is NOT the same as claiming "The ICJ has found it to be true".
You aren't the ICJ.

Whether your belief here is just begging the question (you already knew the answer, so the evidence just confirms what you already knew) or is a case of you being convinced by what you think is overwhelming evidence is something people can debate. I don't particularly care.
My only issue was you insisting the ICJ had said that they found Israel was committing genocide, and no one can read their judgment another way.

Now that you've backed off that claim, I have no complaints.


Evidence and standards of proof, are relevant in an unbiased, just system where everyone is equal. But unfortunately the ICJ or the UN for that matter are not such organizations, because a handful of nations have enormous political mileage. So you are left with a tactful admission of genocide by the ICJ, where they carefully play the mid ground, that you have to put in context, and interpret appropriately. Being too sterile with arguments here, like you normally would be in interpreting a Canadian court's sentence, ignoring context, isn't appropriate here and amounts to obfuscation.
Oh, you aren't backing off that claim?
You don't think "it was proven in the case as far as I am concerned" it is still "it was proven, and they secretly told us"?
 

richaceg

Well-known member
Feb 11, 2009
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As valcazar just noted, Hamas is not a state and they are outside their jurisdiction.



You took a line from the conclusion and now are saying that's more important than the voted on orders to which a state must abide, in the form of 'provisional measures'. Those are rated as the most 'urgent' measures in front of the court.

There the court said that Israel must prevent, in particular, killing Palestinians in Gaza.
That's as direct and urgent as you want, shack.

Israel chose to ignore the ICJ and is prepping to increase the genocide by attacking Rafah, the last remaining area for civilians.



If you're gonna quote valcazar, do you agree then that Israel as far as ICJ is concern did not commit genocide and is advised toerr in the side of caution to not commit something that might be considered genocide?
 

richaceg

Well-known member
Feb 11, 2009
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But they did NOT find that Israel is NOT committing genocide though, so you saying I am making it unfalsifiable, is false. You are also rambling.

My points are as follows:

1. There is objective proof of genocide - intent, incitement and actions.
2. The ICJ did not explicitly absolve Israel. Why? Because there is plausible genocide. Regardless, given they do not provide guilty/not guilty verdicts, but only advisory opinions, it is important to interpret their rulings taking the history, political rhetoric, statements by politicians, public opinion and the nature of the conflict into consideration, and conclude what it actually MEANS than fixate on what it SAYS. That is not just me saying it, that is what observers on both sides are doing. When you fixate on what it SAYS, it is called "getting off on a technicality".

So, if you take - the fact that the Israel was not unequivocally absolved and exonerated by the ICJ, but instead found that there is plausible genocide, AND combine it with the fact that objective proof per #1 exists - I interpret the ICJ ruling as a tactful admission of genocide.

You can argue the other way around as well, but I am able to provide context and historical evidence to back up my interpretation as correct. Whereas someone saying Israel is not committing genocide, are not able to.

It is the same for the argument regarding a ceasefire. Pro-Israel supporters can argue that the ICJ did not ask Israel to ceasefire. But they did not ask Israel to continue the war either. Instead they asked Israel to abide by the 6 provisional measures, which cannot be implemented without a ceasefire. So I am going to say that the ICJ called for a ceasefire without explicitly calling for one. You can disagree with it, but you have to show me that you are able to implement or are already abiding by the 6 provisional measures in order to prove me wrong. But pro-Israel supportes cannot.
More brain diarrhea...LOL you can't make this shit up..
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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It is accurate to say that the ICJ has ordered Israel to abide by the convention and not commit genocide and 'in particular' to prevent killing Palestinians in Gaza, stop those inciting genocide and allow all aid need to get into Gaza.

The only way that could happen, realistically, is through a ceasefire.
They didn't use the words 'ceasefire' but then said you must do things that can only happen, realistically, in a ceasefire or total retreat.

That's fair, isn't it?
It is something most easily done with a ceasefire, sure.
But it wasn't an order to stop military operations, or withdraw, or have any kind of actual ceasefire.
In fact, they specifically rejected South Africa's request that a ceasefire be the explicit order.
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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Your paraphrasing is taking you further and further from the ICJ ruling and now seems simply argumentative.

While the ICJ has not made a final decision, it has made clear decisions.
We agree.

The decided that it was plausible that Israel was currently committing genocide.
We agree.

They decided that the evidence of that genocide being furthered by Israel before the final decision was sufficient to conclude that it violated the rights of Palestinians to be protected from genocide.
We disagree.
It decided the evidence was sufficient that it was plausible the rights were being violated.
Not that they were.

They further decided to order Israel to abide by and undertake requirements and obligations to stop the plausible acts of genocide under the genocide convention against the Palestinian people from continuing while the final decision was made.

None of this is a maybe…they are court decisions regarding Israel committing genocide under genocide law. Just not the final decision.
The only thing we appear to disagree about is whether the ICJ said the rights were being violated or were plausibly being violated.
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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The ICJ is a court, they have to hold a trial before they can say Israel is guilty of genocide.
Until then they can only order Israel not to commit genocide and 'in particular' to not kill Palestinians in Gaza.

Israel will go on trial for genocide.
That will be the end of zionists, you will forever be as loved as nazis.
According to Kautilya, it won't.
The fix is in, the court will rule in favor of Israel.
 

Valcazar

Just a bundle of fucking sunshine
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But they did NOT find that Israel is NOT committing genocide though, so you saying I am making it unfalsifiable, is false.
You already said you won't accept that finding.
You have said they can NEVER make that finding.

Lets stay focused on the two primary points I am making.

My points are as follows:

1. There is objective proof of genocide - intent, incitement and actions.
This is what you believe.
The ICJ has not agreed with you.
They have said there is objective proof genocide is plausible, or - if you prefer - that there is evidence of genocide.

You have decided that this is proof.
That is your right.
My objection is only to you saying that the ICJ agrees with you and has said this is proof.

2. The ICJ did not explicitly absolve Israel. Why? Because there is plausible genocide.
We agree.
Only you seem to think that plausible means it is proven and the ICJ has said so - only "tacitly".

Regardless, given they do not provide guilty/not guilty verdicts, but only advisory opinions, it is important to interpret their rulings taking the history, political rhetoric, statements by politicians, public opinion and the nature of the conflict into consideration, and conclude what it actually MEANS than fixate on what it SAYS. That is not just me saying it, that is what observers on both sides are doing. When you fixate on what it SAYS, it is called "getting off on a technicality".
Look.
If you are willing to say "this is my interpretation - it isn't what they said, it is what I think it means" then that's fine.

That wasn't you and Frank have been doing.
You've been claiming that is what it said.
Also, that it is obvious that you're interpretation is right because there is no other logical conclusion or way to interpret the ruling, which is clearly nonsense.

Just stop claiming they said something they didn't say, and just argue that you prefer your interpretation.

So, if you take - the fact that the Israel was not unequivocally absolved and exonerated by the ICJ, but instead found that there is plausible genocide, AND combine it with the fact that objective proof per #1 exists - I interpret the ICJ ruling as a tactful admission of genocide.
And that depends on you interpreting the evidence the ICJ did not accept as proof as proof.
Once again - that this is YOUR INTERPRETATION is fine.
Just stop pretending it is anything more than that.

You can argue the other way around as well
Thank you for acknowledging that.
That's all I've been asking.

It is the same for the argument regarding a ceasefire. Pro-Israel supporters can argue that the ICJ did not ask Israel to ceasefire. But they did not ask Israel to continue the war either.
Why the fuck would they ask Israel to continue the war?
In what universe was that even on the table?

Instead they asked Israel to abide by the 6 provisional measures, which cannot be implemented without a ceasefire. So I am going to say that the ICJ called for a ceasefire without explicitly calling for one.
Exactly! That is what you believe.
That this cannot be implemented without a ceasefire.
You are free to believe that.
Just stop saying that it is what the ICJ ordered.
Say that you don't think the orders can be implemented without a ceasefire.

You can disagree with it, but you have to show me that you are able to implement or are already abiding by the 6 provisional measures in order to prove me wrong. But pro-Israel supporters cannot.
Not being in favor of Israel continuing the military operation, I have no interest in the argument.
 

Frankfooter

dangling member
Apr 10, 2015
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It is something most easily done with a ceasefire, sure.
But it wasn't an order to stop military operations, or withdraw, or have any kind of actual ceasefire.
In fact, they specifically rejected South Africa's request that a ceasefire be the explicit order.
'Most easily done'?

How can you abide by a demand that Israel not commit genocide and 'in particular' prevent killing Palestinians in Gaza without a ceasefire or retreat?
How can any military operation continue if it doesn't 'prevent' the killing of Palestinians?

I think you are being disingenuous here, you know the intent of the provisional measures but argue against them being implemented.

At the very least you have to admit that Israel has not abided by the ICJ ruling.
 

Frankfooter

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That wasn't you and Frank have been doing.
You've been claiming that is what it said.
Also, that it is obvious that you're interpretation is right because there is no other logical conclusion or way to interpret the ruling, which is clearly nonsense.
No, valcazar.
I've been trying to be clear and clarify my statements.

The ICJ ruled that the South African case that Israel is committing genocide is 'plausible'.
They then ordered Israel abide by 5 provisional measures, including that they not commit genocide and in particular 'preven't the killing of Palestinians in Gaza, stop all genocidal incitement and allow aid through to feed and care for the people of Gaza.

They also ordered Israel report back in 30 days with their progress and will give that report to South Africa to decide whether to proceed.

Israel has clearly not abided the ICJ ruling and this will almost certainly result in Israel going to trial for genocide.
This has been Israel's reaction:

 

Frankfooter

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The issue is, that the ICJ ruling has to be interpreted based on ground realities because it is ambiguous and left open for interpretation. And I suspect purposefully.

For example, plausible genocide does not make any sense. There is either genocide, or there isn't. So if you are doubtful, or if you did not have any evidence to unequivocally determine Israel is guilty, then why say there is plausible genocide? Innocent until proven guilty right?

So in my opinion, the ICJ ruling has to be interpreted, and you have to include external factors including political pressure from the US when you try to determine what it means. Which is why I contend that Valcazar's argument that there is only one sterile meaning to this ruling is incorrect.
They weren't judging whether genocide was plausible, but whether South Africa's case that Israel is committing genocide is plausible.
Since they haven't held the trial there can be no guilty or innocent verdict, without a verdict saying genocide is being committed you can't say 'stop committing genocide'.

So what they can say is:
Don't commit genocide.
Abide by the convention you signed
'prevent' killing Palestinians
allow all aid in and supply aid
arrest those who incite genocide

Israel has done none of those.

The other point is that the only way for Israel to abide by the convention and 'in particular' prevent killing Palestinians is for them to ceasefire or retreat.
That's not saying the word 'ceasefire' but the only practical way to abide by the ruling is with a ceasefire or retreat.
 

Frankfooter

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I agree but what am saying is that if they say South Africa's case against Israel, that it is committing genocide is plausible, what does that mean? They are either committing genocide or they aren't. So its been left open for interpretation. Which is why putting the ruling in context, and using additional evidence we already have, from Amnesty, HRW, the UN and other organizations, we'd have to interpret what that really means. Same with the ceasefire - yes, they did not say it explicitly. But, how do you abide by the provisional demands, they have made without it? So you'd have to interpret that and say that it really calls for a ceasefire.
They're a court, they have to be exact with their language.
So they ruled only on whether SA's case was strong enough to proceed and strong enough to order provisional measures.

For the rest of us its pretty clearly genocide.
The intent, execution and multi faceted attempts to kill through bombs, snipers, starvation and disease look very much like genocide.

 
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