What is the genocide case against Israel at top UN court?

What is the genocide case against Israel at top UN court?
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Updated 08 January 2024
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What is the genocide case against Israel at top UN court?

What is the genocide case against Israel at top UN court?
  • The ICJ, also called the World Court, is the highest United Nations legal body deal with disputes between states
  • Both South Africa and Israel are signatories to the 1948 Genocide Convention which gives the ICJ the jurisdiction to rule on disputes over the treaty

THE HAGUE: The International Court of Justice will hold hearings this week on a case brought by South Africa accusing Israel of genocide in the Gaza war and seeking an emergency suspension of its military campaign.

What is the ICJ?
The ICJ, also called the World Court, is the highest United Nations legal body, established in 1945 to deal with disputes between states. It should not be confused with the treaty-based International Criminal Court, also in The Hague, which handles war crimes cases against individuals.
The ICJ’s 15-judge panel — which will be expanded by an additional judge from each side in the Israel case — deals with border disputes and increasingly cases brought by states accusing others of breaking UN treaty obligations.
Both South Africa and Israel are signatories to the 1948 Genocide Convention which gives the ICJ the jurisdiction to rule on disputes over the treaty.
All states that signed the Genocide Convention are obliged not only not to commit genocide, but also to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

What is South Africa’s case?
In its 84-page filing South Africa says that by killing Palestinians in Gaza, causing them serious mental and bodily harm and by creating conditions on life “calculated to bring about their physical destruction,” Israel is committing genocide against them.
“The acts are all attributable to Israel, which has failed to prevent genocide and is committing genocide in manifest violation of the Genocide Convention,” the filing says, adding that Israel also failed to curb incitement to genocide by its own officials in violation of the convention.




Israeli soldiers gather with their vehicles at a position on the border with the Gaza Strip on January 7 (AFP)

What is Israel’s response?
Israel has called the claim baseless and a government spokesman accused South Africa of “absurd blood libel” or baseless allegations of Jewish perfidy intended to stir up lethal hatred of Jews.
Israel said it will be in court to present its case next week.

What will happen at the hearings?
The hearings will take place on Jan 11 and 12.
The request for emergency measures is a first step in a case that will take several years to complete. Provisional measures are meant as a kind of restraining order to prevent a dispute from getting worse while the court looks at the full case.
Judges at the ICJ often grant such measures, which generally consist of asking a state to refrain from any action that could aggravate the legal dispute.
For provisional measures the court only has to decide if at first glance, or prima facie, it would have jurisdiction and the acts complained of could fall within the scope of the genocide treaty. Any measures it decides would not necessarily be those requested by the complainant.
South Africa has asked the court to order Israel to suspend its military actions in Gaza, to stop any genocidal acts or take reasonable measures to prevent genocide and issue regular reports to the ICJ about such measures.
The ICJ’s rulings are final and without appeal, but it has no way of enforcing them. A ruling against Israel could hurt its international reputation and set legal precedent.




A displaced Palestinian man reacts as he sits among objects salvaged from a house that was used as a shelter by his extended family members, many of whom were reported killed (AFP)

How long will it be until a final ruling ?
If the court finds it has prima facie jurisdiction, the case will move forward at the ornate Peace Palace in The Hague — even if the judges decide against emergency measures.
Israel would then get another chance to argue the court has no legal grounds to look at South Africa’s claim and to file a so-called preliminary objection — which can only touch on issues of jurisdiction. If the court rejects that objection, the judges could finally look at the case in further public hearings.
It is not unusual for several years to pass between the initial claim and the actual hearing of the case on its merits.


Morocco produces Africa’s first mpox tests as the continent tries to rely less on imports

Morocco produces Africa’s first mpox tests as the continent tries to rely less on imports
Updated 28 sec ago
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Morocco produces Africa’s first mpox tests as the continent tries to rely less on imports

Morocco produces Africa’s first mpox tests as the continent tries to rely less on imports
  • Morocco has reported three mpox cases, though most have been in central Africa
  • Moroccan startup Moldiag began developing mpox tests after the World Health Organization declared the virus a global emergency in August
TAMESNA: After African countries struggled to get testing kits during the COVID-19 pandemic, officials vowed to make the continent less dependent on imported medical supplies. Now, in a first for Africa, a Moroccan company is filling orders for mpox tests as an outbreak continues.
Moroccan startup Moldiag began developing mpox tests after the World Health Organization declared the virus a global emergency in August. Africa’s Centers for Disease Control and Prevention has reported more than 59,000 mpox cases and 1,164 deaths in 20 countries this year.
The WHO has also announced a plan to provide mpox tests, vaccines and treatments to the most vulnerable people in the world’s poorest countries, after facing criticism for moving too slowly on vaccines. It recommends all suspected mpox cases be tested.
But in some far-flung areas of the mpox outbreak, tests have to be delivered to distant labs for processing. Most of Congo’s 26 provinces don’t have such facilities. And some areas have no tests. In eastern Congo’s South Kivu province, doctors are still diagnosing patients by taking temperatures and looking for visible symptoms.
That makes it difficult to tell how the virus is spreading, health officials say.
“This is a major problem,” said Musole Robert, medical director of the Kavumu Referral Hospital, one of the few treating mpox patients in eastern Congo. “The main issue remains the laboratory, which is not adequately equipped.”
Mpox primarily spreads through close skin-to-skin contact with infected people or their soiled clothes or bedsheets. It often causes visible skin lesions. A health worker swabs the rash and sends the sample to a lab. Mpox testing is critical because many symptoms resemble diseases like chicken pox or measles.
When mpox cases were found in some Western countries like the United States in 2022, some companies began developing rapid test kits that don’t require lab processing. But they shelved those efforts when the virus was largely contained.
Then outbreaks emerged again in Africa. Scientists are concerned by the spread of a new version of the disease that might be more easily transmitted among people.
Morocco has reported three mpox cases, though most have been in central Africa.
At his factory in Morocco, Moldiag founder and chief scientific officer Abdeladim Moumen said the tests they make — sold for $5 each — can help to remedy shortages affordably.
The company last month began accepting orders from Burundi, Uganda and Congo and has also sold them to Senegal and Nigeria as well.
“It’s rather easy to send tests from an African nation to another one rather than waiting for tests to come in from China or Europe,” Moumen said.
Moldiag was founded out of Morocco’s Foundation for Advanced Science, Innovation and Research, a university-affiliated nonprofit whose research has received funding from the European Commission and Morocco’s government. The startup previously developed similar genetic tests for COVID-19 and tuberculosis.
Moldiag won approval to distribute its mpox tests from the Africa CDC in November. But it hasn’t submitted paperwork to be considered for expedited approval from the WHO, which during this outbreak has approved three mpox tests and is considering five others. Each is made in North America, Europe or Asia.
The Africa CDC’s acting director for laboratory diagnostics and systems, Yenew Tebeje, said the organization created a process to accelerate approval of tests like Moldiag’s because the WHO’s approval process can take months or years and “be a limiting factor for access to diagnostics.”
Historically, international institutions have not always ensured medical supplies like tests are quickly made available for crises in Africa, Tebeje added.
Only mpox tests that require laboratory processing have been approved by the WHO and Africa CDC, which has expressed the need for rapid tests that don’t need to be sent to labs.
Moldiag and other companies are working to develop rapid tests and pursue approval.
Moldiag’s $5 price for the current tests aligns with recommendations from both the WHO’s target product standards and demands of health advocates who have criticized the cost of other tests. The nonprofit Public Citizen last month called on Cepheid — one of the WHO’s three approved mpox test manufacturers — to reduce its price from about $20 to $5, citing a Doctors Without Borders analysis showing genetic tests can be produced for less.
Africa-based manufacturing fulfills a primary objective that African Union member states agreed on after the COVID-19 pandemic, which revealed global disparities and unequal access to medical supplies, including vaccines, tests and antiviral medications.
In 2022, shaken by the pandemic, African leaders called for action to address those disparities plaguing the continent’s over 1.4 billion people, who experience the highest incidence of public health emergencies.
Moumen said experts were waking up to the fact that it makes more sense for tests to come from regions where outbreaks are taking place so manufacturers can tailor production to address issues close to home.
“They want African tests for Africa,” he said.

How Syria rebels’ stars aligned for Assad’s ouster

How Syria rebels’ stars aligned for Assad’s ouster
Updated 09 December 2024
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How Syria rebels’ stars aligned for Assad’s ouster

How Syria rebels’ stars aligned for Assad’s ouster
  • Turkish Foreign Minister Hakan Fidan, speaking in Doha on Sunday, said Erdogan’s effort in recent months to reach out to Assad failed and Turkiye “knew something was coming”

ISTANBUL/DAMASCUS: After 13 years of civil war, Syria’s opposition militias sensed an opportunity to loosen President Bashar Assad’s grip on power when, about six months ago, they communicated to Turkiye plans for a major offensive and felt they had received its tacit approval, two sources with knowledge of the planning said. Launched barely two weeks ago, the operation’s speedy success in achieving its initial goal — seizing Syria’s second city, Aleppo — took almost everybody by surprise. From there, in a little more than a week, the rebel alliance reached Damascus and on Sunday put an end to five decades of Assad family rule. The lightning advance relied on an almost perfect alignment of stars for the forces opposed to Assad: his army was demoralized and exhausted; his main allies, Iran and Lebanon’s Hezbollah, were severely weakened by conflict with Israel; and his other key military supporter, Russia, was distracted and losing interest.
There was no way the rebels could go ahead without first notifying Turkiye, which has been a main backer of the Syrian opposition from the war’s earliest days, said the sources, a diplomat in the region and a member of the Syrian opposition.

HIGHLIGHTS

• Rebels told Turkiye about attack plan six months ago

• Operation helped by Assad’s weakened allies and demoralized army

• Hezbollah’s withdrawal from Syria aided rebels, impacting Iranian influence

• Turkiye emerges as strong player in Syria

Turkiye has troops on the ground in northwest Syria, and provides support to some of the rebels who were intending to take part, including the Syrian National Army (SNA) — though it considers the main faction in the alliance, Hayat Tahrir Al-Sham (HTS), to be a terror group. The rebels’ bold plan was the brainchild of HTS and its leader Ahmed Al-Sharaa, better known as Abu Mohammed Al-Golani, the diplomat said.
Because of his former ties to Al-Qaeda, Golani is designated as a terrorist by Washington, Europe and Turkiye. However, over the past decade, HTS, previously known as the Nusra Front, has tried to moderate its image, while running a quasi-state centered on Idlib, where, experts say, it levied taxes on commercial activities and the population.
Turkish President Tayyip Erdogan’s government, which struck a deal with Russia in 2020 to de-escalate fighting in northwestern Syria, has long opposed such a major rebel offensive, fearing it would lead to a new wave of refugees crossing its border.
However, the rebels sensed a stiffening of Ankara’s stance toward Assad earlier this year, the sources said, after he rebuffed repeated overtures from Erdogan aimed at advancing a political solution to the military stalemate, which has left Syria divided between the regime and a patchwork of rebel groups with an array of foreign backers.
The Syrian opposition source said the rebels had shown Turkiye details of the planning, after Ankara’s attempts to engage Assad had failed.
The message was: “That other path hasn’t worked for years — so try ours. You don’t have to do anything, just don’t intervene.” Reuters was unable to determine the exact nature of the communications. Hadi Al-Bahra, head of the internationally-recognized Syrian opposition abroad, told Reuters last week that HTS and SNA had had “limited” planning together ahead of the operation and agreed to “achieve cooperation and not clash with each other.” He added that Turkiye’s military saw what the armed groups were doing and discussing.
Turkish Foreign Minister Hakan Fidan, speaking in Doha on Sunday, said Erdogan’s effort in recent months to reach out to Assad failed and Turkiye “knew something was coming.”
However, Turkiye’s deputy minister for foreign affairs, Nuh Yilmaz, told a conference on Middle Eastern affairs in Bahrain on Sunday that Ankara was not behind the offensive, and did not provide its consent, saying it was concerned about instability.
Turkiye’s foreign and defense ministries did not respond directly to Reuters questions about an HTS-Ankara understanding about the Aleppo operation. In reply to questions about Turkiye’s awareness of battlefield preparations, a Turkish official told Reuters that the HTS “does not receive orders or direction from us (and) does not coordinate its operations with us either.”
The official said that “in that sense” it would not be correct to say that the operation in Aleppo was carried out with Turkiye’s approval or green light. Turkish intelligence agency MIT did not immediately respond to a request for comment.
Reuters was unable to reach a representative for HTS.

VULNERABLE
The rebels struck when Assad was at his most vulnerable.
Distracted by wars elsewhere, his military allies Russia, Iran, and Lebanon’s Hezbollah failed to mobilize the kind of decisive firepower that had propped him up for years.
Syria’s weak armed forces were unable to resist. A regime source told Reuters that tanks and planes were left with no fuel because of corruption and looting — an illustration of just how hollowed out the Syrian state had become.
Over the past two years morale had severely eroded in the army, said the source, who requested anonymity because of fear of retribution.
Aron Lund, a fellow at Century International, a Middle-East focused think-tank, said the HTS-led coalition was stronger and more coherent than any previous rebel force during the war, “and a lot of that is Abu Mohammed Al-Golani’s doing.” But, he said, the regime’s weakness was the deciding factor.
“After they lost Aleppo like that, regime forces never recovered and the more the rebels advanced, the weaker Assad’s army got,” he said.
The pace of the rebel advances, with Hama being captured on Dec. 5 and Homs falling on or around Sunday at the same time government forces lost Damascus, exceeded expectations.
“There was a window of opportunity but no one expected the regime to crumble this fast. Everyone expected some fight,” said Bassam Al-Kuwatli, president of the Syrian Liberal Party, a small opposition group, who is based outside Syria.
A US official said on condition of anonymity that while Washington had been aware of Turkiye’s overall support for the rebels, it was not informed of any tacit Turkish approval for the Aleppo offensive. The White House National Security Council did not immediately respond to a request for comment on Turkiye’s role.
US President-elect Donald Trump on Sunday said that Russia’s abandonment of Assad led to his downfall, adding that Moscow never should have protected him in the first place and then lost interest because of a war in Ukraine that never should have started.
Israeli President Benjamin Netanyahu on Sunday noted his country’s role in weakening Hezbollah, which sources told Reuters withdrew its remaining troops from Syria on Saturday.

GAZA FALLOUT
Sources familiar with Hezbollah deployments said the Iran-backed group, which propped up Assad early in the war, had already withdrawn many of its elite fighters from Syria over the last year to support the group as it waged hostilities with Israel — a conflict that spilled over from the Gaza war. Israel dealt Hezbollah heavy blows, particularly after launching an offensive in September, killing the group’s leader Hassan Nasrallah and many of its commanders and fighters. The rebel offensive in Syria began the same day as a ceasefire came into effect in the Lebanon conflict on Nov. 27. The sources familiar with Hezbollah said it did not want to engage in big battles in Syria as the group focused on starting a long road to recovery from the heavy blows.
For the rebel alliance, the withdrawal of Hezbollah presented a valuable opportunity. “We just wanted a fair fight between us and the regime,” the Syrian opposition source said.
Assad’s fall marks a major blow to Iranian influence in the Middle East, coming so swiftly after the killing of Nasrallah and the damage done by Israel to Hezbollah.
Turkiye, on the other hand, now appears to be Syria’s most powerful external player, with troops on the ground and access to the rebel leaders.
In addition to securing the return of Syrian refugees, Turkiye’s objectives include curbing the power of Syrian Kurdish groups that control wide areas of northeast Syria and are backed by the United States. Ankara deems them to be terrorists.
As part of the initial offensive, the Turkiye-backed SNA seized swathes of territory, including the city of Tel Refaat, from US-backed Kurdish forces. On Sunday, a Turkish security source said the rebels entered the northern city of Manbij after pushing the Kurds back again.
“Turkiye is the biggest outside winner here. Erdogan turned out to be on the right — or at least winning — side of history here because his proxies in Syria won the day,” said Birol Baskan, Turkiye-based political scientist and former non-resident scholar at Middle East Institute.

 


Monitor says Israel hit arms depots in Syria’s east

Monitor says Israel hit arms depots in Syria’s east
Updated 09 December 2024
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Monitor says Israel hit arms depots in Syria’s east

Monitor says Israel hit arms depots in Syria’s east

BEIRUT, Lebanon: Israel launched strikes on weapons depots in the country’s east on Sunday, a war monitor said, after rebels toppled Bashar Assad’s government earlier Sunday.
“Israel has conducted air strikes on weapon depots and positions that belonged to the defunct regime and Iran-backed groups in the eastern Deir Ezzor province,” Rami Abdel Rahman who heads the Syrian Observatory for Human Rights told AFP. He reported “increased Israeli strikes” on such targets since President Bashar Assad fled the country as rebels seized the capital.
 

 


Sudan rescuers say 28 killed in shelling of Khartoum fuel station

A truck waits outside a closed petrol station of the Nile Petroleum Corporation in Juba, South Sudan. (AP file photo)
A truck waits outside a closed petrol station of the Nile Petroleum Corporation in Juba, South Sudan. (AP file photo)
Updated 09 December 2024
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Sudan rescuers say 28 killed in shelling of Khartoum fuel station

A truck waits outside a closed petrol station of the Nile Petroleum Corporation in Juba, South Sudan. (AP file photo)
  • The government, loyal to Burhan, is based in Port Sudan on the Red Sea coast, where the army has retained control

PORT SUDAN, Sudan: A Sudanese network of volunteer rescuers said that 28 civilians were killed Sunday when a fuel station in an area of Khartoum under paramilitary control came under shelling.
The Sudanese army, which has been fighting the Rapid Support Forces (RSF) since April 2023, has been advancing toward the capital in recent weeks, in a bid to regain control of Khartoum.
On Sunday, a fuel station in RSF-held southern Khartoum was hit by shelling, said the South Belt Emergency Response Room.
The youth-led volunteer group said “28 people were confirmed dead” and “the number of injured reached 37, including 29 burns cases” and some shrapnel injuries.
Early in the war, which has pitted army chief Abdel Fattah Al-Burhan against the forces of his former deputy, RSF commander Mohamed Hamdan Dagalo, the paramilitaries had largely pushed the army out of Khartoum.
The government, loyal to Burhan, is based in Port Sudan on the Red Sea coast, where the army has retained control.
The war has killed tens of thousands of civilians and displaced over 11 million, creating what the United Nations has described as the world’s largest displacement crisis.
In late November, the Sudanese army said it had retaken the Sennar state capital, Sinja, south of Khartoum, five months after paramilitaries had seized it.
Sinja is a strategic area as it lies on a key road linking army-controlled areas of eastern and central Sudan.
The RSF meanwhile has taken control of nearly all of the vast western region of Darfur, rampaged through the agricultural heartland of central Sudan and pushed into the army-controlled southeast.
 

 


26 killed as Syrian Turkish-backed groups attack Kurdish-held area in north

Turkish-backed Syrian fighters gather with their vehicles at a position near the northern Syrian town of Manbij. (AFP file photo
Turkish-backed Syrian fighters gather with their vehicles at a position near the northern Syrian town of Manbij. (AFP file photo
Updated 09 December 2024
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26 killed as Syrian Turkish-backed groups attack Kurdish-held area in north

Turkish-backed Syrian fighters gather with their vehicles at a position near the northern Syrian town of Manbij. (AFP file photo
  • The Ankara-backed factions said they had “taken control of the city of Manbij in the eastern countryside of Aleppo after fierce battles,” in a statement on their Telegram channel

BEIRUT, Lebanon: At least 26 combattants were killed Sunday as Turkish-backed Syrian fighters launched an offensive on the northern Manbij area, days after seizing a Kurdish-held enclave.
The pro-Turkiye fighters had already retaken the Kurdish-held Tal Rifaat enclave last week, days after  rebels swooped into government-held areas, snatching key cities before reaching Damascus on Sunday.
“Pro-Turkish factions... seized large districts of Manbij city in the eastern Aleppo countryside, after violent clashes with the Manbij Military Council,” the Syrian Observatory for Human Rights war monitor said.
The Council is affiliated with the Kurdish-led Syrian Democratic Forces (SDF) that act as a de facto army for the Kurdish administration that controls swathes of Syria’s northeast.
“The clashes killed nine pro-Turkish fighters and at least 17 Manbij Military Council” combattants, said the Observatory, which relies on a network of sources inside Syria.
The US-backed SDF also reported “fierce clashes,” saying the military councils in Manbij and in Al-Bab were “dealing qualitative blows” to Turkish-backed fighters.
The Ankara-backed factions said they had “taken control of the city of Manbij in the eastern countryside of Aleppo after fierce battles,” in a statement on their Telegram channel.
The groups posted videos of the fighters declaring control over Manbij, said to be from inside the area.
AFP could not independently verify the videos.
Earlier Sunday, SDF commander Mazloum Abdi hailed “historic” moments with the fall of the “authoritarian regime” of President Bashar Assad.