Israel is guilty of crimes according to the International Court

Photo by Peter Dejong/AP: A Palestinian flag flies outside the ICJ in The Hague, Netherlands

Contributed from Victoria

international court of justice (ICJ) ruled last weekend that Israel is guilty of 57 years occupation of Palestinian territory contrary to international law and tat it is operating an apartheid state. The first relates to Gaza, the West Bank and East Jerusalem. The second to a practice that segregates and relegates a part of the population to lesser rights.

The ruling confirms that significant portions of the occupied territories have been annexed and the rights to land, water, and self-determination are denied to Palestinians living in them. The occupation must end as soon as possible. By using forms of racial discrimination Israel in in breach of Article 3 of the Geneva Convention on the elimination of all forms of racial discrimination. All nations have the responsibility to refrain from economic or trade dealings that could support Israel’s unlawful presence in the Occupied territories.

Photo by Patrick Post/AP: Judges deliberating inside the ICJ

This is a considerable diplomatic blow for Israel, lessening its legitimacy in the eyes of the world, and it shows that its capacity to paper over what is really going on has diminished.

Progress at the IJC doesn’t mean either occupation or apartheid is going to stop any time soon. Its Verdicts resulting from an action begun by the United Nations General Assembly are only advisory and not binding. This means that nations cannot be compelled to act accordingly. In any case, the IJC and lack of United Nations unity and resources, means that decisions can’t be enforced. This is why Israel has routinely disregarded them and got away with it. A big part of the problem is ongoing support from the United States government.

Without this, disregard for global public opinion and international law would be much more difficult. But this is changing. Israel and its backers have never been so isolated, and this isolation is deepening.

This case follows the one put by South Africa Clling for steps to protect Palestinian rights under the genocide convention. Israel ignored that as well.

Israeli falsehoods that there is no Palestine and that there are no occupied areas are no longer believed by anyone else. The now legally recognised occupation brings forward Article 49 of the Geneva Convention, under which it is a war crime to transfer a population to an occupied territory. And this is exactly what has been done to many Palestinians.

The IGJ ruling may not be able to punish governments. But it can prosecute the government’s officials and arrest them when travelling overseas.

According to Nasser Mashni, the President of Australian Palestinian Advocacy Network, there are things the Australian government can do.

It can officially support the ICJ findings, impose a two-way arms embargo on Israel and suspend all defence cooperation, including ending its facilitation of defence industry partnerships. The Australian government could impose targeted sanctions on Israeli officials, individuals, and institutions supporting illegal settlements. It could Stop trade in all goods from illegal settlements and halt tax deductibility for Australian organisations supporting illegal settlements. And it could use diplomatic means to ensure that Israel complies with international law.

These are basic actions that would show political leadership to the world and that Australia actively supports international law and the Geneva Conventions. To do otherwise is to deny these.

The Australian government could go further and recognise the Palestinian state, as much of the world already has. This would be much more fruitful than mouthing off about a vague two-state solution, when Israel itself has killed this off. Australia should be supporting he creation of a nation where there is no separation and denial of other because of ethnicity, where Palestinian and Jews can live together as equals.

Moat of Australia already agrees, and this has unleashed an unprecedented political movement in support of the Palestinian people. Few Australians stand behind Israel’s actions. By taking these steps, the Australian government would be respecting the wishes of Australia.

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