Israel’s War Against Palestine, Day 112: In a historic moment, ICJ moves forward with genocide case against Israel.

While the court stopped short of calling for a ceasefire, Israel is ordered to allow aid into Gaza, punish incitement to genocide, and take more protective measures for civilians – even as the situation on the ground remains cataclysmic.

Casualties:

  • 26,083 killed* and at least 64,487 wounded in the Gaza Strip.
  • 387+ Palestinians killed in the occupied West Bank and East Jerusalem
  • Israel revises its estimated October 7 death toll down from 1,400 to 1,147.
  • 556 Israeli soldiers killed since October 7, and at least 3,221 injured.**

*This figure was confirmed by Gaza’s Ministry of Health. Some rights groups put the death toll number at more than 33,000 when accounting for those presumed dead.

** This figure is released by the Israeli military.

Key Developments

  • ICJ orders Israel to prevent acts of genocide in Gaza and report back to the court in a month, but stops short of calling for an immediate ceasefire.
  • The ruling is nonetheless viewed as a “decisive victory for international law” by South Africa, which brought the case forward to the international court.
  • Far from the halls of The Hague, Israeli forces kill 183 Palestinians in the span of 24 hours, including at least 20 who were shot at while trying to get humanitarian aid in Gaza City.
  • As Nasser Hospital in Khan Younis lies besieged for the fifth consecutive day, the Gaza Ministry of Health warns that it had now run out of food, anesthetics, and painkillers.
  • Palestinian Civil Defense forecasts torrential rain and strong winds in coming days, which a U.N. official says will render Gaza “completely uninhabitable.”
  • Meanwhile, Israeli protesters block aid from entering Gaza through the Kerem Shalom crossing for the third day in a row. 
  • Sixteen humanitarian and human rights agencies call on all U.N. member states to stop providing weapons and ammunition to Israel and Palestinian armed groups.
  • Israel’s Negev prison is turning into an “unbearable hell” for Palestinian detainees amid food and water deprivation and other abuses, the P.A.’s Commission of Prisoners and Ex-Prisoners Affairs warns.
  • The U.N. special representative of the Secretary-General on sexual violence in conflict, is set to visit Israel to look into allegations of sexual violence on October 7. 
  • CIA and Mossad officials are reportedly meeting Egyptian and Qatari representatives in coming days to discuss a potential prisoner swap deal and temporary truce.
  • Israel continues to shell various areas of Lebanon, the National News Agencyreports.
  • Maritime trade through the Suez Canal has gone down by nearly half due to Houthi attacks in the Red Sea, U.N. agency reports.
  • Israeli state airline El Al is canceling flights to South Africa

ICJ rules overwhelmingly in favor of South Africa but stops short of calling for a ceasefire.

The International Court of Justice (ICJ) ordered Israel to take all measures to prevent genocide against Palestinians in Gaza, in a ruling on Friday that stopped short of calling for an immediate ceasefire but otherwise marked a momentous acknowledgment of the plausibility of South Africa’s claims of genocide against Israel.

ICJ President Joan Donoghue read out the decision, which stated that the court had jurisdiction to rule in this case – likely paving the way for a longer-term case – and issued provisional measures ordering Israel to report back within one month to show it had taken measures to protect Palestinians, punish incitement to genocide, and allow in humanitarian aid in Gaza. 

South Africa, which brought the case in front of the court, will be allowed to respond to Israel’s report in front of the ICJ, and potentially challenge its claims if it believes Tel Aviv is not abiding by the court’s order.

Mondoweiss will be delving more in-depth into the ruling and its ramifications.

Israel has repeatedly made clear since the initial hearings on the case earlier this month that it would not abide by the ICJ ruling – but the decision will likely make it more difficult for Tel Aviv to argue its case on the international stage, and put its staunchest ally, the United States, which is also a signatory to the Genocide Convention, in an even more uncomfortable position.

Controversial American lawyer Alan Dershowitz, who had initially been considered to help represent Israel in front of the ICJ, had said earlier this week that Israel had made a mistake in recognizing the court’s legitimacy in the first place.

“It is not a real court. It’s a court whose judges are picked by their countries, it reflects foreign policy, not rule of law, not judiciary,” Dershowitz told Ynet on Wednesday. “I think that Israel made a mistake in submitting to the jurisdiction of the court, and it would make a mistake in complying with any ruling of the court. This is one of the most absurd abuses of the judicial process in modern history.”

“If the decision is in favour of provisional measures, there will be an implementation crisis and there will be a tug of war as to whether this ruling will be implemented and enforced and complied with by Israel,” Richard Falk, former UN special rapporteur for the occupied Palestinian territories, told Al Jazeera ahead of the ruling, as he called the situation in Gaza “the most transparent genocide in human history.”

On Friday, the Palestinian Authority welcomed the ruling.

“The ICJ judges assessed the facts and the law. They ruled in favor of humanity and international law,” the P.A. Ministry of Foreign Affairs said in a statement. “The ICJ order is an important reminder that no state is above the law. It should serve as a wake-up call for Israel and actors who enabled its entrenched impunity.”

“Palestine reaffirms its eternal gratitude to the people and government of South Africa for taking this bold step of active solidarity and will continue to work closely with South Africa and other countries to ensure that justice is served,” the statement added.

Hamas also welcomed the decision, with senior official Sami Abu Zuhri telling Reuters that it was isolating Israel and exposing its crimes in Gaza.

“We call for forcing the occupation to implement the court’s decisions,” he adds.

South Africa meanwhile welcomed Friday’s news as a “decisive victory.” 

“Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people,” its government saidin a statement

Israeli Prime Minister Benjamin Netanyahu said in a video statement that his country was fighting a “just war like no other,” while continuing to claim Israel was abiding by international law.

The Israeli Foreign Ministry repeated its claims that the case at the ICJ was “baseless.”

“The charge of genocide levelled against Israel at the International Court of Justice is false and outrageous. It constitutes a shameful exploitation of the Genocide Convention that is not only wholly unfounded in fact and law, but morally repugnant,” spokesman Lior Haiat wrote.

Far-right Minister of National Security Itamar Ben-Gvir issued his own eloquent response to serious allegations of genocide.

ICJ Orders Israel to Contain Death in Gaza in Preliminary Ruling on South African Case
The International Court of Justice (ICJ) declined to throw out a South African lawsuit alleging Israel has committed genocide in its ongoing war with Hamas and issued provisional orders (Reuters) that Israel limit civilian deaths and allow more aid into Gaza. The court did not order a cease-fire as Pretoria requested. The court also called for the immediate release (WaPo)of Israeli hostages in Gaza. Israel has called South Africa’s allegations “grossly distorted.” 

Israel Genocide in Gaza Continues

The International Court of Justice (ICJ) is due to deliver its ruling today on whether to issue provisional measures in the case brought by South Africa accusing Israel of genocide. At the time of writing, no decision has been issued. 

A strike hit a crowd of Palestinians who were waiting for humanitarian aid in Gaza City yesterday, killing several people and wounding scores of others, the Hamas-run health ministry said. Many details of the incident remain unclear at the time of writing. The health ministry blamed the strike on Israel, and the Israeli military said it was  looking into the reports of the incident but did not immediately comment further. Hiba Yazbek reports for the New York Times

The death toll in Gaza has now surpassed 26,000, the Hamas-run health ministry said today. In the last 24 hours, 183 people were killed and a further 377 injured, it said.Yuliya Talmazan reports for NBC News

The World Health Organization (W.H.O.) Director-General Tedros Adhanom Ghebreyesus broke down yesterday while describing the “hellish” conditions in Gaza to the global health body’s governing body. “Seventy percent of the dead (in Gaza) are children and women. That alone is enough for a cease-fire,” he said. Samra Zulfaqar reports for NBC News.

More than 40 senior former Israeli national security officials, acclaimed scientists, and business leaders have sent a letter to Israel’s president and speaker of parliament demanding that Israeli Prime Minister Benjamin Netanyahu be removed from office, claiming he poses an “existential” threat to the country. The letter’s signatories include four former directors of Israel’s foreign and domestic security services,  two former heads of the Israeli Defense Forces (IDF), and three nobel prize winners. .  “We believe that Netanyahu bears primary responsibility for creating the circumstances leading to the brutal massacre of over 1,200 Israelis and others, the injury of over 4,500, and the kidnapping of more than 230 individuals, of whom over 130 are still held in Hamas captivity,” it reads. “The victim’s blood is on Netanyahu’s hands.” Alex Marquardt reports for CNN.

IDF Operations Undermine Hamas Capabilities: Over 100 Operatives Surrender.  The recent operations of the Israel Defense Forces (IDF) have significantly weakened Hamas, as evidenced by the surrender of over 100 operatives and the loss of numerous fighters in recent conflicts. The IDF’s focused campaign in Gaza has led to a substantial reduction in the group’s influence and infrastructure. Defense Minister Yoav Gallant highlighted these developments, pointing to the diminishing operational capabilities of Hamas. 

Deadly Raid on UN Shelter in Gaza: Israeli Military Investigates, Hamas Rocket Fire Suspected. On January 24, 2024, a bombing at an UNRWA vocational training center in Khan Yunis, southern Gaza Strip, left 9 dead and 75 injured. The center was sheltering displaced Palestinians. During this time, the Israeli Defense Forces (IDF) were targeting Hamas military leaders in nearby tunnels. Initially, the IDF speculated the incident could be due to accidental Hamas rocket fire, but later excluded IDF air strikes or artillery as causes. Investigations continue into IDF ground activities near the shelter, including the potential role of Hamas in the incident. The U.S. condemned the attack, labeling it tragic and expressing concern, without assigning blame. The IDF’s Khan Yunis operation aimed at dismantling Hamas’s military framework, leading to the evacuation of around half a million people. The situation in Gaza, worsened by this event, is deemed catastrophic, with the U.S. focusing on providing aid.

Hamas Suspends Prisoner Exchange Talks with Israel. In response to Israel’s ceasefire initiative, Hamas has announced the suspension of negotiations on a prisoner and detainee exchange deal. As reported by Israeli media, this decision was conveyed through Qatari mediators. Hamas demands the withdrawal of all Israeli forces from the Gaza Strip as the first phase of any deal, and emphasizes the need to end the war. 

Escalation Between Hamas and Israel Over October 7 Events: Mutual Accusations and Calls for International Investigation. The events surrounding October 7 cast a shadow over the relations between Hamas and Israel, with both sides exchanging accusations regarding targeting civilians. Hamas vehemently denies engaging in hostile actions against civilians, justifying its operations as a reaction to what it considers injustices faced by the Palestinian people and ongoing occupation. Hamas insists it targeted only Israeli military sites, affirming its commitment to ethical standards. On the other hand, Israel rejects Hamas’s narrative, pointing to significant civilian casualties among Israelis. Israel bases its accusations on visual evidence and testimonies, including investigations conducted by international bodies such as the United Nations and the International Criminal Court.

Israel’s Defense at the International Court of Justice: Confronting Genocide Accusations in Gaza. Israel has countered South Africa’s genocide allegations related to its military campaign in Gaza. Israel presented over 30 declassified documents, including orders from its war government and military leaders, to refute claims of genocide and demonstrate efforts to minimize Palestinian civilian casualties. These documents, reviewed by The New York Times, show Israeli attempts to provide humanitarian aid to Gaza, including food, water, and medical supplies, as directed by Prime Minister Benjamin Netanyahu. The defense focuses on disproving the alignment of Israeli leaders’ statements with actual executive decisions, emphasizing actions taken to assist civilians in Gaza. The Court’s impending decision, expected on Friday, will address South Africa’s request for emergency measures, not the central genocide allegation, which requires extended deliberation. A ruling against Israel could lead to increased political pressure and potential sanctions, following a conflict that resulted in significant casualties on both sides.

Israel Considers Water Agreement Termination as Jordan Critiques Gaza War Boldly. Israel is reportedly considering the termination of the water agreement with Jordan following what they perceive as “anti-Israel” statements from high-ranking Jordanian officials. Jordan’s Foreign Minister, Ayman Safadi, has been particularly audacious in his criticism of Israel’s actions in the Gaza conflict, stating that “nothing justifies the war in Gaza” and labeling it as “blatant aggression.” The current water agreement involves Israel providing 100 million cubic meters of water annually to Jordan in exchange for electricity production in Jordan for Israel. The growing tension between the two nations highlights the significance of Safadi’s outspoken stance on the Gaza war.

INTERNATIONAL RESPONSE

The number of antisemitic incidents registered in France and Belgium has risen sharply since the Oct. 7 attacks, according to figures released yesterday in both countries. The number of acts that followed the Oct. 7 attacks equaled those of the previous three years combined, the Council of Jewish Institutions in France said. Samuel Petrequin reports for AP News.

U.S. RESPONSE

President Biden last week pressed Netanyahu to scale down the military operation in Gaza, stressing he is not in it for a year of war, according to two U.S. officials. Biden’s comments reflect the growing U.S. concern over the continuation of the war and his desire to see the war end before the November elections, with a Biden adviser saying the administration is concerned about losing younger voters in future elections over the president’s policy on the war. Barak Ravid reports for Axios.

The White House is sending C.I.A. director William J. Burns to Europe in the coming days to meet with senior Israeli, Egyptian, and Qatari officials in a bid to  advance  negotiations over the release of hostages held in Gaza and a longer ceasefire, according to U.S. officials. Israel is now pushing a proposal of a 60-day fighting pause in exchange for a phased release of hostages, U.S. officials said. Julian E. Barnes and Aaron Boxerman report for the New York Times.

U.S. Secretary of State Antony Blinken emphasized “the imperative of protecting civilians and protecting civilian infrastructure” in Gaza, following a strike yesterday on a U.N. facility that U.N. officials said killed 12 and wounded 75. Blinken did not assign blame for the strike, and reiterated that Hamas fighters have embedded themselves in Gaza’s civilian populationMichael Crowley reports for the New York Times

The United States has created a channel with Israel to discuss concerns over incidents in Gaza in which  civilians have been killed or injured by the Israeli military and civilian facilities have been targeted , two U.S. officials said. The channel was established after a meeting earlier this month between Blinken and Israel’s war cabinet in whichBlinken told Israeli ministers that Washington needed to know “what the answers are” when it comes to reports on such incidents and sought a “reliable channel.” Through the channel, the United States raises “every specific incident of concern” related to Israel’s military campaign in Gaza, which Israel investigates and provides feedback on to U.S. officials.  Humeyra Pamuk reports for Reuters.

In a call last night with U.S. Defense Secretary Lloyd Austin, Israeli Defense Minister Yoav Galant emphasized the need for “U.S. pressure” in securing hostage releases by Hamas, Gallant’s office said., Austin’s office said he reiterated Washington’s support for “Israel’s right to defend itself” during the call, as well as the importance of ensuring  uninterrupted aid delivery into Gaza. Chantal Da Silva reports for NBC News.

Georgia lawmakers passed a bill yesterday 129-5 that would define antisemitism in state law. Some lawmakers opposed the bill, arguing it may censor free speech rights and stifle criticism of Israel. Jeff Amy reports for AP News.

IRAN-BACKED MILITANTS

The United States warned Iran ahead of the fatal Jan. 3 attack on Tehran by the self-styled Islamic State militant group in an attempt to help the Iranian government thwart the attack, according to U.S. officials with knowledge of the plans. The officials said the United States had intelligence indicating an attack was planned by an affiliate of the militant group to strike a public memorial service for Maj. Gen. Qassim Suleimani. Julian E Barnes and Eric Schmitt report for the New York Times.

Iran-backed militias launched at least two attacks on U.S. military positions in Iraq yesterday, U.S. defense officials said, bringing the total number of attacks on U.S. forces in Iraq and Syria since October to at least 153. Dan Lamothe reports for the Washington Post.

A delegation from the Houthi group arrived in Moscow yesterday to meet with the Russian foreign ministry for talks about the military escalation in the Red Sea, Yemen, and the ongoing war in Gaza. AP News reports.

The U.S. secretly warned Iran that Islamic State was preparing to carry out the terrorist attack early this month that killed more than 80 Iranians.
The confidential intelligence (🔐 read for free) was specific enough about the location and sufficiently timely that it might have helped thwart the Jan. 3 pair of coordinated suicide bombings or decrease the number of casualties. Iran failed to prevent the attack, which targeted a crowd in the town of Kerman commemorating the anniversary of the death of the commander of the Islamic Revolutionary Guard Corps’ Quds force. Qassem Soleimani was killed in a 2020 drone attack near the Baghdad airport that then-President Donald Trump had ordered. Officials with Iran’s mission to the U.N. didn’t immediately respond to a request for comment.
U.S. Taps CIA Director for Fresh Mideast Hostage TalksCIA Director William J. Burns will travel to Europe in the coming days for talks on a potential deal to release hostages held in the Gaza Strip and commit both warring sides to a pause in fighting, media outlets including the Washington Postand New York Timesreported. Burns is due to meet with Israeli, Egyptian, and Qatari officials. In November, he helped broker a deal that led to a weeklong pause and the release of more than one hundred hostages held by Palestinian militant group Hamas in Gaza. The United States seeks a longer halt in fighting in this round of negotiations. Egypt and Qatar have served as interlocutors between Israel and Hamas since Hamas’s October 7 attack sparked the current war in Gaza. Tension between Israel and Qatar looms over the latest peace talks after Qatar accused Israel this week of hampering efforts to release hostages. Israel has reportedly proposed a two-month pause in fighting, while Hamas has called for a permanent cease-fire.
Analysis“Qatar is pragmatic and opportunistic more than ideological; it accommodates to changes in its geopolitical environment and adapts quickly in search of influence,” Tel Aviv University’s Yoel Guzansky writes for Foreign Affairs. “Once the hostage issue has been resolved and the war is over, however, the international community must condition Qatar’s involvement in postwar Gaza on a change in its policy toward Hamas.”  “Internal pressure from the [Israeli Defense Forces] is building on [Israeli Prime Minister Benjamin] Netanyahu to prioritize swapping hostages,” CFR expert Martin Indyk posted. 

MILITARY CONFLICT WITH HOUTHIS

The United States and United Kingdom imposed sanctions yesterday on four leaders of Yemen’s Houthi militia after repeated attacks on commercial ships in the Red Sea in recent weeks. The U.S. Treasury said in a statement it believes that three of the Houthi leaders — Mohamed al-Atifi, Muhammad Fadl Abd al-Nabi, and Muhammad Ali al-Qadiri — have been involved in executing the attacks. The fourth leader, Muhammad Ahmad al-Talibi, oversees the group’s efforts to smuggle weapons, including drones and missiles provided by Iran, the statement added. Gaya Gupta reports for the New York Times.

Chinese officials have asked Iran to help rein in Houthi attacks on ships in the Red Sea or risk harming business relations with Beijing, according to four Iranian sources and a diplomat familiar with the matter. “Basically, China says: ‘If our interests are harmed in any way, it will impact our business with Tehran. So tell the Houthis to show restraint’,” said one Iranian official briefed on the talks. Parisa Hafezi and Andrew Hayley report for Reuters.

Houthis Disrupt Air Traffic at Yemeni Airports Under Government Control. The Houthi rebels assert their control over Yemeni airports belonging to the legitimate government and prevent a United Nations aircraft from landing, marking the second incident this week.

Houthi Strikes Prompt U.S. Supply Ship Retreat in Red Sea. Houthi forces in Yemen launched attacks in the Red Sea, targeting two American commercial ships escorted by the U.S. Navy. These ships, operated by Maersk Line Limited and transporting supplies for the U.S. Army, were forced to retreat while crossing the Bab al-Mandab Strait. The U.S. Navy intercepted several projectiles during the incident, and the ships, part of the Maritime Security and Voluntary Sealift programs, returned safely to the Gulf of Aden without any damage or crew injuries. In response to the heightened risk, Maersk has suspended transit of its ships in the region. This incident escalates tensions amidst broader geopolitical challenges in the area, including the Yemeni conflict and the recent designation of the Houthis as a terrorist group by the U.S. government.

Houthi-Al-Qaeda Collaboration in Red Sea Attacks. Yemeni sources report meetings in Sanaa and Hodeidah where the Houthis sought Al-Qaeda’s involvement in naval operations targeting Western interests, including suicide attacks. These talks aimed to frame such actions as a ‘jihadist’ duty against American aggression. This collaboration is linked to a series of assassinations in Aden, suspected to involve Al-Qaeda operatives. The U.S., addressing the threat, has launched unilateral airstrikes and re-designated the Houthis as a terrorist group, aiming to disrupt their aggressive maritime activities in the strategically crucial Bab al-Mandeb Strait.

Sanctions on Houthi Leaders: No Ties to American Banks or International Travel. US and UK Impose New Sanctions on Houthi Leaders with No Ties to American Banks or International Travel. The United States and the United Kingdom have opted to intensify sanctions on Houthi leaders in Yemen, known for their pro-Iran alignment. These sanctions target four key individuals and encompass asset freezes and travel restrictions. It’s noteworthy that the sanctioned leaders have no connections to American banks and do not engage in international travel. This action aligns with global endeavors to heighten pressure on the Houthi insurgents, underscoring international concern about the escalating conflict in Yemen.

Global Mining Giant BHP Alters Shipping Routes Due to Houthi Assaults in the Red Sea. In response to intensified Houthi attacks in the Red Sea, coinciding with the ongoing Israel-Hamas conflict, the Australian mining conglomerate BHP has rerouted most of its Asia-Europe shipments. This strategic shift circumvents the Red Sea, a critical global shipping lane, in favor of longer routes like the Cape of Good Hope. The Yemeni rebels’ focus on targeting vessels they associate with Israel or its allies has disrupted trade flows, compelling not only BHP but also major oil firms such as BP and Shell to seek alternative paths. These reroutings, while ensuring continuity of business, result in slower, costlier deliveries. This development underscores the widening impact of regional conflicts on global trade and the strategic recalibration of shipping routes by multinational companies.

IDF Strikes Iran-Hezbollah Airport in Major Escalation. The Israeli Defense Forces (IDF) launched an attack on a crucial Hezbollah-Iran airstrip at Kilat Jaber, marking a significant escalation in the ongoing tensions. Defense Minister Yoav Gallant had previously revealed images of this joint Hezbollah-Iranian terror base, located just 20 kilometers from Israel’s border. Gallant emphasized that the airstrip displayed Iran’s flag, signifying its involvement in plotting against Israel. He warned that Iran, often using Hezbollah and other proxies, remains the most significant threat to Israel’s security. The IDF’s action aims to prevent the transformation of Syria into a Hezbollah stronghold armed with powerful rockets, underscoring the high stakes in the region.

Hezbollah Launches Aerial Attacks on Israel as Israeli Escalation Continues in Lebanon. According to Hezbollah media, the group carried out an aerial attack using drones on sites affiliated with the air defense system and Iron Dome platforms near the settlement of ‘Kfar Blum’ in Israel, resulting in direct hits. They also targeted the Jal Al-Alam and radar sites in the Lebanese Shebaa Farms with missile weapons, causing direct damage. These attacks come amid ongoing Israeli shelling in southern regions and an Israeli airstrike targeting Mount Haneen. Israeli forces also conducted airstrikes in the Mount Jbour area in the Jezzine district. Israeli military performed sweeping operations around the Hadab site using medium and heavy machine guns. This situation is accompanied by intense Israeli fighter jet flights in the south.

Israeli Military Strikes Hezbollah Targets in Southern Lebanon; Warns of Escalation. The Israeli army conducted airstrikes on Hezbollah military positions in Tyre and Al-Mughira, southern Lebanon. Israeli Foreign Minister Israel Katz, in a meeting with Italian counterpart Antonio Taiani, threatened Lebanon with severe military repercussions if Hezbollah does not withdraw from the northern Israeli border. Katz emphasized the necessity of Hezbollah’s withdrawal for Lebanon’s stability, citing potential severe impacts on Lebanese civilians. Concurrently, Katz acknowledged Italy’s role in combating Hamas’ financing in Europe and sought continued support in this endeavor. The ministers also discussed enhancing bilateral cooperation in energy, tourism, and humanitarian initiatives for the Palestinian population. 

Increasing Challenges of Illegal Migration and Its Impact on Cyprus and Lebanon. The National Security Advisor and Director of Cypriot Intelligence, Tassos Tzionis, visited Lebanon to discuss the issue of Syrian refugees. The visit comes amidst concerns in Cyprus about a potential new wave of migration due to the conflict in southern Lebanon. Cyprus’ infrastructure is not capable of addressing this issue alone and relies on European assistance. More than 80% of migrants to Cyprus are fleeing in search of job opportunities, with approximately 25% of them aiming to reach other European countries and using Cyprus as a transit point.

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