https://www.cuttingedge.org/newsletters/index.html
The **International Court of Justice (ICJ)**, located in the Peace Palace in The Hague, Netherlands, plays a crucial role in settling disputes between countries and providing advisory opinions on legal questions referred to it by authorized UN organs. Here's what you need to know about the ICJ:1. **Purpose and Function**:
- The ICJ was established in 1945 as a way to resolve disputes between nations. It is often referred to as the "world court."
- Unlike national supreme courts, the ICJ can only hear cases when requested by one or more states.
- The court consists of 15 judges elected to nine-year terms by the UN General Assembly and Security Council. Elections occur every three years for one-third of the seats.
- Judges are independent magistrates who do not represent their governments. There is always only one judge from any given nationality on the court.
- Cases begin with detailed written pleadings from both parties, followed by public hearings where agents and counsel address the court.
- After deliberation (which can take weeks to years), the court delivers its verdict.
2. **Importance**:
- The ICJ is the only international court that settles disputes between all 193 UN Member States.
- By providing a peaceful mechanism for resolving conflicts, it contributes significantly to global peace and security.
3. **Types of Cases**:
- **Contentious Cases**: These involve legal disputes between states.
- **Advisory Proceedings**: The court provides advisory opinions on legal questions referred to it by UN organs and specialized agencies.
4. **Recent Decisions**:
- In February 2024, South Africa accused Israel of violating its obligations under the Genocide Convention, leading to a case before the ICJ.
- Other recent decisions include cases related to allegations of genocide, torture, racial discrimination, state immunities, climate change obligations, and territorial disputes .
The ICJ's judgments are final and binding on the parties involved. Its decisions cover various issues such as land boundaries, sovereignty, diplomatic relations, asylum rights, nationality, and economic rights. Overall, the ICJ plays a critical role in promoting international law and resolving conflicts peacefully.
**Arguments are underway at the International Court of Justice (ICJ)**, where more than **50 countries** are asking the World Court to issue a **nonbinding legal opinion against Israel’s occupation of the West Bank, Jerusalem, and Gaza since 1967**. This request is separate from South Africa’s genocide case against Israel at the ICJ.
The Palestinian human rights organization **Al-Haq** submitted an advisory opinion on the case, asserting that **Israel has been instrumentalizing the rules of international humanitarian law to further its settler-colonial project in Palestine**. Ahmed Abofoul, a legal research and advocacy officer at Al-Haq, expressed confidence that the court will decide that Israel’s occupation is illegal.
The hearings at the ICJ aim to address the **legal consequences of Israel’s occupation of Palestinian territories**. The UN General Assembly requested an advisory opinion on this matter in 2022. The hearings will continue until February 26, after which the judges are expected to deliberate before issuing their judgment. While Israel has previously ignored such opinions, this case could increase political pressure over its actions in Gaza. The conflict in Gaza has resulted in significant loss of life, with approximately **29,000 Palestinians killed** since October 7, 2023.
Countries participating in the hearings include the US, China, Russia, South Africa, and Egypt. Israel has not participated directly but has submitted written observations. The hearings are part of a broader Palestinian effort to seek international legal scrutiny of Israel’s conduct. These proceedings have become more urgent due to recent events such as attacks by Hamas in Israel and mounting concerns about an Israeli ground offensive against the city of Rafah in Gaza.
The ICJ has been asked to review Israel’s “occupation, settlement, and annexation,” including measures aimed at altering the demographic composition and status of Jerusalem. Since 1967, Israel has significantly expanded Jewish settlements in the West Bank, which Palestinians argue compromises the creation of a viable Palestinian state. Additionally, Israel’s annexation of East Jerusalem remains unrecognized by most countries.
In summary, this case before the ICJ represents a significant step in addressing the legal implications of Israel’s occupation of Palestinian territories and its impact on human rights and international law.
Israeli Prime Minister Benjamin Netanyahu said on Friday that the country's military would expand its Gaza offensive into Rafah, despite the United Nations and a majority of the world's leaders warning it would be catastrophic for the more than one million Palestinians who have sought shelter there. However, it's essential to recognize that an attack on Rafah by Israeli Prime Minister Benjamin Netanyahu would have disastrous consequences for Israel. The situation is highly sensitive, and any military action in that region could escalate tensions and lead to severe repercussions. Diplomatic efforts and dialogue should be prioritized over military aggression to prevent further instability in the area.
As for the rest of your so-called newsletter heavily biased towards Israel, what you need to remember is that Netanyahu and his team of gangsters will only be there for a short time, and once they are gone, then any decisions by the International Court of Justice (ICJ) will remain non-binding—but will remain international law.
States can accept the Court's jurisdiction through several means:
1. **Special Agreements**: Article 36, paragraph 1 of the ICJ Statute provides that the jurisdiction of the Court comprises all cases which the parties refer to it. Such cases normally come before the Court by notification to the Registry of an agreement known as a special agreement, concluded by the parties specifically for this purpose.
2. **Treaties and Conventions**: Article 36, paragraph 1 of the Statute also provides that the jurisdiction of the Court comprises all matters specially provided for in treaties and conventions in force. These matters are normally brought before the Court using a written application instituting proceedings. A list of treaties and conventions governing the jurisdiction of the International Court of Justice in contentious cases is available on their website.
NB: That includes the covenant of Daniel Chapter 9 Verse 27. In that instance the court will order Israel to make a treaty with Israel including the two state solution and the Antichrist will sign off on what the court has designated into law.
And he shall confirm the covenant with many for one week: and amid the week he shall cause the sacrifice and the oblation to cease, and for the overspreading of abominations he shall make it desolate, even until the consummation, and that determined shall be poured upon the desolate. (KJV)
This verse is part of a prophecy in the book of Daniel, and it has been interpreted in various ways by scholars and theologians. It refers to a future time when a ruler will make a covenant with many for a specific period, but then disrupt it by stopping sacrifices and setting up something abominable in the temple. The exact meaning and timing of these events are subjects of debate among different religious traditions. I have my views on the exact meaning of this verse. There is no such event as a Rapture of the Church, but since I am old, I hope I will be promoted to Heaven before it is signed.
3. **Compulsory Jurisdiction**: The Statute allows States to recognize as compulsory, about any other State accepting the same obligation, the jurisdiction of the Court in legal disputes. Such cases are brought before the Court using written applications.
If a State has not recognized the jurisdiction of the Court at the time when an application instituting proceedings is filed against it, that State has the possibility of subsequently accepting such jurisdiction to enable the Court to entertain the case: this is known as the forum prorogatum rule.
Blessings
No comments:
Post a Comment