Introduction
By Andrew Tucker, thinc.
Our work in the month of January 2024 has been dominated by dealing with the many legal issues arising out the Israel-Hamas-Iran war.
Most importantly, South Africa’s flagrantly political and acontextual claim at the ICJ that Israel is committing genocide against the Palestinians – an inversion of reality, considering Israel is defending itself against Hamas, which is a terrorist organization established with the sole intent of destroying the Jewish people in Palestine.
The war in Gaza raises fundamental questions: what is the future of Gaza? Is the “peace process” dead? Should UNRWA be dismantled?
These questions raise many legal issues that we will be examining in coming months. Many of these are already highlighted in our 2023 report “Two States for Two Peoples?”. That report can be purchased here:
https://sallux.eu/bookstore/two-states-for-two-peoples.html
The International Court of Justice critical of Israel, but rejects demands for cease-fire in Gaza
By Andrew Tucker, thinc.
Last week the International Court of Justice issued its ruling on “provisional measures” in the case brought in The Hague by South Africa accusing Israel of genocide of the Palestinian people.
The Court did not grant South Africa’s request for a cease-fire in Gaza. But the Court did accept there is a possibility that Israel is committing genocide, and it has ordered Israel to ensure genocide is not committed, and to grant humanitarian aid.
Nevertheless, the carefully-worded ruling leaves Israel a lot of scope to continue the military campaign.
The full article can be found here
UNRWA and the Hamas – Israel war
By Dr Anthony Bergin (senior fellow at Strategic Analysis Australia) and prof. Gregory Rose (research Director at thinc.)
It is time to look to arrangements for the day after UNRWA (the UN Relief and Works Agency for Palestinians in the Near East) is dismantled.
UNRWA is the largest aid body operating in Gaza, where it has 13,000 employees, almost all Gazans. Established on 8 December 1949, UNRWA has after three-quarters of a century become a government, welfare provider, and indulgent patron for Palestinians. 
Read the full article here
“Imputing the crime of Cain to Abel” – Judge Barak’s Separate Opinion in South Africa vs Israel
South Africa claims that Israel is committing genocide of the Palestinian people. South Africa and Israel presented the Court with diametrically opposed narratives. South Africa argued that Israel is a racist apartheid entity that is trying to eliminate the Palestinians (and has been doing so ever since 1948), and the only way to deal with this is to order Israel to bring an immediate and complete end to the conflict in Gaza.
The Israeli-nominated judge ad hoc Aharon Barak issued a powerful Separate Opinion, which was highly critical of the Court’s approach. He basically accused the Court of “imputing the crime of Cain to Abel”.
Read the full article here
The United Nations and International law in the Hamas – Israel war
By Dr. Matthijs de Blois, Senior Fellow, thinc.
Short summary:
On October 7, 2023, the holiday of Simchat Torah, Hamas terrorists and other Palestinian Islamist groups, such as the Palestinian Islamic Jihad, launched a brutal surprise attack on Israel. The cruelty of the violence against soldiers and innocent civilians, including babies, children and elderly people, is almost beyond comprehension. It was a pogrom directed against the Jewish people with no precedent after the Shoah. Immediately after the Hamas attack, which included rockets fired at population centers across southern and central Israel, Israel responded with a major military operation in the Gaza Strip, while at the same time having to be prepared for attacks in the North, on the West Bank (Judea and Samaria) and in the South. In doing so, Israel exercised its right to self-defense under the UN Charter.
The UN is supposed to promote and encourage “respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.” In this article, thinc. Senior Fellow Dr. Matthijs de Blois focuses on the reaction to the October 7 pogrom and its aftermath by three major UN organs: the General Assembly, the Security Council, and the Secretary- General. He surveys these responses and then reflects on them within the broader context of the attitudes adopted by the UN towards Israel.
Please read the full text of the article (starting at page 14 ) in “Justice”, click HERE
The International Holocaust Remembrance Day Commemoration held at the Peace Palace in The Hague.
On January 29th 2024, thinc., was privileged to take part in the International Holocaust Remembrance Day Commemoration held at the Peace Palace in The Hague.
The event centered on exploring “The Impact of the Holocaust on the development of International law.” This experience was not only a tremendous honor for us but also a poignant moment of unity and solidarity as we remembered the victims of the Shoah and of the last massacre of October 7th with excellences like the President of the Supreme Court of The Hague and the Ambassador of Israel to the Netherlands.
On thinc.’s Calendar
Webinar held on January 23rd at 7PM (Amsterdam time). “Israel on trial” at the International court of Justice: The genocide and Advisory Opinion cases.
Watch the webinar here
Coming up!
- The House of Representatives Standing Committee (in the Netherlands) on Foreign Affairs is hosting a roundtable discussion on the Middle East on Thursday, February 8, 2024 from 12:30 to 3:00 p.m. (in Dutch: “De vaste commissie voor Buitenlandse Zaken van de Tweede Kamer organiseert op donderdag 8 februari 2024 van 12.30 tot 15.00 uur een rondetafelgesprek over het Midden-Oosten.” Andrew Tucker from thinc. is one of the speakers
- International Court of Justice (ICJ) – Advisory Opinion – hearing in The Hague in Feb 2024The ICJ was asked in 2022 by the UN General Assembly to issue an Advisory Opinion on the “legal consequences of Israel’s prolonged occupation” of territories occupied since 1967. This includes the status of “the Holy City of Jerusalem”. It is a very important case that has broad implications. Many states have made written submissions. Oral proceedings commence in the Peace Palace in The Hague on 19th February 2024. thinc. will be following this closely, and is representing one of the participating states. Watch this space – more about this case in future communications.
- Next thinc Webinar to be held on February 20th at 12 PM (Amsterdam time).
Recommended Reading
1) Robbie Sabel (2023) International Law and the Conflict in Gaza, Israel Journal of Foreign Affairs,
https://doi.org/10.1080/23739770.2023.2289272
2) The ICC challenge: Should Israel be worried going forward? – analysis by YONAH JEREMY BOB
A large number of the challenges Israel faces from the ICC became an issue long before the current war.
Read the article here
