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The Executive Council of Australian Jewry (ECAJ), the peak body representing the Jewish community nationally, has warned that although the ICJ has made it clear that it has not made any finding about whether Israel has committed genocide, or even whether the court has jurisdiction to hear the case, the ICJ’s decision to indicate provisional measures to be taken by Israel will set a precedent that will incentivise future acts of international terrorism, which is a concern for all peace and freedom-loving nations, not only for Israel.
“Israel’s opponents failed in their primary aim of obtaining an order for an immediate ceasefire, however if Israel is to comply with the ICJ’s decision, it may only be permitted to fight Hamas with one hand tied behind its back”, said ECAJ President Daniel Aghion KC.”
“This means that nations which are attacked by terrorists in the future may no longer be able to defend themselves effectively if the terrorists shield themselves behind civilians, as Hamas has done. The decision thus sets a precedent that will incentivise future acts of international terrorism, using similar tactics.”
“On 7 October 2023, Hamas terrorists carried out a pre-planned attack against Israel during which it tortured, raped, mutilated and butchered 1200 people, mostly civilians, and took 240 hostages. It videoed and openly celebrated its atrocities, and threatened to repeat its crimes again and again,“
“Yet it is Israel, the party that is now defending itself against these cruel and sadistic murderers, that is now under scrutiny for alleged “genocide”, while the perpetrators, Hamas, are treated with impunity. This is not justice. This is a travesty that turns justice on its head.”
“The court’s decision is a concern for all peace and freedom-loving nations, not only for Israel.”
We are grateful to Israel’s allies who have stood up to South Africa’s false accusations, and clearly rejected the genocide claim against Israel. We hope that those governments and those of other like-minded states will continue to stand with Israel in defending itself against terrorism.”
“A campaign such as the defeat of ISIS in Mosul by an international coalition in 2016-2017, which caused a higher percentage of civilian casualties than have occurred in Gaza, may no longer be legally permissible.”
“Although the ICJ has also called for the immediate release of all hostages and for ‘all parties’, which includes Hamas, to comply with international humanitarian law, Hamas has no respect whatsoever for the ICJ or international law. Yet it is only Israel, not Hamas, which will come under any real pressure to comply with the ICJ’s decision. This is yet another indication of how unjust it is.”
Contact
Peter Wertheim AM | Co-CEO
ph: 02 8353 8505 | m: 0408 160 904 | fax: 02 9361 5888
e: pwertheim@ecaj.org.au | www.ecaj.org.au
