We expected it was coming but it's still huge. This is very, very significant. No more business as usual. No State that purports to uphold the rule of law should send arms to someone with an ICC arrest warrant hanging over them.
#ICC
Prosecutor
@KarimKhanQC
announces applications for arrest warrants in relation to Benjamin Netanyahu and Yoav Gallant in the context of the situation in the State of
#Palestine
‡οΈ
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Let's be real for a moment. The Court literally just said it is plausible that Israel is committing genocide against the Palestinians and that the Palestinians are a protected group - that alone is kinda huge.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
@lindsey_ni
My Mom has a similar story. Her middle name was meant to be Majella, like the Saint, but her Dad mucked it up so she's been Majellan, like the explorer, ever since.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
One thing I think it is worth mentioning ~ the Court really didn't want to talk about ceasefires or military action or self defence at all. It was careful to emphasise that its role is very limited to only breaches of the Convention.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
The law is just the law. It cannot act on its own. A lot of talk lately about the powerless of international law in the face of the
#UkraineInvasion
- short π§΅
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
#ProcedureGoblin
Colombia coming in hot with a much more standard Art 63 intervention. Are you noticing a pattern? Why yes, yes you are. In Ukraine we had western states intervening and here we have global south states. Some political thoughts followed by some procedure ones.
PRESS RELEASE:
#Colombia
files a declaration of intervention under Article 63 of the
#ICJ
Statute in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (
#SouthAfrica
v.
#Israel
)
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
So this is one potential effect of the ICJ case; it is an internationally wrongful act to aid or assist in the commission of other wrongful acts (ie genocide). States may withdraw military or other support in order to avoid this.
Italy has halted supplying Israel with weapons, says Italyβs foreign Minister Tajani.
Reminder: Italyβs opposition leader Elly Schlein campaigned for total cessation of arms sales to Israelβ¦the first EU Jewish leader to accuse Israel of using EU weapons to commit war crimes.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Okay so as expected we have confirmation that the
#SouthAfricavsIsrael
order will be handed down on Friday. A few reminders from the
#ProcedureGoblin
about this:
PRESS RELEASE: the
#ICJ
will deliver its Order on the request for the indication of provisional measures submitted by South Africa in the case
#SouthAfrica
v.
#Israel
this Friday, 26 January 2024, at 1 p.m. (The Hague). Watch live on
@UNWebTV
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Another thing I think is worth observing here is that the Court has ordered 'immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance'. Immediate and EFFECTIVE and Israel has to report back on compliance.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
OMG NO this is a truly terrible idea please DO NOT do this. You will take up the Court's time and resources instead of them being able to focus on the actual case. YOUR FEELINGS ARE IRRELEVANT. Leave it with South Africa's very capable legal team.
Instructions on how to contact International Court of Justice (ICJ) Judges to express how you feel, before they make judgement on South Africa Vs Israel genocide case on ThursΒ 11thΒ Jan,Β 2024: (Process will take max 3min)
Watch case live on Thu 11th on this link:
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
This is 40 (and I promise, my last birthday related post). I was genuinely freaking out about turning 40, but now I'm feeling excited. Could be the champagne talking.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
And this might be one reason the Court didn't order a ceasefire; because it considered that it couldn't do so when the legality of the military action is determined by matters outside the scope of the current case.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Okay it's not for a couple of hours but here's where I will live tweet the
#SouthAfrica
v.
#Israel
proceedings at the
@CIJ_ICJ
. Bookmark this tweet or some shit idk. This is a
#ProvisionalMeasures
hearing. It will NOT determine whether Israel has or has not committed genocide.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Okay just saw some tweets suggesting the ICJ judges are instructed on how to vote by their governments. Going to scream into my pillow for a while then go to sleep. Please, just shut the fuck up you do NOT know what you are talking about.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
It's your friendly neighbourhood
#ProcedureGoblin
here ready with another live-tweeting session of the International Court of Justice. Today it is provisional measures hearings in Nicaragua v. Germany. I'm in a hotel bathrobe with a glass of cab merlot. Let's gooooooooo.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Okay so hello to my 1200 new followers that Ihave gained over the last 48 hours - you're probably here for international law stuff so i must warn you that you are also probably going to learn a lot about K-pop
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Think I just frightened a journalist with my ranting but we need to stop asking why "the law" isn't fixing this - the law is being BROKEN by Israel and Hamas and the ICJ* and ICC are already doing what they exist to do within the confines to which they are subject.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Here are SA's actual requests to the Court, let's take a look at them. Unlike last time, I think there is a possibility of more measures coming. The situation on the ground has changed; the famine is much more acute for example.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I'm 40, I have been an academic for 20 years but I'm still a PhD student. I have two kid. I have done this entire thing upside down and back to front. There is NO right way, and no one should discourage you from pursuing something you want.
Very sad to learn that female scholars are still being discouraged from embarking on an academic career by being told that starting a family is a career risk and that they should be tenured, or have reached any other marker of success, by age X. Academia should know better!
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Officially PhD confirmed! My endless thanks to Hilary Charlesworth and Margaret Young for supervising me, and to
@orford_anne
for her wonderful and insightful comments.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Day 2 coming up! We will be hearing the submissions of
#Israel
at the
@CIJ_ICJ
. I will create a new thread from this tweet. Meanwhile I'm here, trying to be thankful for the good things in my life. I think tonight will be challenging for many. Go easy.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I don't know why, but methodology just makes me angry and resentful. Don't make me explain why I researched stuff, and certainly not by reference to other people's explanations for why they researched their stuff. Just fucking read it.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Absolutely *freaking out* that Pierre d'Argent cited my blog post in the Guyana v. Venezuela oral proceedings before the ICJ! Thank you
@OriPomson
for pointing it out to me.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
@ntinatzouvala
As a cis woman who has had two small humans come out of her hoo ha, I'm here to say that 'birthing parent' is an excellent and preferable active voice description of the effort involved. You can call the other one the 'standing around' parent.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I'm going to get dragged for this but idc If you actually love Israel, you need to be honest about what is happening. Blindly shielding them from the consequences of their own wrongdoing (and every State does shit wrong at some point) is destroying the system that keeps us safe.
The White House position that the US government has not reached a *legal assessment* that at any point in this conflict Israel has violated international humanitarian law is no longer even colourably plausible, if it ever was.
The evidence is the words of President Biden 1/5
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
There's been an interesting shift in the requests made by South Africa to the
@CIJ_ICJ
in respect of ceasefire. First time around they went for what we might call the Ukraine model. This was unsuccessful.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
#Breaking
South Africa has made an urgent request to ICJ to consider whether the decision announced by Israel to extend its military operations in Rafah requires that the court uses its power to prevent the breach of the rights of Palestinians in Gaza.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Yet further evidence, if needed, of the fact that ICJ judges are absolutely not beholden to the views of "their" State. Let us never speak of it again.
Justice Sebutinde ruling at the International Court of Justice does not represent the Government of Ugandaβs position on the situation in Palestine. She has previously voted against Ugandaβs case on DRC. Ugandaβs support for the plight of the Palestinian people has been expressed
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Can anyone point to a good TWAIL or global south piece about the meaning of sovereignty?
@ntinatzouvala
can you help me? I want to read something that isn't just about European princes.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Every time the "West" or the powerful says 'ah fuck it, we'll skip the law and just use bombs' that validates Houthi rebels or Hamas or whatever doing exactly the same thing. Random thoughts while sitting in the theatre...
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Our team has determined that at this point the risk of actively delivering aid in Gaza is far too great. This decision was not made lightly. Please visit our website for FAQβs:
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Isn't this the same bloke that refused to read even a basic first year textbook about the definition of genocide? I'd recommend hard blocking what an outrageous smear.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Right folks, here's the kick off post for commentary tonight. It will be quick, because the Court just reads out the order. Nothing else happens. The parties don't say anything at all. I'll thread my comments from here as per usual.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I'm really tired of being insulted every time I post. I know others have it much worse but perhaps they also have a thicker skin... No one is making you follow me, if you don't like what I have to say just go do something else.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
My PhD is going so badly today I feel like I'm going to cry. Sharing for other PhD students in case you're having a bad day too. You're not alone!
#phdchat
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
It's different from Ukraine because there the military action was premised on the Genocide Convention. It was a straight line. Here that doesn't apply.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I have had probably a whole bottle of champagne and now at 11pm just ordered a bunch of fried chicken in case anyone was looking for inspiration on how to celebrate submitting your PhD thesis.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
sometimes it's the smallest things - like the way a tiny child's hands shake in terror - that have the biggest impact on me. i wish i could do something more. i wish i could hold that baby and tell them they are safe. i wish they were safe.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Here is the application. Significantly broader in material scope than South Africa v Israel due to Germanyβs and Nicaraguaβs article 36(2) declarations:
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I am fascinated by the fact that Judge Sebutinde has single handedly revived the debate about LEGAL disputes vs political disputes which has been dead for years now. I will need time to read this carefully.
π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
The Lemkin Institute has had it with the cynical lies and propaganda from Israel and the USA. One can have different views about the definition of genocide, but one may not use definitional disputes to deny genocide. If a genocide may be occurring, every nation is compelled by
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
The structural inability of the UNSC to act in this space is a long term problem for the enforcement of international law. But it says nothing - NOTHING - about the importance or binding nature of those laws. And it certainly doesn't mean they're "not law".
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
But here's the rub. The law can't do anything by itself. It needs to be enforced, and there IS an enforcement problem, created in part by the very construction of the United Nations itself.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
As expected and now everyone is mad in the comments. It's a Court. The LEGAL situation hasn't changed and even the facts are not substantially different than they were a few weeks ago so what did you think they were going to be able to do?
PRESS RELEASE: the
#ICJ
issues its decision on South Africaβs request for additional provisional measures in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (
#SouthAfrica
v.
#Israel
)
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Colleagues on here working tirelessly to provide information about international law but please remember folks that this is ~social media~ meaning short and quick takes. Not always expressed perfectly. You want more detail or all the caveats, please go read our academic papers.
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I just got up at 5.30am and wrote a whole ICJ explainer only to find out that The Conversation team are all on break until the 8th?! Any journos out there want it?
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
I'm not a trained philosopher or theorist, but I don't get the panic about law being indeterminate. If light can be both a wave and a particle, and if the quantum state exists, surely we can accept the proposition that a legal problem may have more than one right answer?
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Just wrote the conclusion for my third and final PhD case study. I have a half-written theory chapter to complete and then I ... basically have a first draft?
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π³οΈβπ Dr Juliette McIntyre π³οΈβπ REST
Completion seminar done! Sincere thanks to those who were able to come along. I was literally shaking but in the end, it went well and I am so grateful to
@orford_anne
for her insightful, thought provoking and generous engagement with my work.