Unfold Zero update on Law not War

Posted: 3rd February 2024

UNFOLD ZERO Update on LAW not War

In this Legal Alternatives to War (LAW not War) update:

1. International Court of Justice Genocide Cases
  * Jan 26: South Africa v Israel. Provisional order announced
    * Feb 2. Ukraine v Russia. Judgment on the preliminary objections

2. LAW not War meeting of participating organizations
  Feb 20. LAW not War international program and strategy meeting

3. From the Doomsday Clock to nuclear abolition
    Feb 3. Annual Meeting Abolition 2000 global nuclear abolition network.
Campaign updates, youth engagement, strategy discussions.

On January 26, the International Court of Justice (ICJ – or the ‘Court’) delivered its Order on the Request for provisional measures submitted by South Africa in the case South Africa v. Israel (Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip).

The ICJ decided that it had jurisdiction to consider the case, and rejected Israel’s appeal for the case to be dropped from the Court’s docket.

The Court did not take any decision on whether or not Israel is in violation of the Genocide convention (that comes later), and declined South Africa’s request to call for an immediate ceasefire. However, the Court made a provisional order on Israel to:

take all measures within its power to prevent the commission of acts of genocide in Gaza including by the Israeli military;
prevent and punish any direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;
enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip
submit a report to the Court on all measures taken within one month.

The ICJ also called on Hamas (not a party to the case) to immediately and unconditionally release the Israeli hostages they are holding.

The Court’s decision that it has jurisdiction to consider the case, and the provisional measures announced, are significant and place considerable legal and political pressure on Israel to change its military approach in Gaza, and also on Hamas to release the hostages.

Watch the delivery of the ICJ order on UNTV (the delivery starts 9 minutes into the video)

Judge Joan E. Donoghue, President of the International Court of Justice, delivering the Order of Provisional Measures in the South Africa v Israel case, January 26, 2024.

Ukraine v Russia: Judgment on preliminary objections

On Friday 2 February 2024, the International Court of Justice will deliver its Judgment on the preliminary objections raised by the Russian Federation in the Ukraine v Russia Case (Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide).

Ukraine initiated proceedings against Russia on February 26, 2022, alleging that “the Russian Federation has falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts of Ukraine” and used these false allegations as a reason to launch the ‘special military operation’ (military invasion) against Ukraine.

Ukraine also accused the Russian Federation of “planning acts of genocide in Ukraine” and contends that Russia “is intentionally killing and inflicting serious injury on members of the Ukrainian nationality, the actus reus of genocide under Article II of the [Genocide] Convention”.

The Russian Federation has raised objections to the jurisdiction of the Court and to the admissibility of the case. The Court will announce on Friday its decision on the objections raised by Russia.

The sitting will be streamed live and on demand (VOD) in the two official languages of the Court, English and French, on the Court’s website and on UN Web TV.

Ukraine v Russia – Terrorism and Racial Discrimination

ICJ Judgment delivered January 31

On January 31, in a related case, the International Court of Justice delivered its judgmenton Ukraine v. Russian Federation (Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination).

Ukraine initiated proceedings in 2017, alleging that “following the Orange Revolution of 2014, the Russian Federation escalated its interference in Ukrainian affairs to dangerous new levels, intervening militarily in Ukraine, financing acts of terrorism, and violating the human rights of millions of Ukraine’s citizens, including, for all too many, their right to life”.

In its judgment delivered on Jan 31, 2024, the ICJ declared that the Russian Federation, through various actions undertaken in Ukraine, including in Crimea, has violated the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of Racial Discrimination. However, the Court did not make any orders on Russia with regard to reparations sought by Ukraine.

On January 31, 2024, the International Court of Justice delivered its judgment in the case of Ukraine v Russia: Allegations of Violation of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of Racial Discrimination.

LAW not War meeting of participating organizations

Online. February 20, 2024

The ICJ, one of the principal organs of the United Nations, provides a vital mechanism for States to resolve their international disputes peacefully, prevent escalation to war and/or end armed conflicts. Despite this, only 1/3 of UN Member States currently accept compulsory (unrestricted) ICJ jurisdiction.

LAW not War is a global coalition and campaign to enhance the jurisdiction and use of the International Court of Justice (ICJ) in order to assist countries in resolving international disputes peacefully rather than through recourse to the threat or use of force.

The authority of the ICJ within the United Nations system, and the unique contribution the ICJ plays with respect to the application of the law, ensures that its decisions exert considerable influence and impact on the parties and other stakeholders in its cases. Better use of this authority should be made to end the scourge of war, as envisaged in the UN Charter.

LAW not War was launched in October 2023 by a coalition of seven co-sponsoring organizations and more than 80 participating organizations (see LAW not War for the list of organizations). This meeting will provide opportunities to learn more about the role of the ICJ and discuss strategies to encourage greater acceptance and use of ICJ jurisdiction.

The meeting is open for representatives of LAW not War participating organizations and organizations that are considering joining LAW not War. Contact LAW not War if you are interested in participating in the meeting.

From the Doomsday Clock to nuclear abolition.
Abolition 2000 Annual Meeting

February 3. Online. Sessions timed to suit all time-zones around the world

The Doomsday Clock announcement on January 23 that the world stands at 90 Seconds to Midnight reminds us that we must build a stronger, more effective, more cooperative nuclear abolition movement to prevent nuclear war and advance nuclear disarmament.

Join the 28th Annual Meeting (on-line) of Abolition 2000, the global civil society network established in 1995 for the elimination of nuclear weapons.

The meeting will include campaign reports, strategy discussions and movement building with the theme ‘Keeping the Network Connected’. It will feature youth initiatives and intergenerational cooperation – and include young activists from Moruroa e Tātou (winners of the prestigious 2024 PACEY Award), Steppe Organization for Peace: Qazaq Youth Initiative for Nuclear Justice (Kazakhstan), International Student and Youth Pugwash, Youth Fusion and other youth peace and disarmament networks.