No matter how it concludes, South Africa’s lawsuit in the International Court of Justice arguing Israel has violated the Genocide Convention will go down in history. It will either be remembered as the first step towards finally holding a rogue state accountable for repeated, longstanding violations of international law; or as the last, dying breath of a dysfunctional, Western-led international system.
For the hypocrisy of Western governments (and the Western political elite as a whole) has finally brought the so-called “rules-based world order” they purport to lead to the point of no return. Full-throttled Western support for Israel’s genocidal rampage in Gaza has truly exposed the double standards of the West with regard to human rights and international law. There is no turning back, and the West has only its own arrogance to blame.
The litany of war crimes and crimes against humanity committed by Israel in Gaza are clear as the light of day for anybody who has access to a smartphone. Social media feeds are overflowing with videoclips of hospitals and schools being bombed, fathers pulling out the lifeless bodies of their children from under destroyed buildings, mothers crying over the corpses of their babies. And yet, the reaction of Western governments – besides seemingly limitless military and political support – has been to label any criticism of Israel as anti-Semitism and attempt to ban outright any expression of solidarity with the Palestinian people.
Regardless of this oppression, tens of thousands of people are coming out on the streets day after day expressing their disgust at Israeli atrocities and Western complicity. Desperate to regain some semblance of credibility, Western governments (including the US) have recently started to be marginally critical of Israeli attacks. However, it is too little, too late. Western credibility has been shredded irrevocably.
Of course, Western hypocrisy is nothing new. According to Western governments, the world should be up in arms about Russian aggression but should be perfectly happy with Israeli brutality and flouting of international norms. Ukrainians who throw Molotov cocktails at Russian occupation forces are heroes and freedom fighters, while Palestinians (and others) who dare to speak out against Israeli apartheid are terrorists. White-skinned refugees from Ukraine are more than welcome, while black and brown-skinned refugees from conflicts in the Middle East, Asia and Africa (most of which the West are behind) can sink to the bottom of the Mediterranean. The Western attitude has truly been: rules for thee, not for me.
The Western position towards China exhibits the same insincerity. China is virtually encircled by American and allied military bases, armed to the hilt. Yet it is China that is guilty of… what? Unable to point to any concrete infraction, Western governments and media can only accuse China of “increased assertiveness”, ie, not knowing its assigned subjugate place in the Western hegemonic order.
International justice has become a sick joke. Were the International Criminal Court (ICC) functioning effectively, Israeli leaders would be on trial even as we speak, and there would have been no need for South Africa to approach the ICJ. As it stands, though, the ICC only indicted Africans until 2022, when it announced an investigation into the Russian invasion of Ukraine less than a week after its start. The ICC issued indictments, including for Russia’s President Vladimir Putin, in less than a year. Conversely, it took over six years for the ICC to open an investigation into the situation in Palestine, and even now, years later, meaningful action has yet to be taken. While Israel continued its orgy of violence against the people of Gaza, Karim Khan, the British Chief Prosecutor of the ICC, visited Israel and stressed the need for Hamas’s crimes to be prosecuted, while going soft on Israeli crimes. Little wonder many civil society organisations are calling for him to be fired.
Of course, Western hypocrisy is nothing new. From the get-go, international legal norms were intended to apply only to so-called “civilised” – read white – peoples. Savages did not count, and the powerful Western states could – and did – do to them what they pleased. Natives certainly did not “own” land or natural resources, and colonial powers were free to steal and exploit those as they wished. Zionism was also founded on such racist attitudes – attitudes that remain at the core of Israeli policies to this day.
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