Posted on 01/30/2024 7:40:01 PM PST by Right Wing Vegan
Judge Sebutinde, in her dissent, argued that “South Africa has not demonstrated, even on a prima facie basis, that the acts allegedly committed by Israel and of which the Applicant complains, were committed with the necessary genocidal intent, and that as a result, they are capable of falling within the scope of the Genocide Convention.”
She added that “the Applicant has not demonstrated that the rights it asserts and for which it seeks protection through the indication of provisional measures are plausible under the Genocide Convention.”
Sebutinde said the failure of states to reach a political solution to conflicts “may sometimes lead them to resort to a pretextual invocation of treaties like the Genocide Convention, in a desperate bid to force a case into the context of such a treaty, in order to foster its judicial settlement… In my view, the present case falls in this category.”
She said a careful review of Israel’s war policy “demonstrates the absence of a genocidal intent,” though she stressed that Israel is bound by international law in its conduct of the war.
“Unfortunately, the scale of suffering and death experienced in Gaza is exacerbated not by genocidal intent, but rather by several factors, including the tactics of the Hamas organization itself which often entails its forces embedding amongst the civilian population and installations, rendering them vulnerable to legitimate military attack,” she said.
(Excerpt) Read more at timesofisrael.com ...
Highly ironic but good.
How did she end up being so clear eyed and smart?
Just guessing; she didn’t attend an American or European law school?
Because Uganda and other countries near to Sudan and Somalia suffer from periodic raids by Islamic imperialist terrorist organizations. Every few months citizens are killed or kidnapped by the terrorists. There may be some deep understanding and sympathy for the suffering that the Israelis have put up with.
This judge knows that whether or not the government is that displeased with her work, plenty of muslim extremists at home and in other African nations are peering through their reticles at her. May this righteous judge be kept safe from harm.
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