Listen Live on KKFI
Every Monday at 7:00pmAbout the Show
Law and Disorder
Law and Disorder is a weekly, independent radio program airing on several stations across the United States. Law and Disorder gives listeners access to rare legal perspectives on issues concerning civil liberties, privacy, right to dissent and the horrendous practices of torture exercised by the US government.
World Court: South Africa Presents Plausible Case That Israel Committed Genocide
On January 26, the International Court of Justice (ICJ, or World Court) handed down a historic, near unanimous ruling in South Africa’s case against Israel for its genocide against the Palestinians in Gaza. At least 26,422 Palestinians have been killed and 65,087 injured by the Israeli Occupying Forces since Hamas October 7 attacks. More than 85% of the Palestinians in Gaza have been displaced.
The World Court concluded that South Africa presented a plausible case that Israel is committing genocide in Gaza. The court held that the right of the Palestinians to be free from genocidal acts, and South Africa’s right (as a party to the Genocide Convention) to ensure Israel’s compliance with the convention, could be protected by six provisional measures (an injunction), which the court ordered Israel to take.
South Africas ministry of foreign affairs described the courts decision as a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people. The Lawyers for Palestinian Human Rights called the ICJs decision a much-needed light in the darkness, adding, It is a historic day for clearly recognizing the fundamental human rights of Palestinians, including their fundamental right to life, and an important vindication of the vital resort to law to uphold fundamental rights.
Richard Falk, former UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory, said the ICJs ruling marks the greatest moment in the history of the [court] because it strengthens the claims of international law to be respected by all sovereign states, not just some. This is particularly significant in light of the recent ruling here in the United States in which the federal district court on January 31 dismissed a lawsuit against Joe Biden, Antony Blinken and Lloyd Austin for their failure to prevent genocide and complicity in genocide by Israel.
Guest – Marjorie Cohn is Dean of the Peoples Academy of International Law and a member of the Bureau of the International Association of Democratic Lawyers. Marjorie is also professor of law emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She has written several articles about Israel’s genocidal campaign in Gaza for Truthout.
—-
Judge Dismisses Genocide Case On Behalf Of Palestinian Human Rights Groups
On January 26, just hours after the International Court of Justice found a plausible case that Israel is committing genocide in Gaza, a historic 4-1/2 hour hearing took place in a federal courtroom in Oakland, California. Palestinians who are suing President Joe Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin for failure to prevent genocide and complicity in genocide testified before district court Judge Jeffrey White in a live-streamed session. 1,000 people watched the hearing via Zoom. There were also hundreds of people outside the courthouse during the hearing, standing in solidarity with the Palestinian plaintiffs.
The Center for Constitutional Rights (CCR) filed the lawsuit on behalf of Palestinian human rights organizations Defense for Children International ” Palestine andAl-Haq, three Palestinian individuals who live in Gaza, and five Palestinian Americans who have family in Gaza.
The plaintiffs petitioned U.S. District Court Judge Jeffrey White to declare that the United States has violated international law and to issue a preliminary injunction to immediately force Biden, Blinken and Austin to stop providing additional money, weapons, and military and diplomatic support to Israel for its genocide in Gaza.
The defendants have asked Congress to appropriate $14.1 billion in military assistance to Israel — in addition to the $3.8 billion the U.S. already provides to Israel each year. Blinken authorized a $320 million transfer of military equipment to an Israeli manufacturer of precision bomb kits.
On January 31, Judge White dismissed the case because it involved a political question which is reserved to the executive and legislative branches. He wrote that the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide. But he concluded this case was a rare instance where the preferred outcome is inaccessible to the court. He also wrote that the Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.
Guest – Maria LaHood, one of the attorneys who presented the case for the Palestinian plaintiffs, Maria is Deputy Legal Director at CCR, with expertise in constitutional rights and international human rights. Maria works closely with Palestine Legal to support students and others whose speech is being suppressed for their Palestine advocacy around the country. She graduated from the University of Michigan Law School and was named a 2010 Public Justice Trial Lawyer of the Year Finalist.
Hosted by attorneys Heidi Boghosian, Marjorie Cohn and Julie Hurwitz
