Mouin Rabbani
๐ค SpeakerAppearances Over Time
Podcast Appearances
Is there a genocide going on in Gaza? Well, in several years, we will have a definitive response to that question. What has happened thus far is that on the 29th of December, the Republic of South Africa instituted proceedings against Israel pursuant to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
South Africa basically accused Israel of perpetrating genocide in the Gaza Strip. On the 26th of January, the court issued its initial ruling. The court at this stage is not making a determination on whether Israel has or has not committed genocide. So just as it has not found Israel guilty, it certainly also hasn't found Israel innocent.
South Africa basically accused Israel of perpetrating genocide in the Gaza Strip. On the 26th of January, the court issued its initial ruling. The court at this stage is not making a determination on whether Israel has or has not committed genocide. So just as it has not found Israel guilty, it certainly also hasn't found Israel innocent.
South Africa basically accused Israel of perpetrating genocide in the Gaza Strip. On the 26th of January, the court issued its initial ruling. The court at this stage is not making a determination on whether Israel has or has not committed genocide. So just as it has not found Israel guilty, it certainly also hasn't found Israel innocent.
What the court had to do at this stage was take one of two decisions. Either South Africa's case was the equivalent of a frivolous lawsuit and dismiss it and close the proceedings, or it had to determine that South Africa presented a plausible case that Israel was violating its obligations under the Genocide Convention and that it would on that basis hold a full hearing. Now, a lot of people
What the court had to do at this stage was take one of two decisions. Either South Africa's case was the equivalent of a frivolous lawsuit and dismiss it and close the proceedings, or it had to determine that South Africa presented a plausible case that Israel was violating its obligations under the Genocide Convention and that it would on that basis hold a full hearing. Now, a lot of people
What the court had to do at this stage was take one of two decisions. Either South Africa's case was the equivalent of a frivolous lawsuit and dismiss it and close the proceedings, or it had to determine that South Africa presented a plausible case that Israel was violating its obligations under the Genocide Convention and that it would on that basis hold a full hearing. Now, a lot of people
have looked at the court's ruling of the 26th of January and focused on the fact that the court did not order a ceasefire. I actually wasn't expecting it to order a ceasefire, and I wasn't surprised that it didn't, because in the other cases that the court has considered, most prominently Bosnia and Myanmar, it also didn't order a ceasefire.
have looked at the court's ruling of the 26th of January and focused on the fact that the court did not order a ceasefire. I actually wasn't expecting it to order a ceasefire, and I wasn't surprised that it didn't, because in the other cases that the court has considered, most prominently Bosnia and Myanmar, it also didn't order a ceasefire.
have looked at the court's ruling of the 26th of January and focused on the fact that the court did not order a ceasefire. I actually wasn't expecting it to order a ceasefire, and I wasn't surprised that it didn't, because in the other cases that the court has considered, most prominently Bosnia and Myanmar, it also didn't order a ceasefire.
And South Africa, in requesting a ceasefire, also didn't ask the court to render an opinion on the legitimacy or lack thereof of Israel's military operation. From my perspective, the key issue on the 26th of January was whether the court would simply dismiss the case or decide to proceed with it.
And South Africa, in requesting a ceasefire, also didn't ask the court to render an opinion on the legitimacy or lack thereof of Israel's military operation. From my perspective, the key issue on the 26th of January was whether the court would simply dismiss the case or decide to proceed with it.
And South Africa, in requesting a ceasefire, also didn't ask the court to render an opinion on the legitimacy or lack thereof of Israel's military operation. From my perspective, the key issue on the 26th of January was whether the court would simply dismiss the case or decide to proceed with it.
And it decided to proceed. And I think that's enormously significant.
And it decided to proceed. And I think that's enormously significant.
And it decided to proceed. And I think that's enormously significant.
Can you let me finish? Well, the end of the story is you specifically asked whether I think Israel is committing genocide. I explained formally there is no finding. And as you said, we won't know for a number of years. And I think there's legitimate questions to be raised. I mean, in the Bosnia case, which I think all four of us would agree was clearly a case of genocide. the court determined.
Can you let me finish? Well, the end of the story is you specifically asked whether I think Israel is committing genocide. I explained formally there is no finding. And as you said, we won't know for a number of years. And I think there's legitimate questions to be raised. I mean, in the Bosnia case, which I think all four of us would agree was clearly a case of genocide. the court determined.
Can you let me finish? Well, the end of the story is you specifically asked whether I think Israel is committing genocide. I explained formally there is no finding. And as you said, we won't know for a number of years. And I think there's legitimate questions to be raised. I mean, in the Bosnia case, which I think all four of us would agree was clearly a case of genocide. the court determined.
In the Bosnia case, the court determined that of all the evidence placed before them, only Srebrenica qualified as genocide and all the other atrocities committed did not qualify as genocide. You know, international law is a developing organism. I don't know how the court is going to respond in this case. So I wouldn't take it as a foregone conclusion how the court is going to respond.