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Israel Releases Classified Documents Ahead of ICJ Ruling

The material aims to rebut South Africa’s accusation of genocidal intent in Gaza.

An illustration of Alexandra Sharp, World Brief newsletter writer
An illustration of Alexandra Sharp, World Brief newsletter writer
Alexandra Sharp
By , the World Brief writer at Foreign Policy.
Israel’s legal advisor attends a meeting at the International Court of Justice.
Israel’s legal advisor attends a meeting at the International Court of Justice.
Tal Becker, Israeli legal advisor for the Foreign Affairs Ministry, looks on at the International Court of Justice in The Hague on Jan. 12. Remko de Waal/ANP/AFP via Getty Images

Welcome back to World Brief, where we’re looking at Israel publicizing dozens of secret government documents ahead of an expected ICJ ruling, Poland’s opposition accusing the prime minister of ordering torture, and Nepal holding parliamentary elections.

Welcome back to World Brief, where we’re looking at Israel publicizing dozens of secret government documents ahead of an expected ICJ ruling, Poland’s opposition accusing the prime minister of ordering torture, and Nepal holding parliamentary elections.


New Evidence

Israel declassified more than 30 secret government and military orders on Thursday that it says are evidence of its efforts to minimize civilian deaths in the Gaza Strip. The move aims to rebut South Africa’s case at the International Court of Justice (ICJ) accusing Israel of committing genocide against Palestinians in Gaza.

The court is set to deliver an initial provisional ruling on Friday that would determine (1) whether the ICJ has jurisdiction over the case, (2) whether the acts that South Africa has accused Israel of committing could potentially fall under the scope of the 1948 Genocide Convention, and (3) whether there is an urgent need to order emergency “provisional measures.” South Africa has requested eight such measures, including that Israel immediately suspend its military operation in Gaza. The ICJ ruling will be legally binding, but the court lacks the ability to enforce it, which means that even if the ICJ rules in favor of emergency measures, there is no guarantee that Israel will comply.

South Africa’s case, first filed in December 2023, cites inflammatory comments by top Israeli leaders as evidence of genocidal intent. These include more than 50 statements made since Hamas’s Oct. 7, 2023, attack, such as Israeli Defense Minister Yoav Gallant saying Israel is fighting “human animals” and Heritage Minister Amichai Eliyahu suggesting that Israel drop a nuclear bomb on Gaza, a comment he reiterated on Wednesday.

Israel is arguing that lawmakers’ public statements were overruled by executive decisions and other official war cabinet and military orders, including those listed in Thursday’s document reveal. Some of the declassified papers transcribe cabinet discussions, beginning in late October 2023, in which Prime Minister Benjamin Netanyahu ordered humanitarian aid to be sent to Gaza. They highlight incidents when the prime minister suggested having “external actors” set up field hospitals for Palestinians and mooring a hospital ship off the region’s coastline to treat victims. “The prime minister stressed time and again the need to increase significantly the humanitarian aid in the Gaza Strip,” a Nov. 14 cabinet meeting details.

None of the documents include orders from the first 10 days of the war, when Israel shut off electricity and water access into Gaza and blocked aid from entering the area.

Israel expects the ICJ to “throw out the completely absurd and ridiculous charges pressed by South Africa,” an Israeli government spokesperson said. More than 25,000 Palestinians have been killed since Oct. 7, according to the Hamas-run Gaza Health Ministry, and most of Gaza’s roughly 2.3 million residents have been displaced.


Today’s Most Read


What We’re Following

Torture accusations. Polish opposition leader Jaroslaw Kaczynski, who heads the Law and Justice party, threatened legal action against Prime Minister Donald Tusk on Thursday after accusing local authorities of torturing two jailed parliamentarians, whom Kaczynski believes could have been considered political prisoners. Former Interior Minister Mariusz Kaminski of the Law and Justice party and his deputy, Maciej Wasik, were arrested on Jan. 9 after being convicted of abuse of power last December. A local court then ordered Kaminski to be force-fed while he was on a hunger strike to protest his arrest. He and Wasik were pardoned by Poland’s president shortly thereafter and released.

Kaczynski said he plans to appeal to the European Union to investigate the torture allegations, and he questioned Tusk’s legitimacy, calling for a “transition period” and new elections. “I am convinced that this is Tusk’s personal decision, and he should be held personally responsible for torture in Poland,” Kaczynski added. Meanwhile, Tusk accused Kaczynski of contemplating a coup.

Victory for the status quo. Nepal’s ruling parties swept 18 out of 19 seats in the nation’s upper house during parliamentary elections held on Thursday. In total, 51 candidates from eight political parties across all seven provinces were in the running. But the Nepali Congress, the nation’s largest party, won 10 seats, and the Communist Party of Nepal (Maoist Center), Communist Party of Nepal (Unified Socialist), and Janata Samajbadi Party collectively secured eight spots. The opposition Communist Party of Nepal (Unified Marxist Leninist) won just one seat despite being the country’s second-largest political party.

Nepalese President Ram Chandra Poudel will appoint an additional lawmaker to the body in line with the upper house’s recommendations. Newly elected members will begin their six-year terms on March 3. Only provincial assembly members, chiefs, and their deputies were allowed to vote.

Reporting for duty. Taiwan’s new military recruits kicked off their first round of extended compulsory service on Thursday to combat China’s rising security threat. Although the recruits were initially ordered to serve just four months, outgoing President Tsai Ing-wen announced a one-year extension in late 2022. All men ages 18 and older must enlist in Taiwan’s military. Around 670 conscripts joined the first batch on Thursday, the nation’s army said, with more than 9,100 others planning to join this year.

The army said the longer mandatory conscription is intended to enhance combat effectiveness, improve the quality of reserve units, and boost mobilization energy in response to near-daily Chinese military activity near Taiwanese territory. “In the face of a complex international environment, it is our first priority to build the strong will to resist the enemy,” Taiwan’s army said in a statement.


Odds and Ends

Tea has once again divided the Commonwealth and its former colonies. The U.S. Embassy in London on Wednesday issued an official (tongue-in-cheek) rebuke of an American professor’s suggestion to add salt when making a cup of tea after the idea provoked consternation across the pond. “We cannot stand idly by as such an outrageous proposal threatens the very foundation of our Special Relationship,” the U.S. Embassy said. The proper way to brew tea, it added, is microwaving it—another notion guaranteed to horrify Brits. The U.K. Embassy in Washington fired back with a video featuring members of the British Armed Forces politely demonstrating how to make a “proper” cup of tea. Boston Tea Party 2.0, averted.

Alexandra Sharp is the World Brief writer at Foreign Policy. Twitter: @AlexandraSSharp

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