Trump suggests billions for Israel at stake over 'war hero' Netanyahu's corruption trial

[Uncle Joe]

39. I said both American and International Law

Overview: Protecting the
Vulnerable in War
International humanitarian law (IHL) is
a set of rules that seek for humanitarian
reasons to limit the effects of armed
conflict. IHL protects persons who are
not or who are no longer participating in
hostilities and it restricts the means and
methods of warfare. IHL is also known
as the law of war and the law of armed
conflict.
A major part of international
humanitarian law is contained in the
four Geneva Conventions of 1949 that
have been adopted by all nations in
the world. The Conventions have been
expanded and supplemented by two
further agreements: the Additional
Protocols of 1977, relating to the
protection of victims of armed conflicts,
and the 2005 Additional Protocol III,
relating to the adoption of an additional
distinctive emblem.

These Conventions provide specific
rules to safeguard combatants, or
members of the armed forces, who
are wounded, sick or shipwrecked,
prisoners of war, and civilians, as well
as medical personnel, military chaplains
and civilian support workers of the
military.

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https://www.redcross.org/content/dam/redcross/atg/PDF_s/International_Services/International_Humanitarian_Law/IHL_SummaryGenevaConv.pdf?srsltid=AfmBOoqYZU9GHZnVRyO-hSSwRbc0bbNUstz7r5tIiCNd1RvCS7IOvXSv

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Experts hail ICJ declaration on illegality of Israel’s presence in the occupied Palestinian territory as “historic” for Palestinians and international law

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The landmark ruling of 19 July 2024 declared that Israel’s occupation of the Gaza strip and the West Bank, including East Jerusalem, is unlawful, along with the associated settlement regime, annexation and use of natural resources. The Court added that Israel's legislation and measures violate the international prohibition on racial segregation and apartheid. The ICJ mandated Israel to end its occupation, dismantle its settlements, provide full reparations to Palestinian victims and facilitate the return of displaced people.

“The advisory opinion reaffirms peremptory norms prohibiting annexation, settlements, racial segregation and apartheid, and should be seen as declaratory in nature and binding on Israel and all States supporting the occupation,” the experts said.

The Court refuted the notion that Palestinian self-determination must be achieved solely through bilateral negotiations with Israel – a requirement that has subjected Palestinians to violence, dispossession and rights violations for 30 years.

“The Court has finally reaffirmed a principle that seemed unclear, even to the United Nations: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable,” the experts said.

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https://www.ohchr.org/en/press-releases/2024/07/experts-hail-icj-declaration-illegality-israels-presence-occupied

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Israel Not Complying with World Court Order in Genocide Case

Failing to Ensure Basic Services, Aid

(The Hague, February 26, 2024) – The Israeli government has failed to comply with at least one measure in the legally binding order from the International Court of Justice (ICJ) in South Africa’s genocide case, Human Rights Watch said today. Citing warnings about “catastrophic conditions” in Gaza, the court ordered Israel on January 26, 2024, to “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian aid,” and to report back on its compliance to the specific measures “within one month.”

One month later, however, Israel continues to obstruct the provision of basic services and the entry and distribution within Gaza of fuel and lifesaving aid, acts of collective punishment that amount to war crimes and include the use of starvation of civilians as a weapon of war. Fewer trucks have entered Gaza and fewer aid missions have been permitted to reach northern Gaza in the several weeks since the ruling than in the weeks preceding it, according to United Nations Office of the Coordination of Humanitarian Affairs (OCHA).

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https://www.hrw.org/news/2024/02/26/israel-not-complying-world-court-order-genocide-case

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1. What is the Leahy law?

The term “Leahy law” refers to two statutory provisions prohibiting the U.S. Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights (GVHR). One statutory provision applies to the State Department and the other applies to the Department of Defense. The State Department Leahy law was made permanent under section 620M of the Foreign Assistance Act of 1961, 22 U.S.C. 2378d. The U.S. government considers torture, extrajudicial killing, enforced disappearance, and rape under color of law as GVHRs when implementing the Leahy law. Incidents are examined on a fact-specific basis. The State Department Leahy law includes an exception permitting resumption of assistance to a unit if the Secretary of State determines and reports to Congress that the government of the country is taking effective steps to bring the responsible members of the security forces unit to justice.

The DoD Leahy law is similar to the State Leahy law. Since 1999, Congress included the DoD Leahy law in its annual appropriations act. The DoD Leahy law is now permanent in Section 362 of Title 10 of the U.S. Code. It requires that DoD-appropriated funds may not be used for any training, equipment, or other assistance for a foreign security force unit if the Secretary of Defense has credible information that such unit has committed a GVHR. The law allows for two exceptions to this restriction. The first in cases where the Secretary of Defense (after consultation with the Secretary of State) determines that the government of that country has taken all necessary corrective steps. This first exception is also known as “remediation.” A second exception exists if U.S. equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.

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https://www.state.gov/bureau-of-democracy-human-rights-and-labor/releases/2025/01/leahy-law-fact-sheet