Declarations by Mr. Raji Sourani, Palestinian lawyer in the indictment against Israel brought by South Africa before the International Court of Justice, in The Hague

Declarations by Mr. Raji Sourani, Palestinian lawyer in the indictment against Israel brought by South Africa before the International Court of Justice, in The Hague

Question: “Do you think Israel will comply with precautionary measures ordering a halt to the offensive against Gaza?

Answer: Of course not. They [the leaders of the Zionist entity] are arrogant and feel that they are above international law and human rights. But this would be a key situation for the European Union and the USA, and would force them to have to choose between the law of the jungle and the rule of law. They would have to make a decision on the selectivity and politicization of international law. [Because,] How can they treat Bosnia and Herzegovina in one way, and Palestine in another? How can they deal with the war in Ukraine in one form, calling for a ceasefire and to stop crime, and not do it with Gaza?

“The world’s gravest crime is being committed in Palestine: a genocide broadcast live to the whole world, and so far they [Western “democracies”] have done the opposite of what they are doing in Ukraine and Bosnia, that is: support Israel’s right to self-defence; which is totally insane and stupid, because the criminal belligerent occupation has no such right.” Etc. (Translation from his statements published in Spanish by ElDiario.es, January 22, 2024.)

On the aggression of Russian imperialism against the Ukrainian People, see our text Agudización de la actual crisis geo-política: agresión del Imperialismo Moscoviano contra el Pueblo Ucraniano y su Estado. And regarding the traiga reality that Mr. Sourani’s words reflect, we reproduce a few paragraphs from our texts of reference:

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“The United Nations’ Organization (UNO): an instrument of the victorious States in World War II (excluded the 'States enemies'), set forth the principles of this New World Order of contemporary International Law. It thus recognized the right of self-determination or independence inherent to all Peoples; condemned as imprescriptible and international crimes the aggression, the ‘right’ of conquest, State Terrorism, and imperialism and colonialism in all their forms; and defined the difference between aggression and legitimate self-defence, and between terrorism – individual or of State – and the legitimate struggles of Peoples’ liberation, carried out by their ‘fighters for freedom and self-determination’.

“In this way, the international, fundamental and inherent rights of independence, free disposition or self-determination of all Peoples, and of their legitimate self-defence against imperialistic aggression, as well as those of INDEPENDENCE AND INTEGRITY OF THEIR STATES LEGITIMATELY CONSTITUTED AND ‘CONDUCTING THEMSELVES IN COMPLIANCE WITH THE PRINCIPLE OF EQUAL RIGHTS AND SELF-DETERMINATION OF PEOPLES’ (UN General Assembly Resolution 2625 [1970]): an essential part of International Law, were formulated, voted, formally recognized – not constituted – and inscribed in the UN Charter since 1945 (that is, under the conditions of the post-World War II and after the abortive attempt of the League of Nations carried out after the First one), on the initiative of the USSR – which did not annul the domination of Russian imperialistic Nationalism over its subjugated Peoples and States – but under the pressure of the Peoples and States of the so-called Third World.

“From its founding Charter of San Francisco there follow the rules constantly formulated and not implemented by the UNO; without having the multiplication and profusion of declarations, resolutions, decisions and conventions – either sincerely or hypocritically repetitive but deliberately and stubbornly mocked and betrayed – been able so far to achieve the suppression and eradication of the imperialistic plague: shame of the ‘civilized’ world and first source of conflicts and threats to the peace and freedom of Humanity.

“Imperialistic aggression consists of criminal, original, unilateral and eminent Violence; and the crimes committed in that imperialistic aggression, namely: crimes against the laws of war, crimes against the peace and security of Peoples and – where appropriate – of their legitimately constituted States, and crimes against Humanity, are imprescriptible and unforgivable, if we truly wish to seek their eradication.

“In the face of all this, the international right of legitimate self-defence: recognized in Article 51 of the Charter, is timeless and permanent, and its realization does not imply a violation of peace but a restoration of the conditions of peace, which must necessarily be based upon the indefeasible human rights that were violated by the original aggression of imperialism. This is a permanent aggression, and a continuous, endless and immanent chain of crimes, conflict, oppression, persecution and Terrorism that can never be prescribed. Therefore, the repression of the aggressor against the timeless right of legitimate self-defence of the attacked People is a continuation of the original crime of aggression, and in no way ‘self-defence’.

“Yet, nowadays, the practice and – increasingly more – even the theory of the UNO deny the existence of the Peoples and of their legitimate States as the most radical means of fighting their freedom and their rights of self-determination or independence and of legitimate self-defence; attribute those rights to the recognized States (which makes of the right ‘of the Peoples’ a mere rhetorical reference); recognize the imperialism and fascism – homologated under a crude and cynical label of ‘democracy’ – as legitimate forms of international policy; and describe those who resist them – in the exercise of their right of legitimate self-defence – as bandits, thieves, murderers and terrorists in the ad hoc, reductive and super-extensive sense that, according to its convenience, the dominant imperialistic and fascist ideology attribute to such qualification. (On this ideological and terminological manipulation, see, among others, Chapter 8 – ‘Ideological camouflage of criminal Violence and State Terrorism’ of our work ‘Violence and Terrorism.- Their ideological mystification at the service of imperialism’.)

“The UNO has abandoned its own principles of International Law. Thus, the affirmation of the right of Peoples’ self-determination: incorporated in the Charter by ‘We, the Peoples of the United Nations’ as a right ‘of all Peoples’, could lead into error. Indeed, the principle that reads “All Peoples have the right of self-determination” did never intend to translate the truism: ‘Do have right of self-determination all the Peoples which have the right of self-determination’. However, the practice of that Organization leads to interpreting it in this way and to recognizing this principle only to some Peoples – which would be Peoples in the strict and full sense of the word – but to denying it to others; thus being the right of self-determination constitutive only of some Peoples, and not attributive of all Peoples.

“In short, in the practice currently observed by the imperialistic conglomerate on a global scale: made up of the hegemonic Powers – or aspiring to be so – and their Allies, the admission of fundamental human rights and above all the right of self-determination or independence of all Peoples: which according to contemporary UN International Law is the first and the precondition for the full enjoyment of them all, as well as of the Peoples’ inseparable right to the independence, integrity and legitimate self-defence of their States lawfully constituted upon the aforementioned “respect for the principle of equal rights and free Self-Determination” or Independence of all Peoples (established since 1945 in Article 1 of the UN Charter and in constant Resolutions of its General Assembly, UNGAR 545 etc.), ‘is selective: it is reserved to those with whom one sympathizes’. Which does ultimately depend on the respective interests and even affinities of the Powers towards certain actors to the detriment of others; all this independently – if not in violation – of those fundamental human rights and, finally, of authentic Democracy.

“In this regard it is paradigmatic: because of its being incomprehensible and absurd, the blind, gratuitous and finally criminal support that – for almost eight decades now – the hegemonic Power has been giving to the supremacist, racist, theocratic and totalitarian Zionist Entity (whom it does not need at all while the opposite happens the other way round), whatever the latter does and no matter how many crimes against Humanity, genocide and constant violations of UNGeneral Assembly Resolutions it perpetrates. Which, and in exchange for unnecessarily earning the aversion of the true democrats throughout the world because of the aforementioned support, has been occurring since the forced creation of this Entity against the rights and the very existence of the indigenous and Semitic Palestinian People: which was criminally expelled without mercy from its lands and homes in 1948 by the Zionist Entity – with the complicity of the UNO and the “great” Powers – after the infamous secret agreements of the United Kingdom with France and the betrayals against its assumed Protectorate of Palestine, and which to this day continues to be criminally massacred, destroyed and expelled from its last homes by the Zionist Entity thanks to the obscene total support of the hegemonic Power. (For more details on this question, see Chapter 15 – ‘Introduction to Imperialism’, of our above-mentioned work.)

“On the international geopolitical chessboard, the small, weak and isolated Peoples and States are of no strategic importance, even though they may reach to be tactically, provisionally and locally taken into some consideration by the great Powers, should the former manage to become inserted in the latter’s organizational schemes of contradiction, conflict and balance; thus giving rise to more or less diverse or narrow variants of satellites, clients and protectorates.

“As a last resort, a subjugated People can only rely on its own resources, and not expect help from anyone. Every Nation confronted with its aggressors must abandon illusions in this regard; and know that, besides being obliged to develop a Resistance of strategic level and to avoid at all costs fatal errors, it can only count on its own forces in order to preserve national freedom or to reach to it: the precondition for to gain access to all the other freedoms. That  Resistance must be based above all on the ABSOLUTE rejection of any recognition/acceptance of the legitimacy of the imperialistic and fascist régime of military occupation. There is no other strategic basis for alliance or negotiation with others.

“In the reality of the International Law and the UNO law, not all Peoples are admitted or recognized, and in fact, for that Organization there only have rights the Peoples that are strong and capable enough so as to impose themselves upon the others or resist imperialism and colonialism; either by themselves, or with the alien assistance, protection or suzerainty. The others exist only as objects of policy and positive monist ‘law’ of the State or States that have dominated them. Under such conditions, and whatever their values and material and cultural contributions may be, those dominated Peoples are discarded, repudiated and condemned to be persecuted, destroyed, assimilated and replaced by their ‘great’ predators, with the blessing and assistance of those international institutions.

“Thus, the original aspiration to found the law for all the Peoples of the world has been discredited by the incapability of this international Organization to establish, develop and implement it. In its absence, the international political relations are founded on the antagonistic violence between Nations and States, without any ‘higher’ instance of order and power. The alleged protecting ‘international laws’ do not exist or protect any one, because no one imposes them and the States interpret them as it suits them better. Under such conditions, the ‘international community’ does not and cannot exist.

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“Unfortunately, the UNO abandoned their own principles of International Law and did very early show its dark side. The States Members of the UNO – and the international Organizations themselves – do breach, falsify and deny, if they can and it suits them best, the Peoples’ rights that they have formally recognized. Especially with regard to the rights of self-determination or independence, and of legitimate self-defence of subjugated Peoples, examined their observance in actual practice, it is evident that the International Law of the United Nations – being this Organization in the hands of the “Great” imperial or hegemonic Powers – does still remain built upon the same “rotten floor” that had its predecessor the League of Nations, namely: the “classic international law” of European imperialism. In such circumstances, when it comes to evaluating the behaviour of imperialism towards the Peoples that are being subjugated, what results of it is that imperialism investigates and judges itself: a “logical” implication of an abstruse – and false – self-limitation of those States.” Etc. (Excerpt from Chapter XVII: ‘Imperialistic reaction: involution of International Law’, from our general work: ‘EUSKAL HERRIA AND THE KINGDOM OF NABARRE, OR THE BASQUE PEOPLE AND ITS STATE, AGAINST FRENCH-SPANISH IMPERIALISM’.)