One of the principles of international human rights law is that human rights are universal, they apply “regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. . . . States must refrain from interfering with or curtailing the enjoyment of human rights,” they must “protect individuals and groups against human rights abuses,” and they “must take positive action to facilitate the enjoyment of basic human rights.”[1]
In an article opposing their own magazine’s endorsement of Kamala Harris, a few Nation interns contrast Harris’ promise to affirm the right to an abortion with her neglect of Palestinian rights in her promise to support Israel in its genocidal attack.[2] This contrast effectively draws upon international human rights law. The U.S. has the power to cut off Israel’s funding and arms supplies, thus halting the genocide and affirming Palestinian rights. And it has the obligation to do so.
The International Court of Justice “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 Court further “reaffirmed a principle that seemed unclear, even to the United Nations: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable.” And “Israel and other [United Nations] Member States must immediately comply.”[3]
In their defiance of this ruling, Israel and its supporters, including the United States and the United Kingdom, make themselves, to the extent they were not already, rogue states. We should condemn genocide in any case. We no longer have any excuse not to. But we refuse.
Instead, we in the U.S. fuss over our institutionalized false dichotomy (the two-party system) and argue over who is worse when both major party candidates in an election a few days hence fully embrace this genocide. This cannot be a legitimate system. It is a rogue system.
It is a rogue system that refuses the principles of international human rights law.
[1] Office of the High Commissioner on Human Rights, “What are human rights?” n.d., https://www.ohchr.org/en/what-are-human-rights
[2] Thomas Birmingham et al., “Kamala Harris Does Not Deserve The Nation’s Endorsement,” Nation, October 25, 2024, https://www.thenation.com/article/politics/kamala-harris-counter-endorsement/
[3] Office of the High Commissioner on Human Rights, “Experts hail ICJ declaration on illegality of Israel’s presence in the occupied Palestinian territory as ‘historic’ for Palestinians and international law,” July 30, 2024, https://www.ohchr.org/en/press-releases/2024/07/experts-hail-icj-declaration-illegality-israels-presence-occupied