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Anti-Semitism an open-ended Definition, raises questions on Jus Cogens?

 

From the University grounds in United States, United Kingdom, Germany, Netherlands, Australia, to the US Senate and more recently the Prime Minister of Canada and others; everyone is passionate about expanding the definition of Anti-Semitism and portraying anyone who dares question Israel’s crimes against Humanity in Gaza as criminals or individuals on the brink of facilitating acts of terror.

Given the tech supremacy in Military Industry with a disproportionate concern for soldiers alongside research on mental health issues among soldiers it is natural, especially among military powers like US and its ally Israel, that robots will be doing more than blowing up buildings as it is doing at present in Gaza. Under such circumstances it is important to analyse what such a definition would mean at the ground level; such an inquiry is relevant at the conceptual level and for global governance.

When students and others stand up against the war crimes, crimes against humanity and genocide carried out by Israel on Gaza Palestine, they are asserting the need for protecting the universality of Jus Cogens [1] and its superiority in the hierarchy of laws both international (including treaties) and domestic laws. Yet, the students and others who stand for justice are brutally silenced, either by legal force or by ill-disguised blackmail strategies that include suspension of fellowships or stability as jobs in the present or the future.

But what does such response to legitimate concerns about humanity, communicate logically:

a) It states, Jus Cogens is far from Universal, it is conditional and therefore can be redundant and void.

b) Prohibition against egregious conduct, such as crimes against humanity, genocide, slavery and human trafficking can be selective, influenced by local politics, executive branch of governance, trade agreements between states and by tech and military industrial needs.

c) Anti-Semitism and even expression of discrimination or difference in opinion can be considered to be an egregious conduct, if the victim is a Jew and the victim identifies the act as an egregious one and such identification ensures its default top position and thereby is above any other hierarchy of laws that exist.

4) Expression of solidarity with universality of Jus Cogens should be dealt with force and it can include measure that violate the fundamental rights of those who dare to stand for justice.

5) Hierarchy of law is not about source of law or role of constitution or role of judiciary, it is about the financial power of the Member State and its military strength.

6) When military might is by your side, even Genocide and Crimes against Humanity is Sanctioned. This is best expressed in the pride with which Israel asserts “Destroyed 20 residential blocks in 120 seconds”[1].

7) Be careful of what you choose for the US position after spending over 900 billion on military can be shaky given the scope for imitation military equipment and evolving knowledge of “Hack for Fun and Purpose”. This shift would be an environmental disaster, and natural disasters are immune to politics of power making vulnerability Universal.

8) United States Presidential Executive Orders rule over all else and thus speaking about Jus Cogens is like hitting a carcass to bring back life.

9) The open-ended definition of Anti-Semitism, and harsh, falsely handed out punishment may have the opposite impact than what western establishment intended, Antisemitism which in the past was considered a serious transgression in most instances, is now associated with Government or the Establishment’s desire to wield a strong hand and silence dissent. The meaning of Antisemitism is being diluted in scale and speed.

Reference

1. Jus Cogens : Jus Cogens differs from other norms it is considered mandatory, compels law makers to act in a specific manner. If the provision of a treaty conflicts with an existing Jus Cogens norms, that provision is invalid insofar as it violated Jus Cogens..

For norms to be considered as Jus Cogens its mandatory effect must be universally accepted by international community. The need for universality has restricted it to be prohibition against egregious conduct, such as crimes against humanity, genocide, slavery and human trafficking.

2. Hezbollah couldn't stop the genocide in Gaza :Marwan Bishara ALJazeera English 27/11/2024

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