Fisherman’s Cove, the Sea and Sky

Bogumil Pacak-Gamalski

What do you do, when you can’t sleep? You go outside for a walk, in the snow and wind. At ten, then at midnight, then get a short snooze and go again at 4. It is not dark anyway, for the snow makes it all one milky, eerie light. Take another snooze and — it is morning the next day, LOL. Somehow you have a strong pain in your right temples and pain in your right ear. Stroke? You speak loudly and the words appear to be coherent and proper, go to the mirror and your eyelid and mouth don’t seem to be drooping, LOL. Then it must be just an ear infection. Dosn’t matter. What is the best for a cold? A cold excursion to the countryside! Camera in hand, a quick coffee, and off we go. Was able to catch even the Moon in full sunshine!

Calendarium of Heroes of Humanity in XX and XXI century

Bogumił Pacak-Gamalski

… I have a dream

Mahatma Gandhi 1869 – 1948, Father of modern India. Promotor of equal rights for all people of India – regardless of their religious affiliation, Hindu or Muslim.

Martin Luther King 1929 – 1968, leader of the American Black movement for equal rights for all citizens, regardless of colour, race, and origin. Like Mahatma Gandhi represented nonviolent actions to achieve social and political changes. Assassinated.

Desmond Tutu 1931 – 2021, Anglican Archbishop of South Africa. Promotor and active supporter of the end of apartheid and equal rights for all citizens. Laureate of Nobel Peace Prize.

Alexey Navalny 1976 – 2024, political and social activist in Russia. Advocate of democratic principles, free elections, separation of judicial and government branches. Unyielding supporter of human rights in Russia. Opponent of Russia’s invasion of Ukraine. Survived many attempts by the Russian state to assassinate him. Refused an offer of political, safe asylum in the West and returned to his homeland. Arrested shortly after returning. Murdered by Putin in the Russian Far East penal colony on February 16, 2024.

The Woods – how You led me out of them

Bogumil Pacak-Gamalski

There are bad days. They come. I didn’t know that my emotional construction was still so fragile. Someone said something or wrote something to me, possibly in good intention – and everything fell down as a house of old rocks tumbling down in a cloud of dust. Cloud of dust and insecurities, despair. Everything I tried so hard to put together on my ocean beaches last summer – was taken away by a wave that came and washed it to the bottom of that ocean.

One of the very first lines I wrote after You were gone, after I tried to find traces of You, of us, on some trail we used to walk together – and I couldn’t find You anymore – felt like that exactly: insecurity, lost. Maybe even angry – why am I here if you are not?

I have simply called these short lines: ‘Woods’. The woods I ventured in and got lost. Couldn’t find my way back. Last night and today it felt like that – to be back in these woods.

The Woods

I’m in the woods, surrounded by trees. The sun filters through the leaves, creating a dance of light and shadow. The breeze caresses the branches, making them sway gently. The air is fresh and warm, but not too hot. It’s a perfect day for a walk.

But I’m not here to enjoy the scenery. I’m here to find you. You ran away from me, and I don’t know why. You didn’t say a word, just took off into the forest. I followed you as fast as I could, but you were always ahead of me. I called your name, but you didn’t answer. You didn’t even look back.

The terrain is rough and uneven. The ground is covered with dead wood, roots, and rocks. I’m not as agile as I used to be. I’m not a young buck anymore, confident in my strength and speed. I stumble and fall, scraping my hands and knees. I get up and keep going, hoping to catch a glimpse of you.

But you are nowhere to be seen. You are hiding from me, or you have already gone too far. You are out of my sight and out of my reach. I don’t know where you are, or if you are safe. I don’t know what you are thinking, or what you are feeling. I don’t know if you still love me, or if you ever did.

Maybe it wasn’t even an actual walk in the woods? Can’t remember anymore. Maybe it was a written record of one of my many nightmares, being half awake and half-asleep? Don’t know – there are days from these early times that are gone from my memory altogether, weeks like that. I know that they were, that I was there, too. Remember every detail, every second of You collapsing in my arms, the ambulances rushing to our home, every day and night in the hospital – and not much more after that. Just pieces of existence like a broken string of pearls rolling on the floor.

That’s that dark place I crumbled to last night and this morning. And You were not lost and gone, not hiding from me. You were right here and You guided me to a memory. The memory of a trip we took in 2016 to Alberta, our last trip to Alberta (apart from the huge trip across the continent to the shores of the Atlantic). We took a different route, a longer one, the one leading up North toward Valemount and through Highway 16 toward Jasper. But first, before reaching Jasper, one has to drive with the view of the massive, majestic Mount Robson. The highest mountain in the Canadian Rockies. Many, many years earlier I did a little climbing on this giant. Never reached the top, nor did I attempt to. Just wanted to do a bit of climbing on it and remember reaching some shelf-ledge on its steep wall, sitting on that ledge, and be amazed by the panoramic view in front. In 2016 we reversed the roles, we were the ones at the bottom in some valley, and the huge giant was looking at us from high above. It was amazing, the day was sunny, and practically there was no traffic. Remember embracing John and we both just admired the view. It felt good. We both liked going back on many visits to Alberta, especially John. After all, it was his home, where he grew up, where he went to school, his adolescence … and us at the end. We met there, and fell in love. That memory of that trip lifted me from that awful pit I fell into again.

After Sturm und Drung – Sunny Days will follow

Bogumil Pacak-Gamalski

In the late XVIII century, following the French Jean-Jacques Rousseau’s turn to feelings and emotions – the Germans introduced us to Sturm und Drang. Of course, only the Germans and German language can come up with such a militaristic-sounding term for literature and paintings reflecting deep emotions, love, romance, and tragedy, LOL. That is exactly how I felt on the North Atlantic shore for the past few days – a non-ending storm with heavy snow and a constantly overcast sky. Not even a wink from the Sun. Nada, zilch.

Skutkiem francuskiej – naturalnie – perwersji uczuciowości Rousseau, Niemcy obdarzyły nas czasami Burzy i Naporu (Sturm und Drang) Romantyzmu. Tylko język niemiecki i niemiecka mentalność tak potrafi nazwać okres rodzenia się sztuki poświęconej miłości, romansowi, legendzie i tragedii, LOL. Napór i sztorm brzmi bardziej jak rozkaz niż, jak wyznanie. Jakże biedny Werter nie mógł nie cierpieć, jeśli takimi rozkazami wyznawał swą miłość dla Lotty?!

Tak się właśnie czułem ostatnie kilka dni na brzegach Północnego Atlantyku w czasie niekończących się wichur i śnieżnych nawałnic. Ni źbła choćby słoneczka na moment. Zero.

Więc gdy dzień pięknym, różowym wschodem dziś się ukazał, a karminem zachodził z wieczora – z kamerą poleciałem go gonić po Moich Kamieniach. Naturalnie, że przesadzam. Nie goniłem a potykałem się w zaspach powyżej kolan, wspomagając się swoim kosturkiem. A ten śnieg bieluśki, ta woda i stalowa, i srebrna, i różowa do zdjęć, jakby pozowały.

Winter in Mount Pleasant Park in Halifax

Bogumil Pacak-Gamalski

A day after the big winter storm that brought Nova Scotia the biggest snowfall in twenty years, I went with my camera to the edge of Halifax – Mount Pleasant Park. A lovely wooded enclave, in a way reminiscent of Stanley Park in Vancouver, but slightly smaller in size.

Old Halifax has very narrow streets that look today like a tunnel dug out of high snow embankments. Finding a parking spot is next to impossible and people are forced at places to walk on the street, as the sidewalks are just covered with mountains of snow. Planned to visit also the lovely Public Gardens downtown – but all gates were closed. Why? Because no one showed the walkways? It is a park for Heaen’s sake! Not a highway. If people want to walk knee-high in snow – why can’t they? Homeless people live in tents right in parks and on the streets and you worry about ‘the elegance’ of Patrician’s Park?! Sometimes (most of the time, LOL) I can’t understand the politicians …

In Mount Pleasant Park the main trails were plowed. Most of the people that I met there were walking their dogs. It looked like the wonderful furry friends were in paradise! Jumping into the woods and snow that sometimes cover them totally, wagging their tails, running back and forth – a pure joy. I had the pleasure to play with some of them. What a bunch of happy creatures, if you let them be happy. No aggression, just joy that someone wants to play with them.

Did you say winter? In Nova Scotia?!

B. Pacak-Gamalski

Yesterday was a lovely day. Snow abounds, beautiful, soft, and dry. Everything looked like Christmas. I dug out my carriage, drove to a few stores, and decided that the next day I would take my camera and go for some nice wintery shots on the coast or perhaps in Halifax. My carriage is a very strong vehicle and not afraid of winters.

It continued to snow the entire day, then the full night, and again the rest of the day. But the temperature went up a bit, the wind became very strong and the snow changed to very nasty tiny little granules like sand. Still drove to do short shopping but the camera would not be very good in such conditions. It would get wet in a second, walking would not be nice either. Visibility was very bad, too.

Shouldn’t complain too much, though. The Eastern and North shores were hit really badly. I think they had to proclaim a state of Emergency in Cape Breton, many roads were closed and the Government was advising everybody not to travel. But I still wanted to take some pictures, just with my I-phone and around my my home, parking lot (LOL), and of course, My Rocks.

Had to dig out my truck again, just in case I would need it, and simply didn’t want to have it covered by the white craziness totally. So here it is – the mundane, silly photo chronicle from the parking lot and the vicinities. By the way – it still snows now and should not stop tomorrow, either. If you won’t hear from me in the next few days it means that my igloo lost internet connection. So yes, to no one surprise in Nova Scotia – it does snow in Nova Scotia. As it rains in BC.

Of course – you need to have proper Sunday Church elegant shoes. As you noticed on one of my pictures I do have proper church shoes. One for Nova Scotia and one for British Columbia.

Henry Kramer concert in Halifax

Bogumil Pacak-Gamalski

Few words of personal explanation. Of my wonderful life with my beautiful husband, lover and partner, John. Life that tragically ended with John passing a year ago. Yet life worth every moment, every second. Music, music – it has been such an important part of our life. Through music – in all forms, shapes, and styles – we understood each other deeper, fully. Like the name given by German composer Felix Mendelssohn (1809-1847) to his ‘Songs without words’. Love truly does not need words. As in any true process of creation, words – if used – are only a mere ornament, part of the mechanical structure. True creation begins and ends in a sphere of senses: sound, smell, touch, feeling. Everything else is just a noise.

Therefore, when I walked that wintery evening from Henry Street to Coburg Street and to St. Andrew Church for my normal rendezvous avec la musique – he walked there with me.

What a wonderful rendezvous it was! It was an immense pleasure to listen to the music played by the most gifted pianist, Henry Kramer. Kramer is an American musician recently being offered a teaching position in the Faculty of Music at Université de Montréal, and because of the proximity, he was able to come to Halifax and give us a taste of talent. What a treat, indeed.

One award (among many others) I have to mention is the American National Chopin Piano Competition in Miami, where he claimed the 6th spot in 2010 (the First Place automatically awards the winner a spot in the top piano competitions of the world – the Warsaw International Chopin Competition). But there was a connection to that famous Warsaw Competition: among his jurors was the former 3rd place winner of the said International Warsaw Competition, Piotr Paleczny. I was lucky enough to hear Paleczny playing many years ago during that Competition in Warsaw and to know him personally. He was, as a young fellow at that time, a very sweet guy. And truly fantastic piano player.

Henry Kramer missed that Warsaw Competition ticket – but he did not miss the 2016 prestigious and top-ranking Queen Elisabeth Competition in Brussels. And he got the Second Prize – that is a ticket to just about all concert halls in the piano world.

I was not in Miami to hear him personally there, but remember his concert in Seattle. Remember him well enough to make a note of his playing: don’t forget his name because you will hear of him.

Back to Halifax. Have a chance years later to do that. To be at his concert. How can I describe the overall feeling, reaction? I will use a term I don’t remember using before in any of my musical reviews:

Henry Kramer is a pianist of a very elegant way of playing. That it is. Elegant way of playing. You could say: bravado, astonishing, lively, emotional, technically brilliant. But after listening to him intently, paying attention to how he treats not only the music but the entire piece that makes a player, his arms and body and keyboard, pedals, and the entire massive instrument a one-piece, one symbolic union – that is the term that came to me: grace and elegance.

And what a good term, when you play music submerged in a very specific time of European chamber music of early romantics. Time of Shuberts, Mendelssonhs, and to a lesser degree even Liszts (Liszt belongs more to the next epoch – Romanticism). A time when musicians produce an extraordinary amount of compositions (almost in manufacture-like tempo) to appear in a multitude of salons of political, and Church dignitaries, aristocrats and extra-rich townsfolks. Time of Early Romantics. These were not huge concerthalls, or musical theatres (there were some in big cities – but that was a rarity, not a rule). The salon for chamber music was small, and the guests were not as plentiful. If you play the same music more than a few times – the opinion arises that you are done, finished. You emptied yourself and can’t compose anything anymore. So they did compose. A lot. Franz Schubert composed 20 sonatas (not all of them in a finished form) and a number of larger pieces: 12 (13?) symphonies; circa 10 Masses; over …. 1000 (that is one thousand, no mistake) songs with at least one instrument and many more occasional pieces in different form. No, he was not eighty years old, when died. He was … thirty-one. Show me a contemporary composer, who composed half of that volume, I dare you.

Was he a great composer? No, by any means. But he was an important composer and very talented. Had he lived decades longer, had he achieved financial independence and powerful support from powerful patrons – chances are he would have had time and space to compose a few timeless and extraordinaire pieces of music. It was also a time when music was composed in a very strict and form-fitting format. Just as poetry in classic times. The next generation started slowly to dismantle that construct. And then came Gustav Mahler, followed by Schoenberg with his Second Viennese School and music was never the same again, LOL.

The old Saint Andrew Church in Halifax was a perfect setting for Schubert’s music and for the elegant style of Henry Kramer. The main nave offers wonderful acoustic and being of Anglican (in Canadian, United Church form) type is not too ornate and void of the weight and ballast of Catholic big churches.

From the moment Kramer appeared on the stage with a short introduction to the music – he won the audience with his pleasant way of greeting and talking. There was no ‘pomp and circumstance’ – just a warm and subdued tone.

From the first keystrokes, he was very attentive to musical detail, to the phrasing. Schubert’s Piano Sonata in A Major seemed to be written for him. The Allegro Moderato at the beginning was lovely. It’s a relatively robust tempo but the two melodies and two distinctive themes lead to a lovely passage. And his brilliant way of slowing ‘things down’ in Andante is just that: have time to ponder, exclaim, and reflect. At a certain moment, a listener not familiar with this work might think – that it is, finite. Perhaps little annoyed that it happened so soon, LOL. Kramer used the intervals splendidly, they were very pronounced as the composer intended.

But forget the intervals, forget the delicacies, the sublime. Here comes the Allegro. Better check your seatbelts! This is a pianist (a good pianist) paradise: time to awe and conquer the audience. And he did. The bravura almost and brilliant style shine here with dances, and passages. The keyboard is used in its entire length and the pianist must grow two or three more fingers, LOL. But it is truly a pleasure to listen to it. Even if you are not an enthusiast of early Romantics (just like me) – I still can come and listen to the entire sonata again – just to enjoy the finale! Bravissimo for the artist!

After Schubert music, Kramer opens to us the world of two siblings, contemporaries of Schubert: Fanny Mendelssohn – Hensel (1805-1847) and Felix Mendelssohn Bartholdy (1809 – 1847). Both siblings were very close to each other.

Felix was well well-known and very much accomplished composer in Berlin’s circle. His sister never (partly because of her father’s opposing views) accomplished such a fame during her lifetime but her compositions show a good measure of talent and ability. She was also very respected as a musician by her devoted brother, who often asked for her opinion and advice in his own works. As it happens from all their works the most famous ones often played even now are their songs. Or rather ‘songs without words’ (Lieder ohne Worte), as was the name Felix gave to his most famous composition. There is a story that at one-time friend of Felix offered him to write words for his ‘songs’. The composer is said to respond: “What the music I love expresses to me, is not thought too indefinite to put into words, but on the contrary, too definite.” What a lovely and indeed precise response!

The pianist played Fanny’s 4 Lieder for Piano, Op. 8 (no.2 Andante con espressione and No.3 Larghetto), and Felix’s Songs Without Words Op. 19 in E Major and Op. 67 in F-sharp minor. It was a pure musical pleasure. His elegant way of playing was at its best. The depth of emotions coming from the sound he was producing was truly touching. I remembered years ago when I listened to the incomparable Jan Lisiecki playing the extremely difficult and technically challenging piece of Ravel’s Gaspard de la nuit and I thought: how this very sweet and happy young man (I have known Jan Lisiecki since he was fifteen years old very sweet boy when I did my first interview with him) can evoke the atmosphere of pure horror and terror so plainly, so vividly? Talked after his play with him about my question. And his answer was as plain as it could be: it is not enough just to play – you have to feel it inside you, you have to take that symbolic journey to that place, that moment and then transfer it to the tips of your fingers. Just playing every note, in exact tempo is not always enough. And I understood that instance what he meant. Of course. It is so plain. The feeling, the emotion. Listen to famous, dramatic singers of opera! The words are almost comical often. If you just sing them – you could almost laugh, like a satire, not a tragedy. It is the emotion, the timbre of the note you play, and the spirit of the sound you produce that signifies emotions. This is exactly what Kramer achieved when he played the Songs Without Words. And I repeat: with that musical elegance.

But even the best of us must give up sometimes the comforts of elegance. When you deal with Franz Liszt’s Piano Sonata in B minor, S. 178 you really have no choice. When the Paganini of grand piano composes music that should rival Paganini’s Caprices – elegance and etiquette go away. I often compare him to Tina Turner and her singing career. Was it elegant? Heaven’s forbid, no! Was it great? Of course, it was a wonderful madness! Would Henry Kramer, that elegant musician be able to play such music, to forgo his comfort zone?

Oh, yes. He did it to my delight. That was not a summery evening stroll through the meadow. It was a full gallop! Not even of one horse – it was a herd of wild horses. What a choice for the finale and what a stamina to do it after already playing so many pieces.

Liszt’s sonata is one of his late compositions when he composed mostly for pleasure and not to gain popularity or earn money. It is in a way also a break with the established way musical forms were composed. Sonata, as a sonnet in poetry, has very strict rules. Three, sometimes four pieces. You state your musical subject in the first part, elaborate more freely on it in the middle, and finish with a recapitulation of the first statement. But Liszt decided to do away with two distinct pieces and used just one. Try writing sonnets in the form of elegies. In a way, he liberated composers from the strict and tight corset of existing musical architecture. Today everyone understands it. We have gone through modernity and postmodernity. But at that time … it received scorn from all the greatest composers. Clara Schuman (Liszt dedicated it to Robert Schuman) said it was ‘merely a blind noise’; Johannes Brahms apparently fell asleep while Liszt performed it; similar scorn was shown by Anton Rubinstein. The only exception was Richard Wagner. Yet, by the early XX century that ‘blind noise’ was recognized as the pinnacle of Liszt compositions. Times are changing.

I can’t tell how many times I heard that amazing, powerful compositions being played by many wonderful pianists. In a way, my favorite was the recording of it by Kristian Zimerman, one of the outstanding pianists of my generation in the entire world.

But the way Kramer played it was more than satisfied. I listened with full abandonment and total ecstasy of my sensory powers. No surprise that after that accomplishment the audience would not let him leave the stage. The standing ovation had no end. And fully earned. To no surprise, he had no choice but to thank the audience with two extra encores.

We finished with a nice chat and my congratulations for very well-presented program and excellent play. But I started the conversation by thanking him for transferring me that evening from Saint Andrew Church in Halifax to Carnegie Hall or to Vienna Philharmonics.

Ruling of the International Court of Justice in a case of South Africa against Israel

editor’s note: temporary verdict-instructions of the International Court of Justice in Hague have been issued. It is important to remember that it is not a verdict on the main charge brought against Israel by South Africa. It is a set of temporary orders of actions and precautions that Israel must undertake until a final verdict is issued. These actions are meant to safeguard the civilian population of Gaza against many risks and dangers to their life, safety, and health.

The Court also notes why it has the right to hear and judge in this case, finding beyond reasonable doubt that it does and it is within its scope of jurisdiction.

The entire text of the Court proceedings and findings has been copied directly from the website of the International Court of Justice¹

It is a very long document. But since many political and social activists, politicians and observers offer their opinions on it – it would be advisable to read it for oneself, and to understand what it really says and orders Israel to do and why. I have omitted the very long pages of the entire document and copied only the last parts containing the full judgment for temporary measures.

Text below:

45. The Palestinians appear to constitute a distinct “national, ethnical, racial or religious group”, and hence a protected group within the meaning of Article II of the Genocide Convention. The Court observes that, according to United Nations sources, the Palestinian population of the Gaza Strip comprises over 2 million people. Palestinians in the Gaza Strip form a substantial part of the protected group. 46. The Court notes that the military operation being conducted by Israel following the attack of 7 October 2023 has resulted in a large number of deaths and injuries, as well as the massive destruction of homes, the forcible displacement of the vast majority of the population, and extensive damage to civilian infrastructure. While figures relating to the Gaza Strip cannot be independently verified, recent information indicates that 25,700 Palestinians have been killed, over 63,000 injuries have been reported, over 360,000 housing units have been destroyed or partially damaged and approximately 1.7 million persons have been internally displaced (see United Nations Office for the Coordination of Humanitarian Affairs (OCHA), Hostilities in the Gaza Strip and Israel reported impact, Day 109 (24 Jan. 2024)).

47. The Court takes note, in this regard, of the statement made by the United Nations UnderSecretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Mr Martin Griffiths, on 5 January 2024: “Gaza has become a place of death and despair. . . . Families are sleeping in the open as temperatures plummet. Areas where civilians were told to relocate for their safety have come under bombardment. Medical facilities are under relentless attack. The few hospitals that are partially functional are overwhelmed with trauma cases, critically short of all supplies, and inundated by desperate people seeking safety. A public health disaster is unfolding. Infectious diseases are spreading in overcrowded shelters as sewers spill over. Some 180 Palestinian women are giving birth daily amidst this chaos. People are facing the highest levels of food insecurity ever recorded. Famine is around the corner. For children in particular, the past 12 weeks have been traumatic: No food. No water. No school. Nothing but the terrifying sounds of war, day in and day out. Gaza has simply become uninhabitable. Its people are witnessing daily threats to their very existence — while the world watches on.” (OCHA, “UN relief chief: The war in Gaza must end”, Statement by Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, 5 Jan. 2024.)

48. Following a mission to North Gaza, the World Health Organization (WHO) reported that, as of 21 December 2023: “An unprecedented 93% of the population in Gaza is facing crisis levels of hunger, with insufficient food and high levels of malnutrition. At least 1 in 4 households are facing ‘catastrophic conditions’: experiencing an extreme lack of food and starvation and having resorted to selling off their possessions and other extreme measures to afford a simple meal. Starvation, destitution and death are evident.” (WHO, “Lethal combination of hunger and disease to lead to more deaths in Gaza”, 21 Dec. 2023; see also World Food Programme, “Gaza on the brink as one in four people face extreme hunger”, 20 Dec. 2023.)

49. The Court further notes the statement issued by the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), Mr Philippe Lazzarini, on 13 January 2024: “It’s been 100 days since the devastating war started, killing and displacing people in Gaza, following the horrific attacks that Hamas and other groups carried out against people in Israel. It’s been 100 days of ordeal and anxiety for hostages and their families. In the past 100 days, sustained bombardment across the Gaza Strip caused the mass displacement of a population that is in a state of flux constantly uprooted and forced to leave overnight, only to move to places which are just as unsafe. This has been the largest displacement of the Palestinian people since 1948. This war affected more than 2 million people the entire population of Gaza. Many will carry lifelong scars, both physical and psychological. The vast majority, including children, are deeply traumatized. Overcrowded and unsanitary UNRWA shelters have now become ‘home’ to more than 1.4 million people. They lack everything, from food to hygiene to privacy. People live in inhumane conditions, where diseases are spreading, including among children. They live through the unlivable, with the clock ticking fast towards famine. The plight of children in Gaza is especially heartbreaking. An entire generation of children is traumatized and will take years to heal. Thousands have been killed, maimed, and orphaned. Hundreds of thousands are deprived of education. Their future is in jeopardy, with far-reaching and long-lasting consequences.” (UNRWA, “The Gaza Strip: 100 days of death, destruction and displacement”, Statement by Philippe Lazzarini, Commissioner-General of UNRWA, 13 Jan. 2024.)

50. The UNRWA Commissioner-General also stated that the crisis in Gaza is “compounded by dehumanizing language” (UNRWA, “The Gaza Strip: 100 days of death, destruction and displacement”, Statement by Philippe Lazzarini, Commissioner-General of UNRWA, 13 Jan. 2024).

51. In this regard, the Court has taken note of a number of statements made by senior Israeli officials. It calls attention, in particular, to the following examples. 52. On 9 October 2023, Mr Yoav Gallant, Defence Minister of Israel, announced that he had ordered a “complete siege” of Gaza City and that there would be “no electricity, no food, no fuel” and that “everything [was] closed”. On the following day, Minister Gallant stated, speaking to Israeli troops on the Gaza border: “I have released all restraints . . . You saw what we are fighting against. We are fighting human animals. This is the ISIS of Gaza. This is what we are fighting against . . . Gaza won’t return to what it was before. There will be no Hamas. We will eliminate everything. If it doesn’t take one day, it will take a week, it will take weeks or even months, we will reach all places.” On 12 October 2023, Mr Isaac Herzog, President of Israel, stated, referring to Gaza: “We are working, operating militarily according to rules of international law. Unequivocally. It is an entire nation out there that is responsible. It is not true this rhetoric about civilians not aware, not involved. It is absolutely not true. They could have risen up. They could have fought against that evil regime which took over Gaza in a coup d’état. But we are at war. We are at war. We are at war. We are defending our homes. We are protecting our homes. That’s the truth. And when a nation protects its home, it fights. And we will fight until we’ll break their backbone.” On 13 October 2023, Mr Israel Katz, then Minister of Energy and Infrastructure of Israel, stated on X (formerly Twitter): “We will fight the terrorist organization Hamas and destroy it. All the civilian population in Gaza is ordered to leave immediately. We will win. They will not receive a drop of water or a single battery until they leave the world.”

53. The Court also takes note of a press release of 16 November 2023, issued by 37 Special Rapporteurs, Independent Experts and members of Working Groups part of the Special Procedures of the United Nations Human Rights Council, in which they voiced alarm over “discernibly genocidal and dehumanising rhetoric coming from senior Israeli government officials”. In addition, on 27 October 2023, the United Nations Committee on the Elimination of Racial Discrimination observed that it was “highly concerned about the sharp increase in racist hate speech and dehumanization directed at Palestinians since 7 October”.

54. In the Court’s view, the facts and circumstances mentioned above are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. This is the case with respect to the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article III, and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the Convention.

78. The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy in whole or in part a group as such (see paragraph 44 above). The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.

79. The Court is also of the view that Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.

80. The Court further considers that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.

81. Israel must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Genocide Convention against members of the Palestinian group in the Gaza Strip.

82. Regarding the provisional measure requested by South Africa that Israel must submit a report to the Court on all measures taken to give effect to its Order, the Court recalls that it has the power, reflected in Article 78 of the Rules of Court, to request the parties to provide information on any matter connected with the implementation of any provisional measures it has indicated. In view of the specific provisional measures it has decided to indicate, the Court considers that Israel must submit a report to the Court on all measures taken to give effect to this Order within one month, as from the date of this Order. The report so provided shall then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon.

83. The Court recalls that its Orders on provisional measures under Article 41 of the Statute have binding effect and thus create international legal obligations for any party to whom the provisional measures are addressed (Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Provisional Measures, Order of 16 March 2022, I.C.J. Reports 2022 (I), p. 230, para. 84).

86.

1) For these reasons, THE COURT, Indicates the following provisional measures: (1) By fifteen votes to two,

The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(2) By fifteen votes to two, The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(3) By sixteen votes to one, The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke; AGAINST: Judge Sebutinde;

(4) By sixteen votes to one, The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke; AGAINST: Judge Sebutinde; –

(5) By fifteen votes to two, The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak;

(6) By fifteen votes to two, The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order. IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke; AGAINST: Judge Sebutinde; Judge ad hoc Barak.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twenty-sixth day of January, two thousand and twenty-four, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Republic of South Africa and the Government of the State of Israel, respectively. (Signed) Joan E. DONOGHUE, President.

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf ↩︎

Skiing in Nova Scotia

Bogumil Pacak-Gamalski

Have not skied since I left Vancouver. But my last season was probably a year before that. In a dramatic way. Drama and I seem to go in pairs, LOL. My skis and boots were – to say it politely – a bit out of style and advanced in age. Last time I wanted them to be professionally sharpened they said there is not much more steel to sharpen. So I did it myself. The boots needed replacement, too. But didn’t change them. My last skiing was on Mount Seymour overlooking the entire Greater Vancouver. Just the views were spectacular: the entire Indian Arm fiord, Burrard Inlet, Burnaby, Fraser River, Surrey, Vancouver, and the Salish Sea. Breathtaking. That day was foggy, though. Some lifts were closed due to poor visibility. I suppose, because of that the parking lot was almost empty. But the lift going to the peak with the wonderful Black Diamond (advanced) trail downhill was open. I was the only one ‘in the line’ to the lift! I knew the vistas by heart anyway, so I was happy. Went down once and ran quickly for another ride after they warned me that they would shut it down soon due to the poor visibility. Right from the top of the lift, I took a slightly different route, more steep but under the lifts – that way I could just follow the lift and not get lost in the vast terrain covered with fog. Smart. But the trail was narrow and bumpy. After hitting one of the moguls … I went down and one of my skis went the other way, not far though. Once I retrieved it, strangely the boot would not fit into the bindings. What the …, I thought, and pushed it stronger… that is when the boot actually disintegrated, and fell apart in two separate pieces, LOL. A ski boot is not something you can tie or put together, no Jose, LOL. When I finally got back to the lift base with just one boot, the other foot in socks only – the operators couldn’t believe my story. They told me that were starting to worry and were just going to send a patrol to look for me, LOL. That was my last skiing … seven years ago.

I never bothered to buy new equipment in Nova Scotia – it is a gorgeous province for hiking and swimming. But skiing – really? There are two ski hills/resorts. And they are – hills. Not mountains. Went to one once during the summer, near Windsor. And decided not to spend a lot of money on new equipment to use on these … ‘elevated terrain’ resorts. I am not any sort of expert skier, high achiever and show off. But c’mon – for the past almost 50 years I have skied in the high Polish Tatra Mountains (on Kasprowy Wierch resort, 2000 m elevation), and later in the high Rocky Mountains (Banff, Sunshine Valley, Lake Louise, 2600 m elevation) almost all other smaller resorts in BC, and of course Olympic Whistler Resort. Out of all of them (that would include wonderful and definitely overpriced Whistler) the Lake Louise Ski Resort and Sunshine Village in Banff National Park are without any doubt the best. It is just ski paradise there.

Yet, yesterday I felt so down with the neither winter nor fall weather in Halifax recently. Look at the map for the other resort in Nova Scotia – Wentworth. I know this northern part of our province because of my regular drives to Pictou. These hills there are actually mountains, not high mountains by any stretch of the imagination but mountains nonetheless. Checked the prices of tickets for afternoon/evening skiing and voila – I could buy a senior pass! Sixty-five bucks – with full equipment rental. The same pleasure would cost me over three hundred dollars in Whistler! That is insanity.

I bought my tickets online and off I went today. And what a wonderful drive past Truro. Just before the New Brunswick border, take Highway#o4. Very scenic this time of the year, with snow-covered forests and hills to the north. Probably beautiful during late summer and autumn. Traffic was less than light and I could enjoy the scenery. To my surprise, the ski area was not bad at all. No comparison between BC and Alberta – but it was actually a ski area not bad at all. I really enjoyed it. Had to be careful because the snow really was not coming there, either. Yes, a bit – but not nearly enough for skiing. Therefore all trails use mechanical snow-making which is very different and produces a fine texture and depth coverage. Watch out for plentiful icy spots. But you definitely can ski. Also, it was the first time I used the new type of short skies (no one uses the old long ones anymore, LOL). Mind you, in my time the measure of skis was simple: stand straight, raise your arm straight u,p and make sure the ski tips reach your palm. When the attendant asked me if I wanted shorter or longer skis, I naturally said: longer. And she gave me a pair, I looked at them and said: but longer in adult sizes, not a child. She looked at me and replied: they are the longer adult ski. I almost laugh. It is actually easier to make turns in the short ski but still felt funny. Old habits die slow I guess, and welcome to the XXI century, LOL. The Black Diamond trails were closed due to the lack of snow, but the advanced ones were very nice, and fast if you wanted. Couldn’t bring myself to use the Easy ones. I had to have some pride, for Heaven’s sake! Skiing in these child-length skis was bad enough for this old dinosaur.

It was a good day. I will probably do it again, maybe when some good natural snow will finally come in good quantity. It truly makes a difference for skiing. If someone asks me again if you can ski in Nova Scotia, I can finally say: yes. I wouldn’t drive for this experience from Boston or Montreal, but if you happen to visit here in wintertime – yes, you definitely can.