Israel
is guilty of carrying out a
genocidal war in Gaza! This is the judgment of
millions of people around the world.
اضافة اعلان
Israel’s
guilt has already been established in the court of international public
opinion. But even so, the carnage in Gaza continues despite unprecedented
widespread backlash. But for the first
time in history, Israel will appear in the world’s highest court, the
International Court of Justice (ICJ), this Thursday to defend itself against an
application submitted by South Africa accusing it of
committing genocide in Gaza and asking for an interim measure, a provisional ruling by the court, to
cease-and-desist until the 15-panel of judges makes a final adjudication.
This
is a historic event. Israel has boycotted UN bodies looking into its occupation
of the
West Bank and Gaza Strip for decades. As a member of the UN and a signatory
to its charter, it had no option but to appear in court or face the legal
consequences. The fact that South Africa, whose application is now supported by
a growing list of countries, chose the ICJ is interesting. Israel is not a
signatory to the International Criminal Court (ICC) Rome Statute and can make
strong arguments to skirt a ruling. The ICC is yet to rule on a
Palestinian Authority (PA) application asking for an opinion regarding Israel’s occupation
of Palestinian territories. Meanwhile, all UN members are party to the ICJ
statute, whose rulings are binding.
The
two-day ICJ session will be open to the public. Millions around the world will
certainly follow it. Some lawyers and experts will represent South Africa, a
country with first-hand experience of war crimes and apartheid. Hundreds of
experts from other countries, such as Chile, Bolivia, Malaysia, and Jordan will
support it. On the other hand,
Israel has chosen a British expert in
international law, Malcolm Shaw, to represent it. He is considered one of the
world's leading experts on international law and teaches a course at the Hebrew
University of Jerusalem as a guest lecturer every year.
Israel
has nominated a former High Court judge to sit in the 15-member panel, which is
within its right.
While
the ICC can indict individuals in cases of war crimes, genocide, ethnic
cleansing, and crimes against humanity, the ICJ looks into conflicts between
states. Israel may waste some time arguing that the court has no business
looking into Israel’s
military operations in Gaza. But that is unlikely to
change things. To prove that Israel is complying with international law in Gaza
will be mission impossible. The ruling of this court will test its credibility.
The two-day session will further expose Israeli atrocities in Gaza, but Israel will be putting pressure on judges to ignore the evidence. If that happens, it would greatly affect the court and its credibility.
While
the ICJ has looked into numerous cases since it was established in 1945, one
case of genocide stands out, which is the case against former Yugoslavia,
Serbia, and Montenegro, brought by
Bosnia and Herzegovina back in 1996. It took
the court 11 years to make a final ruling, which resulted in convictions.
What
is important to note here is that the South Africa case deals with an ongoing
case of genocide. The urgency and the pressure seek to issue an ICJ order to
halt all Israeli military activities while the court is listening to arguments
by both sides and until it issues a final ruling, which could take years.
The
fact that the ICJ’s ruling is binding to UN members also counts. While Israel
may choose to ignore an injunction, its allies, chief among them the United
States, will be seen as complicit if they, too, miss the order to cease the
aggression.
Undoubtedly,
the ICJ will be dealing with a highly explosive case. Israel will present what
happened on October 7 as a justification for its “self-defense”
operation in Gaza. But the South Africa team will rely on testimonies by neutral UN, human
rights, and other NGOs who will present irrefutable evidence that
Israel’s military is carrying what can only be defined as genocide in Gaza, where the
death toll, after more than three months of aggression, stands at more than
24,000 killed, including 10,000 children, more than 100 journalists, more than
30 hospitals destroyed and more than 60,000 injured. At least 7000 are missing,
believed dead. More than 70 percent of Gaza has been leveled to the ground.
The
South Africa team will also present evidence tying Israeli officials to calls
for genocide, ethnic cleansing, and war crimes. Thousands of video clips will
be presented showing the deliberate razing of entire residential
neighborhoods in Gaza by Israel.
Israel’s guilt has already been established in the court of international public opinion. But even so, the carnage in Gaza continues despite unprecedented widespread backlash. But for the first time in history, Israel will appear in the world’s highest court, the International Court of Justice (ICJ), this Thursday to defend itself against an application submitted by South Africa accusing it of committing genocide in Gaza and asking for an interim measure, a provisional ruling by the court, to cease-and-desist until the 15-panel of judges makes a final adjudication.
An
injunction halting the war is essential. It will allow independent observers,
as well as the international media, to see on the ground what Israel has done
in the past three months. The testimonies of tens of thousands of surviving
victims will make for a horrifying record of what had taken place—and continues
to happen—in the
beleaguered Gaza Strip. An injunction will also allow for the
entry of humanitarian aid, doctors, medics, ambulances, food, water, and
medicine that could save tens of thousands of lives.
The
two-day session will further expose Israeli atrocities in Gaza, but Israel will
be putting pressure on judges to ignore the evidence. If that happens, it would
greatly affect the court and its credibility.
On
the other hand, if and when the ICJ makes a final ruling, the onus will be on
the ICC to move. So far, the ICC’s chief prosecutor,
Karim Khan, has said
little about the ongoing carnage in Gaza. He showed stark bias in favor of
Israel when he accepted an invitation to visit Israeli families who were held
captive.
There
is no doubt that Israel has a massive influence over Western politicians as
well as UN member states and officials. It uses anti-Semitism as a tool to
sandbag, intimidate, and blemish those who dare stand against it. The ICJ will
play out as a case where Israel, for the first time, stands as a defendant
before the world’s most important court. The outcome of this case could set a
precedent, opening the way for multiple cases in the future, both individually
and collectively, for
Israel’s victims.
More importantly, a ruling in favor of South Africa will force the ICC
to step in and look into what Israeli soldiers, officers, and politicians have
done or even said to instigate what the rest of the world already defines as
genocide.
Osama Al Sharif is a journalist and political commentator based in Amman.
Disclaimer:
Views expressed by writers in this section are their own and do not necessarily reflect Jordan News' point of view.
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