This Thursday and Friday the Peace Palace in The Hague will host a demonstration Historical legal war with high geopolitical content. The International Court of Justice (ICJ) is holding the hearing of the case filed by South Africa against Israel for violating the International Genocide Convention. The African country is demanding an urgent order to suspend Israel’s military operation in the Gaza Strip. The ICJ’s decision is binding on all member states, including Israel, the United States and Spain.
Francis Boyle (Chicago, 1950) is an American civil rights lawyer and professor at the University of Illinois. he argued Bosnia – Yugoslavia In a similar case against Yugoslavia in 1993. “I was the first lawyer to win at the World Court (ICJ) based on the Genocide Convention,” he explains to this newspaper via video conference from Chicago. He then explains that he received overwhelming orders to stop acts of genocide. He was also the lawyer of the mothers of those killed in Srebrenica.
Do you think South Africa has a chance of winning the case?
Based on my information, I believe South Africa will win and receive an order against Israel to cease and desist from any act of genocide against the Palestinians.
What will this order force member states to do?
For example, Spain is part of this. Under Article 1, the 153 participating countries have an obligation to “prevent” Israel’s genocide against Palestinians. To give an example: On April 8, 1973, when the court decided against Yugoslavia, I left the large courtroom and went to the lobby of the Peace Palace. All the media was there. I showed the court decision and explained that the Court decided that genocide had occurred and called for a halt to this decision. Since all states have an obligation to prevent genocide, I wanted the United States and NATO to take military action against Yugoslavia. That same afternoon, the US Government in Washington and NATO in Brussels declared a no-fly zone over Bosnia to prevent genocide. Of course this is just an example. Neither the USA, nor NATO, nor any other country will go to war against Israel. But there may be other serious consequences.
What are the deadlines?
I presented my case on April 1 and 2, and received my decision on April 8. I filed the second lawsuit on August 28 and 29, and the decision was made on September 13. So this could be a week or two in Israel.
Can countries ignore the decision?
This is binding. But like Yugoslavia, Israel will definitely ignore this.
Israel seems to be taking this seriously and is arming itself legally. He sent the country’s former Supreme Court chief Aharon Barak as a judge temporary He will join the 15 judges of the Court (in which they have the right to be accused) and hire Malcolm Shaw, a respected British lawyer, for the claim…
Even the opening of the case is a heavy blow to Israel’s genocide. The origins of the Genocide Convention lie precisely in the Nazi genocide of the Jews.
There is speculation that Israel will show video of the October 7 massacre as part of its defense, I was able to see it in Madrid but they did not show it publicly. [este miércoles han publicado una web con las imágenes]. Will they be able to do this? Can it be seen?
I think the court will allow Israel to show the footage and the hearing is open to the media. However, at worst, what Hamas is doing is not genocide, but a war crime. And this will not distract from the charge of genocide against Israel.
What can Spain do if a favorable decision is made?
I do not want to give advice to the Spanish government. But since Israel won’t listen, my advice to Spain or any other country would be to comply with their own demands to get another round of safeguards to stop Israel.
About the Court of 15 judges. Are they reliable? Are they truly independent?
The president of the court is American Joan Donoghue, a career official with the United States State Department. He is there to defend the State Department’s position and will use the power of the presidency to shape Israel’s situation, I have no doubt about that. South Africa appoints its own judge temporary, who will serve as full judge. It’s up to him to stop Donoghue from completely sabotaging the entire process.
Despite this, he believes there are possibilities.
Yes.
What will happen after the decision?
It will go to the UN Security Council, as defined in the United Nations Charter. The USA will veto any application here, as in the case of Nicaragua. But this will not be the end of the matter. Then you can go to the UN General Assembly. Other consequences for Israel could be very serious. First, the General Assembly can suspend Israel’s participation in its activities, just as it did with the murderous apartheid regime in South Africa. Second, the General Assembly could recognize Palestine as a full state, which would prevent Israel from completely destroying Palestine, since a UN state has never been destroyed. Third, the General Assembly could establish a special tribunal to try Israel […] Additionally, in accordance with the Unity for Peace Resolution (377), the General Assembly can also recommend member states to impose heavy economic sanctions on Israel. I’m not saying they will apply, just that it might happen.