Israel’s destruction and massacre Loop They have appointments with them justice. It is celebrated this Thursday and Friday Hague the first hearings The genocide complaint submitted by South Africa against Israel before that International Court of Justice (ICJ)The main judicial body of the United Nations. A process that began three months after the Jewish State launched a military offensive on the Strip in response to Israel’s aggression. Hamas in their own territory. At this first stage, it will not be decided whether Israel will make a commitment. genocide in Gazabut the luck of a series precautionary measures and the urgent measures requested by South Africa to protect Palestinians in the region.
Most importantly, he wants the court to give instructions to Israel stop their attacks “immediately” on the Strip to avoid danger of genocide. A possible outcome that cannot be imposed by coercive measures but could have serious consequences. jewish statewho denies all accusations.
South African Genocide Indictment
The complaint alleges that Israel violated its own rules. Obligations under the 1948 Genocide ConventionIt was created to prevent a repeat of the Nazi atrocities against the Jewish people. they 84 pages Israel’s actions in Gaza genocidal nature because “they are looking for The great destruction of Palestinians as a national, racial and ethnic group.” Mass murder of Palestiniansespecially children; decimation robbing houses; HE forced displacement almost the entire population; HE withholding food, water, or medicine which causes, among other things, the following scenario: famine; or the imposition of “preventive measures” “The Birth of the Palestinians” through “sustained attack” against Gaza healthcare system.
A set of factors that “create their living conditions.” physical destruction as a human being“. Proving the crime is important for proving the crime. wilfulness and in this sense, the case Statements encouraging genocide poured in from Israeli political leadership, including its president and prime ministera well-documented fact.
Israel’s reaction
The Jewish State denies the charge of genocide and continues to present its attack as an act of aggression. self defense In the face of Hamas’ crimes on October 7. The State Department described the complaint as follows: “blood libel” and “vile abuse” of the court, which amounts to accusing South Africa of a crime. antisemitism. However, Israel took the case seriously and chose to appear in The Hague; This is a first for a state that has tended to ignore the case. UN resolutions himself and the accusations war crimes.
In its defense, Israel is expected to claim that it tried to do this. minimizing damage to the civilian population and blamed Hamas for the destruction, criticizing its militias and citizens “human shields“In any case, Tel Aviv doesn’t have it all, because that’s what the foreign ministry has requested from its ambassadors. Putting pressure on the political leaders of the countries they serve To publicly reject “scandalous, absurd and unfounded allegations against Israel”, according to the diplomatic cable published by the American portal Axios.
Judges and lawyers of the parties
The court consists of the following names: 15 judges He is elected by the UN Assembly and Security Council for a nine-year term. Its origin covers all continents. India And Somalia with France, Australia anyone Brazil. All should to act impartially Although both Russian and Chinese judges voted against it when the ICJ ordered Russia to halt its aggression in Ukraine, it did not respond to their States’ positions. The president of the court is an American. Joan Donoghueand number two, Russian Kirill Gevorgian.
The parties to the dispute may appoint a judge to join the panel of magistrates. Israel elects star judge, former Supreme Court president and Holocaust survivor. Aharon BarakWhen choosing South Africa Dikgang MosenekeIt was the second highest judicial office in the country.
As for the teams of lawyers, Israeli defense will be led by British lawyer Malcolm Shaw during John DugardA respected South African professor of International Law, knowledgeable about the conflict, will lead the prosecution.
Precautions and deadlines
Considering the seriousness of the situation in Gaza, precautionary measures At the moment they seem more important than the final decision itself. To get there, the court must first decide whether it has reached a decision on this issue. powers (jurisdiction) deal with the case and then if there is a Risk of irreparable damage to the strip or a Emergency. If both criteria are met, he will order a cessation of hostilities in Gaza, a legal obligation for Israel.
Precedents in other similar cases before the TIJ offer clues as to how long a decision might take. as demand Ukraine against Russia In 2022, court orders Moscow to end its occupation two weeks later from first opinions. between Gambia vs. Myanmartook a little more a month to failOrdered Asian country to take measures to prevent genocide Rohingya Muslims.
It would take much longer to know whether Israel committed genocide in Gaza. Peers and experts alike suggest it will take years for this to happen The final decision.
What happens if Israel ignores an injunction to stop its attack?
TIJ has no jurisdiction. impose your decision With coercive measures. Other states, such as Russia, ignored precautionary measures. However This does not mean that there will be no problems for Israel.. According to experts, South Africa can transform Security Council, Where the US will predictably veto any attempt to force implementation of the order (Washington has already said the request is “unfounded” and “counterproductive”).
But if he fails there, he can go there. General Assemblyamong other things May remove Israel from UN organizational chartas he did with Apartheid South Africa. Not only that, if the Jewish State ignores the international court’s decision, it could open the way for appeals to other countries. sanctions and others punitive measures Against Israel, which may remain ahead of us as part of the world pariah state.