Will the panel of 17 judges, one from Israel and the other from South Africa, 15 plus 2, wash their hands? raise your arm It was put forward by lawyer Malcolm Shaw on behalf of IsraelAccordingly, last FridayThe International Court of Justice (ICJ) has no jurisdictionWhy didn’t the claimant country give him the opportunity to explain his differences before unilaterally demanding genocide in Gaza?
Genocide ConventionIn case of a conflict or difference regarding the implementation of the Agreement of which both countries are a part, Parties must formalize their opposition before requesting interventionAt the request of the court. Israel denounced that South Africa had informed it of its position but had not given it the opportunity to discuss the matter in a meeting; This did not assume the existence of any conflict of interpretation.
However, according to the rules, two models To start a procedure. One of these is what Israel points out. Well two countries submit a bilateral document to the Court. The agreement, which does not yet contain the words plaintiff and defendant, states the precise purpose of the dispute and the identity of the parties.
But that’s not the only thing. The other is a presentation unilateral request of the plaintiff state from the defendant. In this type of request, the claimant must provide a description of the parameters that concern the ICJ (for example, the Genocide Convention, whose jurisdiction is mandatory) and a description of the facts on which his request is based. . This is the path South Africa chose after informing Israel in a verbal note on 29 December 2023 that it wanted to discuss the dispute, but ultimately this did not happen.
Stop the attack on Gaza
This procedure, which will require years of judicial process, has just started with the hearings held last Thursday and Friday. South Africa asks Court to impose urgent interim measuresFor example, an order given to Israel. Stop the military offensive in Gaza Because Death of 23,000 Palestinians “within reason” from 7 October 2023 Characteristics of “Destruction” or the systematic elimination of a group of people because of race, ethnicity, religion, politics, or nationality.”
The court will decide quickly because it is an urgent request (the equivalent of an urgent injunction in the Spanish legal system), and also, The terms of office of four judges expire on February 6 He will be replaced by North American judge Joan Donoghue, whose name includes the president.
The interventions of Israeli representatives last Friday 12 were based on their understanding of the type of war their country was encouraging in Gaza, regardless of the critical situation with ethnic cleansing occurring daily in the West Bank after October 7.
This understanding consists of: Pointing out that Hamas poses an existential threat to Israel He stated that for the Middle East, the Gaza administration in the hands of Hamas’s political leaders and military organization should be ended as soon as possible.
Israeli lawyers They emphasized that Israeli Armed Forces (IDF) wary of civilian population They try to minimize “collateral damage” by systematically warning civilians, through radio and leaflets, that they must leave homes and settlements that will become military targets. With everything, these notificationsRequired by the Geneva Convention laws, They do not replace taking necessary measures to protect the populationfor example, by the choice of ammunition and weapon type used. And yes, as Israel has admitted, the IDF dropped two 2,000-pound (907.2 kilograms) bombs supplied by the United States in its early November attacks on the Jabalia refugee camp in northern Gaza.
Observe “proportionality”
Therefore the Israeli army Does not consider “proportionality” rules mandatory. Although he justified everything with the Hamas attack on October 7, he did not take these into account in his repeated attacks on Gaza in the years before September 10.
South Africa insists Israel despite war crimes not discussed in Hague Failure to comply with Geneva protocols on proportionality. Protocol 1, which has been converted into customary international law, prohibits attacks that “might cause loss of life, injury to civilians, damage to civilian objectives, or a combination of these that would be excessive compared to the expected direct military advantage.” Therefore, Israel subordinates “proportionality” to the destruction of Hamas as quickly as possible.
In defending military action, lawyers stated exactly this: Hamas is so “entrenched” in the Palestinian people that it is impossible not to attack hospitals and schools, mosques and food distribution centres. “This is the kind of enemy we are fighting,” they explained.
This is obvious. The military leader who ordered two 2,000-pound bombs to be dropped on the Jabalia refugee camp, four kilometers from Gaza City, knows what he is doing. Lawyers assured the court on Friday that they were working hand in hand with the army’s legal advisors to ensure their instructions were carried out.
The lawyers stated in their defense that everything happened. Netanyahu’s statementsministers and soldiers regarding the need destroy the Palestinians With the contribution of South Africa They were not official and they are contrary to Israeli strategy. The only valid thing is the government’s attitude. But isn’t the military action speaking for itself?
One of the most telling statements presented on page 64 of the application was this: Ezra YaçinA 95-year-old reservist who was given a uniform by the IDF to sign up for combat and give a speech to the soldiers. Yachin is a legend. Because it joined before the establishment of the state of Israel in 1948, as a member of a terrorist organizationinside destruction famous Palestinian town Dar Yasin. News of the massacre, in which Palestinians were hanged from trees and women were raped, horrified many Palestinians who fled their land. He was the pioneer of what is called in Arabic. first Nakba (disaster). First, because Palestinians are now talking about the second Nakba.
In his speech, Yachin gave advice to his young comrades in arms: “Be victorious and finish them off, do not leave anyone behind. Erase his memory. Delete their families, their mothers, their children. These animals cannot continue to live. “If you have an Arab neighbor, don’t wait, go to his house and shoot him.”
Therefore, the court has a difficult task in the next fifteen days. Pressure, Assuming the experts consulted at the Hague, it will be huge.
background of myanmar
Attorney William SchabasProfessor of law at Middlesex University in the United Kingdom, defended Myanmar (formerly Burma) West’s genocide accusationsagainst ethnic group Rhoginia Myanmar at the request of Gambia. In 2020, the ICJ issued an order similar to the one currently requested by South Africa: “Section II of the Genocide Convention.” all actions within the scope of the article, especially killing party members; b) cause serious physical or mental harm to the group; c) the conditions of life in the group cause conditions calculated to lead to the physical or partial destruction of the group, and d) the application of measures aimed at preventing births within the group.”
In an interview with the Israeli newspaper Haaretz, Shabas said:TIJ to agree on interim measures in Gaza caseamong them For Israel to stop its actions. Myanmar responded to the Court by saying it had not committed genocide. If the court makes this decision now, Israel will say this is not genocide”.
But Israel is not Myanmar. The Biden Administration is paying for the missiles and ammunition currently used in Gaza outside of Congress.
However “It would be very humiliating for Israel” if the order is given and the war continuessays Shabas. It will also be more difficult for the US and the coalition supporting Israel to maintain their unconditional support.