This Friday, January 26, president International Court of the Hague (ICJ)American judge Joan DonougheIt will take place at 13.00 before the hearing, which will be attended by both parties –South Africa And Israel– Solemn reading of the order voted to respond to the urgent interim measures requested by the South African delegation when requesting the crime of genocide against Israel for its actions Loop After October 7, 2023. The 15 judges (plus two, one for South Africa and one for Israel) had already deliberated and voted since two hearings on January 11 and 12.
The measures requested by South Africa include: Immediately halt Israeli Armed Forces (IDF) military operations in GazaStop killing Palestinians, prevent forced displacement, lift the blockade on access to food, water, gasoline, housing and healthcare.
Court It does not have to define this preliminary stage of the conflict between South Africa and South Africa. Israel if genocide is being committed In accordance with the provisions of the 1948 United Nations Genocide Convention, which both countries have signed, however, it limits itself to examining whether the acts described in the South African case, defended in the Hague on January 11, relate to conduct aimed at the destruction of all or part of the Palestinian people. people and there is a certain risk that genocide is continuing.
In cases of possible violations of the Convention against Genocide (for example, Gambia v. Myanmar), the Court ordered interim measures against Myanmar; However, this country did not comply because it thought these were not acts of genocide.
The day after the hearings in The Hague on January 11 and 12, the Israeli Prime Minister said, Benjamin NetanyahuHe surprised everyone when he told Israeli television on January 13: “Nobody can stop us, not the Hague, not the Axis of Evil [Irán]Although the Court’s decisions are binding under its statute, experience shows that these decisions can be ignored by the countries that are supposed to implement them.
The situation of the occupied lands is frequently mentioned. West Bank especially, Palestine When the court issued a recommendation in 2004 to halt construction of the planned wall by the Israeli General Government Ariel Sharon. The court examined the case and declared the built wall and the part under construction illegal. And he ordered it to be dismantled.
The July 2004 resolution states that “Israel has an obligation to put an end to its violations of international law by paralyzing the construction of the wall in the occupied Palestinian territory, including the section around East Jerusalem.” “Return land, other property and real estate to all Palestinians who suffered any material damage due to the construction of the wall.”
Failure to follow recommendations
The then Minister of Justice, Yosef LapidHe said that Israel would not follow the recommendations because the ICJ “consists of European judges who are not sympathetic to Israel.” However, Are the court’s decisions binding or not? The 2004 opinion referring to the wall was a so-called “advisory opinion” of the Court and was not binding. On the other hand, the decision to be announced by the Court on Friday, January 26 is binding in principle. Another issue is that if an order is given to stop the military operation in Gaza, as Netanyahu announced on January 13, Israel will not comply with this order.
The point is Israel is effectively rewriting international war conventions, assuming it is not an occupying power (protected by the UN) and that he has this right self defense (What the laws of Geneva forbid the occupying forces). Additionally, regarding the protection of Palestinian civilians, women and children, Israel supports the organization’s HamasIsrael, which rules Gaza, is so “entrenched” in the population (schools, mosques, food courts) that all the IDF can do is warn with a megaphone or throw leaflets for residents to evacuate the area to be attacked. . But the truth is that they are also attacked in the new places they go.
destruction of cities
The use of 2000-pound (more than 900 kilograms) bombs, such as in Khan Younis, since the attacks began on October 7, 2023, destroying entire cities and infrastructure. When South Africa presented its genocide claim The death toll rose to 23 thousand PalestiniansMore than half are children. The death toll rose to 24,000 on January 11 and 12, when hearings were held in The Hague. According to the latest figures announced this Thursday, there are more than 25,900 dead and more than 64,110 injured.
All attempts to achieve a ceasefire in the UN Security Council were in vain. The United States is supplying weapons to Israel for operations in Gaza, as Democratic Congressman Bernie Sanders condemned It continues to use its veto power to end killings and genocidal attacks. Therefore, what the Court can explain is not decisive in terms of preventing genocide, but in any case, preventing its consumption.
Ignoring Israel’s final order to halt its actions will also mean greater difficulties for those like the Biden Administration, who continue to support Netanyahu’s government, which Israelis – relatives of the hostages and released hostages – question in the streets.