Taking Israel to ICJ

Disregarding repeated calls for ceasefire, Israel sustained its brutal attacks on Gaza till time Hamas is liquidated

It was South Africa’s determination to prove Israel guilty of genocide in Gaza that it approached the International Court of Justice (ICJ) in The Hague. While rejecting the allegations of genocide, Tel Aviv failed to convince not only the ICJ but also the international community that since October 7, 2023, Israeli forces have killed more than 25,000 Palestinians, including women and children, in Gaza and Occupied West Bank. On December 29, 2023, South Africa filed a complaint against Israel, accusing it of violating the Convention on the Prevention and Punishment of the Crime of Genocide.

What is genocide and how the Benjamin Netanyahu regime, under the pretext of Hamas’s October 7 attack, used colossal force to avenge the killing of 1,200 people and abduction of 250. Israel conducted relentless air and ground attacks on the beleaguered Palestinian population of Gaza by razing hundreds of buildings to ground and rendering millions homeless. Disregarding repeated calls for ceasefire, Israel sustained its brutal attacks on Gaza till the time Hamas is liquidated.

Realising that Israel will not bend and continue with ethnic cleansing of Palestinians, South Africa approached the ICJ and submitted the case of genocide in Gaza. Several years ago, ICJ also heard the case of genocide by Serbian forces in Bosnia-Herzegovina and awarded punishment to those responsible for their heinous crimes against humanity.

According to Key Concepts In International Relations by Martin Griffiths and Terry O’ Callaghan, genocide means, “an endeavor to eradicate a people because of their nationality, race, ethnicity, or religion. The term derives from the Greek word genos, which means race or tribe, and the Latin word cide, which means to kill.” Acts of genocide have taken place in different parts of the world with a similar motive to punish a particular race by attacking its honour and massacring its people. The last case of genocide prior to the Israeli killings in Gaza was by the military of Myanmar against Muslim Rohingyas. Genocide is a well-crafted policy by a particular state to punish a community by systematic killings and rapes.

According to The Wire Sapan news service, dated January 17, “what Israel now fears above all is that the court will take ‘provisional measures’, possibly as early as January, requiring Israel to stop the military operation in the Gaza Strip. This is to protect the rights of the parties while the case is before the court, in the terminology of the court’s statute”.

Israel’s shameful justification of its military assault on Gaza going on since October 7 got sanctioned by its President, Isaac Herzog, who said at a press conference the other day that “there are no innocent civilians living in Gaza: The entire nation is responsible.” Furthermore, Prime Minister Netanyahu “menacingly referred to the Jewish revenge against the Amalek tribe, about which the Bible says: “Spare no one, kill both men and women, children and infants, camels and donkeys.” According to The Wire, “Israel’s response at the Hague on January 12 was that its army had not translated such statements into a genocidal approach. The trauma of the October 7 massacre by Hamas, Israeli counselors said, has caused some individuals to make extreme or even ‘obscene’ statements. However, these do not reflect the policies of Netanyahu’s war cabinet. That policy, they said, is aimed at preventing civilian deaths as much as possible. The Israelis used a significant part of their time — with photos and videos — to outline the atrocities committed by Hamas on October 7: Murder, rape, mutilation and kidnapping, including of children. Israel has, they said, the right to defend itself against it.”

“Hamas itself has a genocidal agenda — the destruction of the Jewish people,” said Tal Becker, the head of Israel’s legal team.”

South Africa brought the case calling for the court to order an immediate halt to the country’s military operations in the Gaza Strip, which were launched after Hamas’s attacks on October. 7

Israel’s efforts to challenge South African case implicating the Jewish state of genocide against Palestinians of Gaza lacks true facts. Arguing that Israel has a right to defend itself is in consonance with its policy to liquidate Hamas and ensure the safety of the Jewish state from future attacks from Gaza cannot justify killing of 25,000 Palestinians. Under no legal or moral ground, Israel can get away with massacring innocent people. Furthermore, pending before ICJ is a case about legal consequences of the occupation of West Bank and Gaza. In 2004, ICJ gave a non-binding ruling on the construction of the Israeli wall in the West Bank.

A segment of western media reflecting bias for Israel tried to distort South African case at ICJ and along with Israel argued that the case of genocide against the Jewish state cannot be submitted because of the attack by Hamas against unarmed citizens on October 7. Yet, the entire spectrum of Israel committing genocide against Palestinians can be analysed from two angles.

First, since its inception as a Jewish state in 1948, Israel is following a consistent policy to uproot native Palestinians — razing their homes, massacring them and now pursuing a well-planned policy to evict them from Gaza and West Bank by force. No Arab or Muslim country had the courage to retaliate when Israel embarked on a policy of genocide against the Palestinians of Gaza and occupied West Bank. South Africa is neither an Arab nor a Muslim country but had the courage to file a case against Israel in ICJ. During the apartheid days, Israel was a staunch supporter of racist regime of South Africa. But, with the dismantling of apartheid three decades ago and electoral triumph of African National Congress (ANC) with its leader Nelson Mandela in 1994 elections, PLO and ANC established close links. It is the legacy of Mandela to raise voice against injustices and oppression which prompted South Africa to expose Israel’s serious human rights violations in Gaza, featuring the massacre of more than 25,000 Palestinians.

Second, Israel is a signatory of 1948 genocide convention but is confident that it can get away with its crimes against humanity because even if the ICJ gives a verdict against the Jewish state it will not have a binding effect unless the UN Security Council, under Article 94 of the UN Charter, orders compliance with ICJ ruling which will not be the case because of the expected US veto. Yet, the South African legal team has presented a well-crafted case against Israel and also against the US and the UK over their backing to the Jewish state for carrying out genocide of innocent Palestinians. It means only South Africa possesses the will and capability to drag Israel before the ICJ.

Published in The Express Tribune, January 23^rd, 2024.

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