UN Court’s Gaza Ruling: A Challenge for Israel’s Allies
UN Court's Gaza Ruling A Challenge for Israel's Allies
The international community turned its attention to The Hague when the International Court of Justice, under the UN, issued an order to Israel, urging them to halt genocidal acts in Gaza. However, the court did not explicitly call for a cease-fire, which has put Israel’s allies in a challenging position.
As the International Court of Justice (ICJ) prepared to announce their first ruling in a significant genocide trial involving Israel, a group of approximately 100 pro-Palestinian protesters gathered outside the Palace of Peace to witness the proceedings on a large screen. One banner among them boldly proclaimed, “No Genocide. No ethnic cleansing. Nowhere,” adorned with the Palestinian flag.
A short distance away from the grand red-brick courthouse in The Hague, Netherlands, another group of demonstrators, of similar size, waved Israeli and Dutch flags while holding pictures of hostages taken by Hamas militants from southern Israel on October 7.
This terrorist attack resulted in a devastating Israeli military operation in Gaza, with the objective of eradicating Hamas, the armed Islamist organization that governs the densely populated Palestinian enclave and is recognized as a terrorist group by the EU, the US, and other governments. The aim of this offensive was to safeguard the population of the Jewish state. In the nearly four months since the attack, Israeli airstrikes have reportedly caused the deaths of over 26,000 individuals, according to the Hamas-run Health Ministry in Gaza.
It was inevitable that either one or both factions present on this clear and sunny Friday would experience disappointment. Ultimately, a subtle judgment resulted in both parties finding cause for dissatisfaction, although the majority of the outcome leaned unfavorably towards Israel, as anticipated by many.
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The court orders Israel to ease humanitarian blockade
Israel has been instructed by the court to alleviate the humanitarian blockade it has imposed, in order to prevent any potential genocide or irreparable harm to the Palestinian people in Gaza. However, the court did not order a complete cessation of Israel’s military campaign.
The President of the Court, Joan E. Donoghue, emphasized that the judges were not making a ruling on whether Israel had violated the Genocide Convention or not, as that determination could take a significant amount of time. The case was brought to the International Court of Justice by South Africa on behalf of the Palestinians in Gaza, and the court was considering emergency injunctions.
Despite reporting over 26,000 Palestinian casualties and displacing nearly 2 million within their country, the court deemed the situation highly serious, issuing emergency injunctions until it reaches a final verdict, expected in the distant future.
This ruling will undoubtedly exert pressure on Israel and its allies, including the United States, who vehemently contended that the case held no validity whatsoever.
Israel Receives Series of Court Orders Regarding Conduct in Gaza
Donoghue stated that the military operation conducted by Israel since 7 October, 2023, has had severe consequences, including a significant loss of life and injuries, as well as the destruction of essential infrastructure such as homes, schools, and medical facilities. This has resulted in a massive displacement of people.
The majority of judges have issued injunctions instructing Israel to take all necessary actions to prevent the killing of Palestinians, considered a protected group under the Genocide Convention. Additionally, Israel must ensure that they do not cause serious physical or mental harm to this group. The government is also obligated to prevent and punish any incitement of genocide.
Furthermore, it is crucial for officials to promptly implement effective measures that will enable the provision of urgently needed basic services and humanitarian assistance. The World Health Organization has recently warned that an alarming 93% of Gazans are currently facing crisis levels of hunger, highlighting the urgent need for action.
Donoghue read aloud multiple statements from prominent Israeli officials, including President Isaac Herzog and Defense Minister Yoav Gallant. UN officials had identified these statements as containing “dehumanizing language.” Additionally, the court instructed Israel to provide a report within a month, detailing its compliance with ICJ measures.
Donoghue emphasized that international humanitarian law obligates all parties in the Gaza Strip conflict, including Hamas, despite its non-state actor status.
Donoghue, on behalf of the ICJ, demands the immediate release of all remaining hostages taken by Hamas on October 7. Israel contends that, out of the initial 253 individuals abducted, over 100 are still alive and held in Gaza.
Israel Denounces Genocide Accusation as ‘False and Outrageous
They strongly reject the accusation of genocide made against it by the ICJ, deeming it to be false and outrageous. The Foreign Ministry expressed its outrage in a statement, emphasizing that Israel remains committed to international law regardless of the ICJ proceedings.
Israel’s Foreign Minister, Israel Katz, asserted that the country has an inherent right to defend itself against the genocidal terrorists of Hamas. Israeli lawyers had previously requested the UN court to dismiss South Africa’s case, considering it to be without merit and grossly distorted.
They emphasized the importance of the Genocide Convention, established in response to the Holocaust and the Nazi regime’s systematic mass murder of millions of European Jews during World War II.
On the flip side, Ammar Hijazi, a representative of the Palestinian Authority in the occupied West Bank, praised the ICJ’s ruling as a historic decision. It signifies the first instance where the highest court in the world holds Israel accountable for its actions against the Palestinian people.
Israeli allies find it challenging to overlook the ICJ ruling
The ruling by the International Court of Justice (ICJ) is difficult to overlook for Israel’s allies, according to Richard Gowan, an analyst at the International Crisis Group. Gowan stated that many states and legal experts will argue that Israel needs to make significant changes to its tactics or put an end to hostilities altogether. While Israel may have anticipated such a ruling, Gowan believes it would be an exaggeration to consider the absence of a cease-fire order as a victory.
Gowan further explained that the ICJ ruling has put Israel’s allies in a challenging position. Officials in Washington and London are likely advising Israel to scale back its campaign due to the ongoing international outrage. Unlike a national court, the ICJ has limited means to enforce its rulings. Therefore, the responsibility now falls on the United Nations (UN), as Gowan clarified. Many diplomats in New York anticipate that Algeria, as the Arab member of the Security Council, may propose a resolution next week demanding that Israel comply with the ICJ measures.
