ICJ Decision: Bold and Built on its Substance By Ali Abu Habla

ICJ Decision: Bold and Built on its Substance
By Ali Abu Habla Esq.

Translated from Arabic by Ibrahim Ebeid.
January 29, 2024

The International Court of Justice (ICJ) has issued its preliminary summary decision in South Africa v. Israel on Israel’s violation of the 1951 Convention on the Prevention of the Genocide of Mankind, in which Israel and South Africa are involved.
In a preliminary reading of the decision issued by the International Court that it accepted the South African case in form and substance, Israel’s defenses were received to dismiss the lawsuit and not to enter into the merits of the case and found that South Africa has the right to hold Israel accountable for its failure to comply with the Genocide Convention. Therefore, the Court has the authority to take measures against any existing harm and danger and can proceed with the case according to the legal procedures followed, hear the evidence and pleadings, and issue a final judgment.
According to the content and operative part of the urgent resolution, Israel will be tried in this case, which is a precedent in the history of the establishment of the Zionist entity. Israel has been tried for its crimes since 1948, and Israel has become accused and held accountable before international law.
The international community and international institutions are at stake. They will be held accountable for the policy of double standards in which America and the West, which supports Israel, deal with Israel. Israel is no longer immune from international legal accountability, which is not above the law as it and its allies claimed, which requires the international community to move quickly and stop genocide according to the text and content of the resolution, as the court recognized that the Palestinians are a “group” protected by the Genocide Convention, and was based on official conversations by Israeli officials proving the “Israeli intention.” to exterminate the Palestinians in Gaza.
This recognition that the Palestinians are a “group” with its own structure, identity, and existence has a concept and a great indication of the rights that the group must enjoy from protection and others and the group’s subordination to international resolutions, including the Third and Fourth Geneva Conventions and the Hague Regulations, in addition to the Court’s confirmation of “the existence of Israeli intention” proven by Israeli official statements by the Israeli President and Israeli ministers and officials, the Court has reached the point of conviction that there is an intention on the part of Israeli officials to commit the crime of genocide, and under Article 2 of the Convention on the Prevention of the Crime of Genocide, on which the Court based its decision and consideration of the case under it,
Based on Israel’s actions in Gaza and quotes quoted by UN officials and international agencies, Israel “deliberately” committed most of these acts and had the “prior intent” to carry out these acts “to destroy the community in whole or in part.”
This decision, and the merits, facts, and pre-intention contained therein mentioned by the Court and included in the operative part of its decision, are considered historical and precedent in the history of the Palestinian-Israeli conflict and will be a milestone and a legal foundation, as it will constitute a criterion that the International Criminal Court, which is considering the question of Palestine in terms of criminal responsibility, cannot bypass. It will be difficult for the ICC (if it continues with the case against Israel) to disavow the evidence provided by the International Court of Justice.
The Prosecutor of the International Criminal Court, “Karim Khan,” who had previously visited Israel and made statements to the least that she equated the victim with the executioner, ignoring Israel’s violations of international law and its violation of all international conventions and that what its forces and settlers are doing in its war on Gaza, the West Bank and Jerusalem amounts to suspicion of committing war crimes. Before the ICC’s decision, there was an absolute failure by the ICC prosecutor to open an investigation into several cases accusing Israel of war crimes.
Although the Court did not explicitly call for an immediate ceasefire in Gaza, it demanded that Israel ensure that its army does not commit war crimes, take measures to prevent the incitement of hatred and genocide, provide essential services to Palestinians, stop the destruction of their homes, and ensure the provision of aid and humanitarian needs to them. Prevent the destruction of certificates of genocide and report their compliance with these measures within one month.
The court issued its decision and did not have an executive tool to implement its procedures and decision on the temporary precautionary measures requested by South Africa. The court will after today consider the claim that Israel committed war crimes against Palestinians and violated the Genocide Convention, which will take years to consider.
The Security Council is now required to translate the decisions and preventive measures included in the decision of the Supreme Court of Justice into reality and to exert international efforts to cease fire, bring in humanitarian aid, lift the siege on Gaza, prevent deportation and the return of residents to their homes because the implementation of the resolution is an international responsibility and is issued by the highest international institution?? Pending the outcome of Wednesday’s Security Council meeting, which is being held at the request of Algeria “to give binding force to the ruling of the International Court of Justice about the measures opposed on the Israeli occupation,”