Will Israel obey the ICJ order in the genocide case in Gaza?

 27 Jan 2024 ( Perwez Anwer, MD & CEO, IBTN GROUP )
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Will Israel obey the ICJ order in the genocide case in Gaza?

Saturday, January 27, 2024

The International Court of Justice has ordered Israel to take some immediate steps on the case filed by South Africa against Israel on the charge of genocide.

The International Court of Justice has asked Israel to immediately stop any harm being caused to Palestinians in Gaza.

This order cannot be considered a complete victory for South Africa or the Palestinians, because the International Court of Justice has not ordered Israel to establish a ceasefire or stop military operations.

The International Court of Justice acknowledged that the situation in Gaza was 'catastrophic' and could 'deteriorate further'.

The process of giving a final verdict on the charges of genocide on which this case is going on may take several years.

For this reason, the International Court of Justice has asked Israel to take certain steps. Most of these steps are in line with the nine demands put forward by South Africa.

The 17-judge bench of the International Court of Justice ruled by majority vote that Israel must make every effort to protect Palestinians from death and serious physical or mental harm.

The International Court of Justice also cited statements by the Israeli President and the Israeli Defense Minister as saying that Israel should do more to "stop publicly inciting" genocide and punish "those who commit it." .

At the same time, Israel has also been asked to take prompt and effective steps to stop the humanitarian tragedy in Gaza.

Even though the International Court of Justice did not call for a ceasefire, the demands it has made to Israel, if implemented, would bring major changes in the nature of Israel's military operation in Gaza.

Israel rejects accusations of genocide, saying that the Palestinian extremist group Hamas is responsible for the harm being caused to ordinary Palestinians.

Israel says that Hamas operates from under (tunnels) in Gaza's densely populated towns and refugee camps, making it almost impossible for Israel to prevent civilian deaths.

Israel also says that a lot has been done to protect and warn people from danger. Almost all Jewish citizens of Israel believe that the Israeli army is the most moral army in the world. Which is not correct. It would be wrong to call the Israeli army the most moral army in the world.

Since October 7, 2023, 85 percent of Gaza's population of 2.3 million has been displaced due to Israel's attack.

People fleeing the war are having to take shelter in camps already filled beyond capacity. On top of this, there is also a serious shortage of health facilities and essential items.

Will Israel obey the order of the International Court of Justice?

The biggest question is whether Israel will obey the order of the International Court of Justice? Israeli Prime Minister Benjamin Netanyahu says that 'military action will continue until the destruction of Hamas'.

As Judge Joan Donohue, the US president of the International Court of Justice and leading the bench of 17 judges, began to speak, it became clear that the International Court of Justice's focus was on the suffering of the people of Gaza and Israel's efforts to end the case. Has failed in trying to do.

Judge John Donohue summarized what Palestinians living in Gaza are experiencing. Judge John Donohue described the suffering of the children there and said it was 'heartbreaking'.

However, this is not the final decision of the International Court of Justice regarding the charge of genocide. It may take several years for a decision to be taken in this regard.

But the steps that the International Court of Justice has asked to be taken are such that the Palestinians of Gaza can get some security.

Now Israel has to decide what to do on this? The decisions of the International Court of Justice are binding, but there is no system by which they can be implemented.

In such a situation, it is possible that Israel may completely ignore the decision of the International Court of Justice.

Efforts are already underway at the diplomatic level for a two-month ceasefire and the work to provide aid to Gaza may also accelerate in the coming times.

In such a situation, Israel can say that it is already taking steps based on the demands of the International Court of Justice.

Even if the situation improves, which currently seems unlikely, the charge of genocide against Israel will remain, because the International Court of Justice has found this case to be important enough to be heard.

Israel is a country that was born out of one of the worst examples of genocide.

Until the International Court of Justice gives its final verdict in the case filed by South Africa, Israel will have to live under the shadow of the accusation of genocide.

 

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