Joan Donoghue, the president of the UN court, said in this regard, "The court is aware of the current tragedy in Gaza and condemns the continuous killings there. Israel must take the necessary measures to prevent the killing of a group of people or serious harm to them. Israel must take all necessary measures to prevent mass killings and genocide in Gaza and immediately take measures to prevent destruction in Gaza and submit a report to the court about all temporary measures within one month. Some of Israel's actions raised in South Africa's lawsuit are considered to be violations of the United Nations Convention on the Prohibition of Genocide, and we are taking urgent measures regarding Israel's case of genocide in Gaza. Israel must ensure the immediate provision of necessary assistance to the people of Gaza. All parties involved in Gaza should adhere to international laws and release the hostages immediately and unconditionally."
About this important and valuable action by the ICJ, the following points are noteworthy:
1. The ICJ heard South Africa's complaint in about a month and announced its verdict, which indicates the necessity and urgency of dealing with Israel's crimes. Back in November 2019, The Gambia, on behalf of the Organization of Islamic Cooperation, filed a case against Myanmar at the ICJ, but the court has not yet held hearings on that case. At the same time, South Africa presented its 84-page case against Israel on December 29, 2023, with the theme "characteristics of genocide" in Gaza. The hearing was urgently held on January 11 and 12. It is worth noting that more than one hundred days into the Gaza war, four pillars of the United Nations, namely the Secretariat, the General Assembly (with the issuance of two resolutions), the Security Council ( by holding seven meetings and issuing two resolutions and several vetoes) and the ICJ have dealt with the issue.
2. There are two judicial institutions located in The Hague: The International Court of Justice (ICJ), which is one of the pillars of the United Nations and is the main judicial pillar of the world body; and the International Criminal Court (ICC), which is tasked with dealing with crimes of genocide, crimes against humanity, war crimes and crimes based on aggression. Now the ICJ, in its interim ruling, has declared the genocide in Gaza and the need to take extraordinary measures. Therefore, the hearing session at the ICC will begin soon, and its preliminary verdict will have an impact on the decision of the ICC. The entry of two international high courts into the issue of the crimes of the Zionist regime is a testimony to the deterioration of the situation in Gaza and the need for international institutions to react. As the ICC confirms the issue of genocide and war crimes by Israel, it can punish Zionist authorities and isolate Israeli companies, which may lead to sanctions against them and boycotting them by the international community. In addition to South Africa, the ICC chief prosecutor has announced that Bangladesh, Bolivia, Comoros, and Djibouti have also referred a case of war crimes in Gaza to this court. The Ministry of Foreign Affairs of Mexico has also announced in a statement that the ICC is considered a suitable place to establish potential criminal responsibility and will soon provide documents on the genocide in Gaza.
3. Although the implementation of the judgments of the ICJ by all parties is mandatory, there is no mechanism to guarantee their implementation. Therefore, it is necessary for the international community, including international organizations and especially Arab countries, to come out of the passive mode and prevent the continuation of the genocide in the Gaza Strip. Cutting off Israel's economic lifelines and sanctioning this regime, especially tightening the naval blockade, can warn Israel and its supporters, including the United States and England, of the continuation of war crimes and force them to accept a ceasefire. Most of the trade exchanges of the Zionist regime are with East Asian countries, including China, Japan, Taiwan, and South Korea. Due to the brave actions of the Yemeni army and blocking the Bab al-Mandeb, those countries should pass through the Cape of Good Hope, a rocky headland on the Atlantic coast of South Africa. Closing this cape until the blockade of Gaza is lifted, and food and medicines, as well as other basic necessities, enter the Palestinian territory can be a guarantee of the implementation of the ICJ ruling.
In general, the ruling of the ICJ has created a rare legal opportunity for the governments of the world to work to end Israel's crimes in Gaza.
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