Gaza war continues, says ICJ, but Israel to fight within rule of international law
… Egypt has locus standi in suing Israel at The Hague
It was an expedited action by 17 revered judges of the International Court of Justice, the highest court of the United Nations in bringing to a head certain aspects of the charges South Africa filed against Israel.
In about two weeks, the world heard from the eminent jurists what they had distilled from the volumes of the books, extracts from their experiences, and the spin off arising from legal precedence in international law. Largely, people heard from one source, but everyone according to how it has been put in perspective, went to town with a note of qualified victory.
In the main, while the court did not delve into the genocide issue as many would have expected, the respected chair of the court, Judge Joan Donoghue submitted that South Africa has the locus standi to come to the hallowed chamber with a list of charges against the nation of Israel as a signatory to the Genocide convention.
Donoghue also did not ask Israel to cease fire and stop defending itself from the assault of the military wing of the Palestinians, the Hamas. It is like approving that Israel can pursue the objective of neutralizing the militants and keeping the nation in relative safety.
Victory from different lenses
It is measured victory for anyone depending on which side of the rift one is standing; to those who side with South Africa and Palestine, it was their day in court. On the other hand, supporters of the people of Israel, a nation tied to God’s covenant in the Holy Scriptures, a no ceasefire position meant that the court knew that attempts by Hamas to launch attacks would likely continue, and therefore there was no cessation of hostilities ordered.
Reactions have poured in from different parts of the world over the judgment by the court. So far no party, organization or nation with expressed interest in the case wants to be identified as a losing side. Even the judges at the court have not been clear cut in who is the victor or vanquished.
Of Israel, Judge Donoghue particularly noted that there was terrible loss of lives when Hamas invaded Israel with the consequence that 1,200 Israelis were sent to their early grave in cold blood. She added that the 7 October, 2023 attack also left thousands injured and 240 taken hostage with many still in captivity. Then in response, she said, Israel launched a military offensive which has caused heavy civilian casualties in Gaza; there have been severe damages with large population displaced.
She observed that the court is ‘deeply concerned’ by the human suffering amid loss of life.
The reactions:
South Africa – Foreign minister, Naledi Pandor, in miffed note of disappointment told reporters outside the court that she had expected the court to put the word ‘cessation’ of hostilities in the judgment. She added that court order does not work without ceasefire.
On whether Israel would follow court directives, she was not optimistic about it unless it was persuaded by its powerful friends. However, the minister said she was satisfied the directions the court gave. The South African government, in keeping with the tone of its foreign ministry counsel, issued a release accepting the judgment in which it described it as a ‘landmark ruling’.
Palestine – Riyad Al-Maliki, foreign minister from the Palestinian Authority that rules part of the West Bank, accepts the measures put in place by the ICJ. He said the court ruled in favor of humanity and international law.
Still speaking from the other side of the Palestinian divide in the West Bank, a top political figure of Fatah Party, Sabri Saidam agrees with the court ruling, adding that Israel is being awaited on how it responds. He desires the end of the military spat, increase aid to Palestinians and the reconstruction of Gaza.
Israel
Foreign Minister - Israel’s right to defend itself is without compromise irrespective of the ICJ’s proceedings, Foreign Minister Israel Katz affirmed while noting that the nation is committed to international law.
Katz, in reacting to the court judgment, applauded the nation’s legal team for having done well for the Jewish people during the proceedings.
Defence Minister - Yoav Gallant, Israeli Defence Minister, says the nation has no need of being given a lesson in morality with respect to acts regarded as genocidal. He affirms that Israel knows the difference between terrorists and civilians among the people of Gaza.
Gallant said Israeli Defence Forces and security agencies will keep at it in Gaza to completely dismantle the Hamas terrorist organization and ensure the return of hostages to Israel.
PM Benjamin Netanyahu –
For PM Netanyahu, it is complete victory over the Hamas for Israel or nothing, and the troops are committed to achieve that. This was how the Prime Minister reacted after the court verdict noting that following international law has its rightful place.
He promised, "We will not stop defending our citizens and ourselves until we have achieved complete victory and all hostages freed."
On the whole, the court has done an interim ruling having put forward the consideration and ruling on the claims by South Africa that Israel is liable to answer the charges of genocide against the Palestinians.
Over the years, Israel has disagreed with its adversaries on this point. How the hostilities turn out is yet to be seen, and the next move of the court is being awaited.
