Joan Donahue, President of the International Court of Justice, said in this regard: “The Court is aware of the current tragedy in Gaza and condemns the continuous killing there. Israel must take the necessary measures to prevent the killing of a group of people or serious harm to Israel must take all necessary measures to prevent mass killing and genocide in Gaza and immediately take measures to prevent destruction and 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.”
In relation to this important and valuable action of the Hague Court of Justice, the following points are noteworthy.
1. The Hague Court of Justice heard South Africa’s complaint in about a month and announced its verdict, and this indicates the necessity and urgency of dealing with Israel’s crimes. Gambia against Myanmar was submitted to the court in November 2019, but its hearing has not yet been held. 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 about a hundred days have passed since the Gaza war, and so far 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 International Court of Justice have entered 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 the main judicial pillar of this institution, and the International Criminal Court (ICC), which has the task of dealing with crimes of genocide, crimes against humanity, war crimes and crimes based on aggression. Now the International Court in its preliminary ruling, the judiciary has declared the genocide in Gaza and the need to take extraordinary measures. Therefore, the hearing session at the International Criminal Court will begin soon, and the preliminary verdict of the International Court will have an impact on the decision of the International Criminal Court. 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 International Criminal Court confirms the issue of genocide and war crimes by Israel, it can punish the Zionist authorities and isolate Israeli companies and It may even lead to their sanctions and boycott in the international community. The chief prosecutor of the International Criminal Court has announced that in addition to South Africa, 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 also announced in a statement that the International Criminal Court 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 International Court of Justice 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 genocide in The Gaza Strip should be activated. Cutting off Israel’s economic arteries 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. Making the Cape of Good Hope by South Africa for Israeli ships or cargo carriers for this regime can be very effective. Most of the trade exchanges of the Zionist regime are with East Asian countries, including China, Japan, Taiwan, South Korea, and… Due to the brave actions of the Yemeni army and the blocking of Bab al-Mandeb, these countries should pass through the Cape of Good Hope. The blocking of this cape until the blockade of Gaza is lifted and food, medicine, and other basic necessities enter Palestine can be a guarantee of the implementation of the Court’s ruling Justice in The Hague.
In general, the ruling of the International Court of Justice has created a rare legal opportunity for the governments of the world to work to end Israel’s crimes in Gaza.
MNA
