Some experts believe that the decisions on precautionary measures taken by the International Court of Justice in the “genocide” case brought against Tel Aviv pave the way for the trial and arrest of Prime Minister Benjamin Netanyahu and his army commanders, in accordance with internal Israeli law.
On January 26, the International Court of Justice ordered Israel to take measures to prevent genocide against the Palestinians and improve the humanitarian situation in the Gaza Strip, but the decision did not include a “ceasefire” text.
While the International Court’s decision was welcomed internationally and regionally, including the Islamic Resistance Movement (Hamas), the “Islamic Jihad” movement warned against Israel exploiting the court’s failure to issue an immediate ceasefire in Gaza, which would allow it to “act as it pleases.”
On January 11 and 12, the International Court of Justice in The Hague held two public hearings, as part of the start of consideration of the lawsuit filed by South Africa against Israel on charges of committing “genocide crimes” against the Palestinians in the Gaza Strip.
A “first step” towards holding Israel accountable
Speaking to Anadolu, Pakistani lawyer Hassan Islam Shad stressed the importance of the International Court of Justice describing the case brought by South Africa as “reasonable” for consideration.
Shad, the first lawyer from a Muslim country at the International Criminal Court, said that this decision “represents the first step towards holding Israel accountable for some, though not all, acts of genocide.”
He explained that “this conclusion also revealed the legal basis for Israel’s responsibility,” noting that “major political momentum” had been formed in this context.
Shad pointed out that “there is a concept of universal jurisdiction that links all countries, and therefore they must take the necessary steps to prosecute those responsible for war crimes, crimes against humanity and genocide within their domestic laws.”
He added, “It is indeed possible that in the very near future we will see news of arrest warrants being issued against Benjamin Netanyahu, or the leaders of the Israeli army and individuals participating in the military campaign, and once that happens, it will be the day when Israel regrets its actions in Gaza.” According to the Pakistani lawyer.
Shad also pointed out that “pressure is increasing against Israel, which has not respected international law throughout its history,” and that “after the International Court of Justice’s decision, internal political pressure on Netanyahu will increase.”
“Historical precedent”
For his part, the editor-in-chief of “Palestinian Facts” magazine, Ramzi Baroud, said, “Israel used the Jewish Holocaust in many ways to justify its presence and the acts of violence it committed against Arabs and Palestinians in Gaza over the years.”
Baroud explained that “Israel also used the Holocaust to accuse its critics and enemies of anti-Semitism.”
He expressed his belief that “the decision of the International Court of Justice is very important and historic, and the Israeli government knows very well that it constitutes a historical precedent.”
Baroud said, “This gives great legitimacy to the Palestinian resistance, because it is now fighting genocide more or less formally.”
He said, “The International Court of Justice did not refer to Hamas or other Palestinian groups as terrorists, but rather referred to them as Palestinian groups.”
Political bankruptcy
Baroud stressed that “Israel has begun to realize that it is losing legitimacy because of its actions as a country that does not recognize international law based on a general position.”
He said, “Netanyahu’s quick statement and the statements made by other Israeli officials (after the judicial decision) are only indicators that the issue (in international justice) is being taken seriously.”
Baroud explained that Netanyahu’s statements following the decision issued by the International Court of Justice “were full of contradictions” and lacked logic.
He added, “Netanyahu accuses the International Court of Justice of making a shameful decision, and also says that Israel will continue the war, but will respect international law. It seems that Israel no longer has a logical political discourse.”
Baroud expressed his belief that “the political bankruptcy of the Netanyahu government continues after the International Court of Justice’s decision, and this will certainly lead to more isolation of Israel over time, and will further strengthen the position of the Palestinians.”
He pointed out that “the court that Israel respects most internationally is the International Court of Justice, because of its position on ethnic cleansing and genocide (against the Jews) and that the historical experiences of the Jews have an impact on that. Therefore, it is a historical contradiction for the Israelis to begin to look at the court itself as a An enemy,” according to Baroud.
He believed that “South Africa has played its role to the fullest in this issue, and other countries must also think about what they should do.”
There is also “a need to put pressure on the countries that support Israel,” according to Baroud, “because without the support of these countries, Israel would not have been able to do these things (violations), and today Israel is accused of committing genocide crimes.”
Baroud concluded by saying, “Therefore, countries have every moral and legal reason to say that we have a legal obligation to initiate measures to boycott Israel until it ends its occupation of Palestine, or perhaps until it is proven that it did not commit genocide in Gaza.”
Since last October 7, the Israeli army has been waging a devastating war on Gaza, which left 26,637 martyrs, and the number of wounded reached 65,387, most of them children and women, according to the Palestinian authorities, and caused “massive destruction and an unprecedented humanitarian catastrophe,” according to the United Nations. .
