International Court of Justice announces its ruling: Israel, on trial for genocide, must either comply or face isolation

Melik ÇELİK - 12punto.com.tr

On December 29, South Africa filed a case against Israel at the International Court of Justice (ICJ) on charges of genocide. The International Court of Justice, the UN's judicial organ located in The Hague, Netherlands, has announced its ruling regarding Israel. Koç University lecturer Dr. Kerem Gülay and Harici.com.tr editor and journalist Cansu Yiğit evaluated the decision for 12punto.

The court ruled that it is mandatory for Israel to take all measures to prevent acts of genocide in Gaza and granted Israel one month to ensure all such measures are taken. Dr. Kerem Gülay pointed out that South Africa presented its arguments and evidence regarding the case very accurately. Explaining the decisions Israel must implement, Gülay stated:

"This decision was, in essence, a legally expected one. Because South Africa had presented its arguments and evidence regarding the court's jurisdiction, the conditions of the case, and the merits very accurately. Israel, on the other hand, had presented a defense based somewhat on rhetoric and agitation. Therefore, this was an expected decision. To tell the truth, I did not expect the court to issue a total ceasefire order. However, the other decisions were all ones I expected and foresaw. If we look at what these decisions are, for example, the non-obstruction and maintenance of humanitarian aid corridors. The passage of humanitarian aid without obstruction or delay. The court ordering Israel to refrain from actions that could constitute elements of genocide. Fourthly and most importantly, Israel refraining from statements that could constitute incitement to genocide. During the process, the Minister of Defense, the Prime Minister, and the President had said very provocative things. The court explicitly emphasized these as well and ordered that they be avoided. This is very important. I think something interesting will emerge from this in the final ruling of the case as well."

1 MONTH DEADLINE FOR ISRAEL

The court granted Israel a one-month period to implement the provisional measures. Dr. Gülay explained the one-month period with the following words:

"Israel needs to take all the measures ordered by the court immediately. It will also submit a report to the Court at the end of one month regarding this. In other words, it needs to start this work immediately. Israel cannot say, 'Let's wait until the last day of the month.' It must have completed all of them within one month. The one-month period relates to the full implementation of the provisional measures order."

"DOES NOT CONTAIN A DEFINITIVE GENOCIDE VERDICT"

Gülay emphasized that the provisional measures order is not a final ruling and does not contain a definitive “genocide” verdict, but it does confirm that there are “plausible claims” regarding the violation of the Genocide Convention. Gülay stated that it could take several years for the court's ruling on the merits to be issued. Stating that the case will have an impact on the conflicts in the region, Gülay said: “The court's decision on whether genocide occurred or whether there was incitement to genocide regarding the merits will take a few years. It could even take longer. Will Israel be punished, and can it stop the conflicts? This is not a decision that says 'Israel committed genocide' yet. However, it is a very important decision. I characterize the filing of this case by South Africa as a strategic move to somehow reduce the intensity of the conflicts. Of course, there are also sensitivities regarding genocide. It will certainly have an effect on the conflicts. If Israel continues with its current level of violence, then considering that such a decision has been issued at this stage, a genocide ruling could also emerge in later stages. Since this is obviously not something Israel would want or prefer, it will indirectly affect the conflicts. At the very least, these irresponsible statements by Israeli officials will be prevented in some way.

The issue of humanitarian aid is quite important here. The ruling states that Israel is obliged to allow the passage of humanitarian aid and cannot prevent it. This is a situation that goes far beyond ordering the necessary measures to be taken. It forces the state to fulfill all its obligations. This both affects the conflicts and ensures that the basic needs of the humanitarian crisis there are met."

“IF ISRAEL DOES NOT COMPLY WITH THE RULING, THERE WILL BE OTHER CONSEQUENCES”

Some segments had commented that the UN is a symbolic institution and has no influence, both during the Ukraine-Russia war and the Israel-Hamas war. Dr. Gülay explained the effects that the ICJ's decisions will have on international politics with the following words:

“This week and next week, the ICJ will announce two separate rulings regarding the Russia-Ukraine disputes. One case is on the 29th of the month, and the other is on February 2. People generally have an idea that the UN and the ICJ are symbolic institutions. However, this is not only inaccurate but also a conclusion formed without knowing the international system well.

Let me give an example: Crimes such as theft and murder can be committed in every country, every town, and everywhere. No one says there is no law just because these things happen. If those who do this go free, one could say there is no law. Therefore, I do not think it is very accurate to say that a system in which such an order is issued, bringing responsibility and judgment upon Israel, is ineffective. The international system is a quite complex system. Of course, it has some ineffectiveness. But perhaps, through various negotiations that we cannot see on the front stage, this system indirectly influences the policies of countries. No state wants its diplomatic reputation to be damaged and to be considered illegitimate by other states. That is why they try to comply with these rulings. The court does not have the power of sanctions. It has no army, no police force, etc. However, court rulings are complied with. And when they are not complied with, there are other consequences. For example, states can impose sanctions against a state that violates international law."

INCOMPLETE BUT IMPORTANT RULING

Harici editor Cansu Yiğit noted that the accusations against Israel were proven to a “plausible level” and that the court ruled that Israel will be tried for the crime of genocide:

"The court expressed concern for the humanitarian tragedy in Gaza. By issuing a provisional measures order, it asked Israel to take measures to improve the humanitarian situation in Gaza and prevent genocide, and to submit a report to the court within 1 month. It ruled that the humanitarian situation in Gaza constitutes an 'urgent danger.' Although the ICJ acknowledged the gravity of the situation, its failure to issue a ceasefire order for Israel is a shortcoming. Still, the ruling is very important. After this ruling, it will no longer be so easy to defend Israel, especially for Europe. We can say that Israel and the US will become increasingly isolated in the international arena," she said.

Pointing out that the lack of enforcement power of international law also applies to this ruling, Yiğit said:

"The situation is this: The UN's judicial organ says there is a possibility of genocide in Gaza. However, it has no mechanism to stop it. If the United Nations Security Council (UNSC) convenes upon this ruling and issues a ceasefire decision, only then would Israel have to stop. However, all proposals in this direction at the UNSC have been rejected by the US.'

“ISRAEL WILL NOT COMPLY WITH THE PROVISIONAL MEASURES”

Journalist Yiğit also expressed that the ruling will not be implemented by Israel. However, according to Yiğit, the US and Israel will become isolated in international politics with this ruling. Stating that this will impose limitations on Israel's operations, Yiğit indicated that the US will pressure Israel to strengthen its hand on this issue.

News Source: Melik Çelik