The 17-member panel from the Hague-based International Court of Justice on Friday granted Israel to take several measures to prevent violence inside Gaza. Gaza Strip.
The decision comes as part of a more significant matter initiated by South Africa at the U.N.’s highest court to determine if Israel is already engaging in the crime of genocide towards Palestinians in Gaza in its battle against Hamas.
Although the decision is not legally binding and the actual legal case on whether Israel is guilty of genocide is anticipated to take a long time to weave their way through courts, The rules are more than symbolic.
This is what the court’s decision that Palestinian Minister for Foreign Affairs Riyadh Maliki describes as a decision in “favor of humanity and international law” will mean for the conflict between Israel and Hamas.
What effect does the ICJ ruling have on Gaza?
There is little immediate in terms of a significant shift in conditions on the ground.
South Africa had asked the court to issue an emergency decree to force Israel to agree to an end-of-war in Gaza. The court didn’t grant that request. Instead, it directed Israel to carry out actions to stop the killing and hurting of civilians living in Gaza by preventing from murdering members of a group and not imposing conditions that would hinder women from having babies. It also ordered Israel to stop and punish comments made by the public that encourage violence.
However, even if ICJ had demanded Israel cease its military operation, the court does not have any formal means to enforce this decision -it is not a formal order – and Israel has stated that it will cease fighting once Hamas is defeated.
Israel can get all its hostages returned. “We will continue to do what is necessary to defend our country and our people,” Israeli Prime Minister Benjamin Netanyahu said Friday, following the court’s decision.
In the meantime, Palestinian lawmaker Mustafa Barghouti declared that, due to the extent of destruction and the ongoing conflict that is ongoing in Gaza, “Israel cannot implement ICJ decisions without an immediate and permanent ceasefire.”
What kind of pressure will this place on U.S. citizens? U.S.?
Several enormous consequences could significantly impact those in the U.S., long Israel’s most loyal diplomatic and military allies. The U.S. is likely facing increasing pressure to bend Israel’s arms and end a conflict that has claimed the lives of over 26,000 Palestinians, mostly civilians, according to the Hamas-run Gaza Health Ministry.
First, since the ICJ does not have a means of enforcing its decisions, the issue could be put to a vote at the U.N. Security Council, where the members can decide on economic sanctions or take military action.
If there is a U.N. Security Council vote occurs, “the Biden administration will once again face the choice of protecting Israel politically by casting a veto, and by that, further isolate the United States, or allowing the Security Council to act and pay a domestic political cost for ‘not standing by Israel,'” said Trita Parsi, co-founder and executive vice-president of the Quincy Institute for Responsible Statecraft, an Washington, D.C. think tank.
Nancy Okail, president and chief executive officer of the Center for International Policy Think Institute located in Washington, D.C., declared that the decision from the ICJ “is more than a legal technicality; it’s about safeguarding human rights on a global scale.”
So far, the White House hasn’t said much about the ruling of the ICJ, even if it does respect the decision.
Okail has said that this sends the wrong message.
“If we support the creation of a global community based on shared rules rather than simply might make right, it is essential that all countries, including the United States, acknowledge the legitimacy of this ruling and take necessary steps in response,” said Okail in a written statement.
What will happen next?
The ICJ has ruled that Israel should submit within a month to the court a report detailing what it’s doing to enforce every measure within its powers to prevent genocide and other crimes in Gaza. Israel hasn’t said if it will abide by the ICJ’s order.
In reality, after the decision, several of Israel’s highest-ranking officials, like Defense Minister Yoav Gallant and Foreign Minister Israel Katz, expressed disappointment and a tone of disdain.
“The state of Israel does not need to be lectured on morality to distinguish between terrorists and the civilian population in Gaza,” Gallant posted on Facebook and other social platforms. “The IDF and security agencies will continue operating to dismantle the military and governing capabilities of the Hamas terrorist organization.”
Katz stated that Israel was committed to international law, which was in force “independently of any ICJ proceedings.”
The focus now shifts to reports that have surfaced in recent days indicating that President Joe Biden plans to dispatch CIA Director William J. Burns to the Middle East to help broker an agreement that would be reached between Hamas and Israel, which would result in being released of the hostages still held within Gaza as well as the most prolonged ceasefire of hostilities since the conflict started last year.
