Expectations of the International Court of Justice in The Hague: a look at the situation in Gaza
On the eve of the meeting of the International Court of Justice (ICJ) of the United Nations, scheduled for January 26, tensions are rising in the world. The main issue on everyone’s mind is what decision will be made on South Africa’s case against Israel and how it will affect the situation in the Gaza Strip.
What to Expect from the ICJ
The Palestinian position
Palestinian Prime Minister Mohammed Shtayyeh expressed hope that the ICJ’s decision would include immediate measures to end the war in Gaza. He also expects the ICJ to step up efforts to ensure the rapid flow of humanitarian aid to save those suffering from hunger and disease, as well as those facing other threats in the Gaza Strip.
“We expect the court to fulfill its legal and humanitarian responsibilities to the international community in the face of genocide. Our people have lived through terrible events since the Second World War. We expect the court to continue to investigate Israel’s genocide against our people in Gaza,” the Palestinian prime minister said in a statement.
Israel’s position
Israel rejected the accusations as “grossly distorted,” saying it had the right to defend itself after the Oct. 7 attack that killed 1,400 people, and that its offensive was aimed at Hamas, not the Palestinian people as a whole. Hamas continues to hold 126 Israeli citizens in captivity.
“If there were acts that can be called genocide, they were committed against Israel on October 7. And Hamas leaders are eager to confirm this.”
Israel also declassified documents Thursday to show that it took steps to protect civilians and minimize civilian casualties during its Gaza operation.
Prime Minister Binyamin Netanyahu held a meeting in Tel Aviv on Thursday afternoon to prepare for possible scenarios following the International Court of Justice ruling. The meeting was attended by the attorney general, justice minister, strategic affairs minister and the director of Israel’s National Security Council.
On the other hand, Israel expects the United States to support its right to self-defense. Pentagon chief Lloyd Austin reiterated this position, while stressing the importance of ensuring the smooth delivery of humanitarian aid to Gaza.
The US approach to the situation
The United States is committed to supporting diplomatic efforts to resolve tensions along the Israeli-Lebanese border and seeks to avoid regional escalation. At the same time, growing tensions between Washington and Tel Aviv over the increasing civilian casualties in Gaza and Israel’s demolition of hundreds of homes along the border to create a “buffer zone” are of serious concern.
The Israeli military has demolished hundreds of buildings in Gaza within 1 km of the border, as the country attempts to create a “security zone” between the Jewish state and the besieged sector. The move has caused friction with the United States, which opposes the creation of any buffer zone and insists that Gaza’s territory not be allowed to shrink.
Consequence of the court’s decision
The situation in Gaza remains tense in light of the upcoming court case in The Hague. The decision of the International Court of Justice may have long-term consequences for both Israel and Palestine. Let’s hope it is fair and brings peace and stability to this conflict-ridden region.
The International Criminal Court (ICC) also ruled in 2021 that it has a mandate to investigate acts of violence and war crimes committed by both Israel and Palestinian groups.
Rules of the UN ICJ
Israel’s defense also drew the judges’ attention to South Africa’s violation of the rules of the International Court of Justice. It is supposed that the filing of a case should be preceded by a conflict between the two countries and the refusal of one of the parties to consider the claims of the other. However, according to Malcolm Shaw, South Africa did not respond to Israel’s attempts at dialogue and immediately filed a lawsuit.
South Africa’s case against Israel is being heard by a panel of 15 judges from the United States, Russia, Slovakia, France, Morocco, Somalia, China, Uganda, India, Jamaica, Lebanon, Japan, Germany, Australia and Brazil, with one additional judge from each side. At least two states, Somalia and Lebanon, do not recognize Israel.
