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Home Opinion & Editorial Opinion

ICJ’s incomplete justice

Inayat Shamsi by Inayat Shamsi
January 30, 2024

For more than a hundred days, the war in Gaza has been ongoing. Recently, there was good news regarding the International Court of Justice rejecting Israel’s request to halt the case against the genocide of Palestinians, allowing the case to proceed as per the request of South Africa.

While the interim and tumultuous ruling of the International Court of Justice is relatively weak, it is noteworthy that despite intense pressure from Israel and its superpower allies, the court has decided to hold Israel accountable. It has become evident that despite receiving substantial support and assistance from global powers, Israel’s actions in Gaza, including any form of aid, can be implicated in acts of genocide.

The clear success of those advocating for humanity against oppressors and terrorists lies in the acceptance by the International Court of Justice that what Israel is doing unilaterally in Gaza is equivalent to ethnic cleansing of an entire nation, community, and racial entity. Therefore, the court has declared that it is aware of the humanitarian crisis in Gaza, and based on this, it rejected Israel’s request to dismiss the case of genocide, stating that the decision lies within the jurisdiction of the court.

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The court made it explicit that there is sufficient evidence against Israel for genocide, with some allegations falling under the Genocide Convention. This landmark decision by the International Court of Justice is a victory for those who believe in humanity. Regardless of the outcome, it is clear that it has illuminated a ray of hope and transformed widespread despair into some semblance of optimism for the oppressed in Gaza.

When a relatively less significant and weaker country like South Africa referred to the International Court of Justice against Israel in November, the world was not very hopeful about the case. This is why Israel and its allies did not pay much attention to the challenge posed by the International Court of Justice. Supporters of Palestine and the Islamic world viewed it merely as a formal procedure, but South Africa fought its case with great diligence, seriousness, and undivided attention. As a result, it became evident over time that this is a serious case with far-reaching implications and consequences.

Where one side hesitated to hope for concrete action against the horrors and atrocities in Gaza, countries raising their voices against the massacre and brutality started reaching the International Court of Justice one by one. Meanwhile, Israel also realized that the matter is serious, and it cannot be ignored. The International Court of Justice has the authority to give its opinion and commentary based on evidence and facts until it issues a judgment and decree. It does not have the power to enforce its ruling against Israel, but that does not mean the decision of the International Court of Justice is entirely ineffective and will have no impact.

Israel has been unmasked completely, and the world is witnessing its complete siege of a city, subjecting it to continuous brutal bombings and shelling for more than a hundred days. Gaza has been utterly devastated, with Israel having dropped over 68,000 tons of explosives, surpassing the volume of three atomic bombs. The consequences of these attacks have led to more than thirty thousand Palestinians being martyred so far, facing continuous death, including women, children, the elderly, and the youth – with no discrimination.

If this is not genocide, then what is it? The landmark decision of the International Court of Justice has exposed Israel. Moreover, this decision and the ongoing proceedings in the court are also shameful for the custodians of peace in the world, such as the United States and Britain, who, along with Israel, are equally responsible and complicit in this heinous act of ethnic cleansing against a large human population.

The truth is that Israel is not solely responsible for the heinous crimes of genocide. Countries like the United States and Britain, among others, are equally partners and accomplices in this reprehensible act of ethnic cleansing, providing support and assistance to Israel in various ways. The fact is that without American and British cooperation and aid, Israel cannot sustain its existence.

Its very existence, for the past seventy years, has been underwritten by American cooperation, and the hand of America is also behind the injustices and seizures of land on the part of Israel against the residents of Palestine. If America withdraws its support, Israel will crumble like a house of cards in a few days. The interim decision of the International Court is essential, but an immediate ceasefire is necessary. Without it, complete justice cannot be provided to the Palestinians.

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