- Today's ruling was 'really momentous event' where the plight of Palestinians in Gaza was discussed, says lawyer Mark Kersten
- No division between judges from Global North and Global South in court sends 'very clear message to world, Israel,' Professor Robert Howse tells Anadolu
ISTANBUL
Reflecting on the top UN court's interim ruling on the Israeli onslaught on Gaza, lawyers and legal experts have expressed hope that although there was no order for a cease-fire, the ruling will intensify pressure on Israel and its allies.
Emphasizing the significance of the ICJ order, veteran war crimes prosecutor Reed Brody told Anadolu: “Whatever the Israeli government may say, this binding order will put pressure on Israel, directly and through its allies to end the collective punishment of the people of Gaza and do more to allow humanitarian aid.”
The human rights lawyer believes that the ICJ’s suggestion that “there is a plausible case of genocide will make it more difficult for the United States to continue unconditional military assistance to Israel, lest it be accused of complicity.”
“Finally, after almost four months of death and destruction, Israel has faced a legal reckoning for its actions,” he added.
Mark Kersten, an assistant professor of Criminology at the University of the Fraser Valley, Canada, told Anadolu in a video interview that though the UN's top court did not issue an order for the military operations to end, the fact that a case on the merits of whether genocide has occurred in Gaza would be heard would put pressure on states.
"Just because the cease-fire or the anti-military operations wasn't ordered by the International Court of Justice, does not mean the fact that today was not momentous...The World Court said that a case in relation to genocide in Gaza could proceed, and told the world about the plight of Palestinians in Gaza."
Kersten said that no order regarding a cease-fire or military operations, “will certainly be a disappointment to many and of course will be important to Israel which does not want to end its military operations in Gaza.”
But at the same time, the court was “very clear that Israel had to allow humanitarian aid in,” he said.
Robert Howse, professor of International Law at NYU School of Law, said that the decision showed the seriousness of the court in its concern that the risk of genocide be stopped even before it reaches the merits of the case and decides conclusively that the genocide convention is being violated.
Will Israel comply?
Commenting on whether Israel will comply with ICJ's ruling, Kersten said that it is unclear if Israel will comply with the decision.
"Prime Minister Netanyahu was very clear that 'The Hague' will not stop us in our war against Hamas and in the war that Israel is waging in Gaza. Now, at the same time, the ICJ case has already shaped the behavior of Israel,” he said.
Explaining, he said that Israel only as a result of this case has announced through its attorney general that it will investigate and potentially prosecute, using its criminal law, those who incite genocide or violence against civilians.
Regarding the measure ordered by the ICJ for Israel to report it within one month, veteran lawyer Francis Boyle told Anadolu that Israel would comply.
"They'll come back with a pack of lies," he remarked.
Kersten also said that Israel will comply with that specific measure “because it has everything to gain by doing” so.
‘Meaningful victory for South Africa’
Legal experts applauded South Africa for today's verdict.
Reed Brody called the ruling, “a meaningful victory for South Africa which could help ease the suffering in Gaza.”
Lawyer Kersten said that it was a really momentous event, where the plight of Palestinians in Gaza was discussed.
“It would have been impossible to imagine that that would happen at the International Court of Justice and critically, the judges found that the case in relation to the alleged genocide in Gaza can proceed,” Kersten said.
Howse said that in bringing this case, South Africa was taking risks.
"It (South Africa) was subject to defamation by Israel in doing so, it was subject to a ridiculous attack by the (Joe) Biden administration. And they (South Africa) have done a real service to humanity."
He also pointed out that there was no division between judges from the Global North and the Global South, “and that sends a very clear message to the world and Israel.”
Genocidal statements
Howse pointed out that he “was very pleased that the court took seriously statements of genocidal intent by Israeli leaders.”
According to him, the judgment contained extensive quotations from the Israeli defense minister, president and other high-level Israeli officials that are “chilling just to listen to them about complete destruction, about leaving nothing there and so on.”
He said it is very important for the world to see that the presentation by Israel of what is going on in Gaza as an operation for “self-defense” is in complete contrast to these statements of the highest level of officials in the country about destroying everything.
