No more wiggle room for Israel
We welcome the interim ruling of the top UN court ordering Israel to take action to prevent genocidal acts in Gaza. There is an inescapable irony in the fact that the Jewish state finds itself under trial for the same crimes that had led to the UN adopting the Genocide Convention 75 years ago, following the Holocaust. While the International Court of Justice (ICJ) on Friday didn't rule on whether Israel has committed a genocide—which may take years—it is still a momentous judgement as it recognises the Palestinians' right to protection from genocide and, by extension, the plausibility of claims about them being decimated in the besieged strip. And the fact that the court reached its decision so quickly only highlights the urgency of the situation.
There is, however, room for concerns as the court stopped short of ordering an immediate halt to the almost four-month-old war. In the ruling, judges voted in favour of most provisional measures requested by the plaintiff South Africa—including provision of aid in Gaza—with the notable exception of ordering a ceasefire. This may prove to be a deterrent for peace efforts, even though the symbolic value of the judgment makes calls for ceasefire ever more relevant. But Israel may want to latch onto the words rather than spirit of the judgment. Already, its prime minister welcomed the ICJ's decision not to order a ceasefire, but said Israel would continue to "defend" itself. In other words, it will continue its military offensive—a position that its closest allies, including the US, also support.
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So, for those expecting an end to the deadly strikes in Gaza, the judgment offers no immediate hope. The question we must ask then is: Can the orders of the court be really implemented without a ceasefire? Can they prevent the deaths or suffering of ordinary Gazans? Can one respect international law, as Israel claims to do, and continue hostilities at the same time? Hundreds of civilians are still dying under Israeli bombardment in Gaza, with the death toll already surpassing 26,000, about 70 percent of them women and children.
Against this backdrop, what we need is meaningful action—not evasive tactics—in compliance of the ICJ ruling. Unfortunately, although its orders are legally binding, the court does not have the power to enforce them. It then falls on Israel's diplomatic and military backers to bear on it to comply with the orders. Its allies, especially the US, must urgently use their leverage to ensure a ceasefire. Beyond the immediate imperative of ending hostilities, the international community must also address the root causes of the conflict in Palestine.
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