ARAB AND WORLD
Fri 05 Jan 2024 6:05 pm - Jerusalem Time
Israeli legal expert: South Africa's lawsuit aims to stop the war immediately
“The decisions of the International Court of Justice are binding, and it can decide that Israel must stop the war on Gaza, ‘because we fear the annihilation of a people.’ Israel is obligated to comply, and if it does not do so, it is the UN Security Council that is expected to enter the picture.”
The expert in international law at the Israeli Reichman University Dr. Dafna Richmond-Barak said: , the lawsuit against Israel submitted by South Africa to the International Court of Justice in The Hague, aims to quickly stop the war on Gaza.
Richmond-Barrack, who worked at the International Court of Justice in the past, explained that the powers of the International Court are “to settle disputes between states, and it is different from the International Criminal Court in The Hague, which investigates personal crimes committed by individuals. The goal of the International Court of Justice is to contribute to peace and security.” International parties, in order to prevent the use of force,” she told Channel 12 today, Friday.
She pointed out that when a country files a lawsuit against another country, the court decides on it, “and its decisions are binding on both parties to the conflict. The court may agree to the plaintiff’s request. South Africa seeks to cause an immediate cessation of the war, that is, for the (Israeli) war effort in Gaza to stop.”
She added, "The court can decide that 'Israel must stop fighting in Gaza now, because we fear that there may be targeting or an intention to annihilate a people, or a fear of annihilating a people.' Legally, it is obligated to obey, but there is no police for the international community." To enforce the decision.
She continued, "There is the UN Security Council, which is also part of the (international judicial) system, and if the International Court of Justice issues a binding decision on Israel and Israel does not comply with it, it can be expected that the Security Council will enter the picture later."
Richmond-Barak pointed out that the International Court of Justice has great legitimacy and prestige, “and therefore it is forbidden to underestimate what is happening there. Countries take this seriously, and it has very great importance and has weight in the international arena.”
She said that Israel's decision to "cooperate" with the court is "very rare and very correct. This confirms the importance of this measure for Israel," especially since it is accused of exterminating a people. She indicated that Israel refused to cooperate with the International Criminal Court’s investigations into the continuation of the occupation, which are currently ongoing, and with its investigations into the apartheid wall.
She added, "What has changed now is that we are facing allegations of the genocide of a people. This is the most serious and serious crime in the international judicial system. What is happening now is that Israel is facing an accusation of carrying out Genocide, and this is something we cannot bear. And by the way, because this is the most serious crime, it is the most difficult." "To prove it. The ceiling is very high."
She continued, "The procedures before the court usually last a long time. The intelligence of South Africa's lawsuit is not only that it is based on the genocide of a people, which gives it great importance, but also that South Africa's request is heading on a fast track. And setting the court session for next Thursday is a rare thing." "It also stems from South Africa's request. This is a procedural matter, when there is something serious and it needs to be brought to an immediate end."
Richmond-Barak considered, "Israel must prepare at a very rapid pace. There is a war going on here, and we have an infinite number of problems, and seven fronts, and now another front has emerged opposite the International Court. This includes the cooperation of the Ministries of Foreign Affairs, the Judiciary, and the Military Prosecution."
She warned against Israeli ministers continuing to make statements “in a way that could cause further harm. Because in South Africa’s lawsuit, there are entire pages containing statements by state ministers and government representatives that, according to South Africa’s claims, indicate that what is happening here is the annihilation of a people. Great caution should be exercised.” And to provide briefings to everyone, and for everyone to understand the implications of these statements in the international arena.”
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Israeli legal expert: South Africa's lawsuit aims to stop the war immediately