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ARAB AND WORLD

Sat 13 Jan 2024 10:00 am - Jerusalem Time

Genocide lawsuit: Experts and legal experts consider Egypt’s intervention necessary

Experts and professors of law and constitution stressed the necessity of Egypt’s intervention in the genocide lawsuit filed by the state of South Africa against the Israeli occupation state at the International Court of Justice in The Hague, and that this supports the position of the case and increases its importance and weight at the international and legal levels.


Although the International Court of Justice heard over the course of two days, last Friday and Thursday, both sides of the genocide lawsuit, the State of South Africa as its first resident party, and the Israeli occupation’s response as a second party defendant, Egypt has the right to join the lawsuit until the full hearing is closed, and reports are submitted. The final announcement is made by the court officially closing the door to pleadings and hearings.


The court is scheduled to send letters to member states to take an opinion on the genocide case, if those states want to comment on it, or have the right to abstain. In the event that responses are received or a response is abstained from, the International Court of Justice declares closing the door to intervention or responses from states, and considers all responses, if any, or memorandums in the event of intervention in the case.


Raafat Fouda: The spirit and rules of the Egyptian Constitution require Cairo to intervene in such a lawsuit


Professor and head of the Department of Public Law and Professor of Constitutional Law at Cairo University, Raafat Fouda, confirmed in statements to Al-Arabi Al-Jadeed that the spirit and rules of the Egyptian Constitution require Cairo to intervene in such a lawsuit.


He added: “If Egypt wants to play an Arab role, and that it is the mother of the Arabs and the largest Arab country, and that it is the one who carried the Palestinian cause, then it must continue its journey in this regard by intervening in the genocide lawsuit. The state of South Africa has nothing to do with the lawsuit except that it encourages the Palestinian cause, so what What do you think about the Egyptian state and its history in the case?


Why did Egypt not move against Israel before “International Justice”?

Fouda explained that any country in the world has the right to intervene in the case, as the International Court of Justice only accepts requests from the state, whether it is a request for an original case or an intervention in the case. Therefore, if Egypt decides to intervene in the case, it will join the team for the State of South Africa and submit Her legal notes and evidence of genocide.


Egypt is directly affected by the genocide lawsuit

The law professor added: “It is not even required in such cases related to genocide that you be a neighbor, or harmed, or not harmed, etc., let alone Egypt, which is an already affected country, and which is the main goal of the Israeli occupation state as it seeks to displace the population of Gaza to Sinai. Therefore, Egypt is affected by the war, because the Rafah crossing was bombed 4 times, and therefore Egypt is directly affected by the genocide.”


Fouda explained that the door to Egypt is open even after the court finishes hearing the Israeli occupation state’s response to its accusation of committing genocide crimes against the Palestinians.


Regarding his expectation that Egypt would intervene in the lawsuit, Fouda predicted that this would not happen “because Egypt has certain relations with Israel, and therefore it does not want to anger Israel.”


Egypt's accession to the genocide lawsuit gives the issue weight

Human rights lawyer Nasser Amin confirmed to Al-Araby Al-Jadeed that Egypt’s joining the lawsuit gives the case its weight towards proving the right of the Israeli occupation state to commit genocide.


He added that Egypt is a signatory to the Genocide Convention, and under the International Court of Justice system, it has the right to initiate a lawsuit or join it after the initial procedures for a lawsuit have already been initiated, just like any member state of the United Nations. Intervention in this case is by joining and submitting memorandums of support in the case.


Nasser Amin: Egypt’s accession to the genocide lawsuit gives the case its weight towards proving guilt against the occupying state.


The human rights lawyer continued that Egypt's intervention is important, and the more countries intervening, the more important it is and the support for the position of condemnation against Israel, indicating that the main effort has already been made in establishing the case and its pleadings, and that in the next stage the court is supposed to send, after hearing the Israeli party, To the states parties to the Genocide Convention, including Egypt, to hear its opinion on the case. He explained that the strongest intervention is by joining the lawsuit, which is what is required, and not just hearing opinions.


Egypt's intervention in the genocide lawsuit is important for its national security

Constitutional jurist and legal expert Issam Al-Islambouli explained to Al-Araby Al-Jadeed that Egypt’s intervention in the case at this stage is very important in the Palestinian issue in general, and represents national security for Egypt in the face of dangers on the border, and increases support for the case’s position in reaching a conviction for the leaders of the case. Israeli occupation.


He added that the lawsuit could lead to issuing a decision against the Prime Minister of the Israeli occupying state, Benjamin Netanyahu, and the leaders of the army and the entire occupying state, and issuing a decision deeming them war criminals and perpetrators of “genocide” crimes and being prosecuted internationally.


Islambouli explained that this matter happened with the ousted Sudanese President Omar al-Bashir, and it also happened with Russian President Vladimir Putin, pointing out that whoever is sentenced is pursued and is wanted in all countries, and that once the ruling is issued, it is assumed that international law is adhered to and the ruling is implemented.

Source: Al-Araby Al-Jadeed

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Genocide lawsuit: Experts and legal experts consider Egypt’s intervention necessary