The United Nations Special Rapporteur on the situation of human rights in the Palestinian territories, Francesca Albanese, said that the trial of Israel in the International Court of Justice on charges of committing a war of genocide in the Gaza Strip opens a new era in the relationship between the countries of the Global South and the Global North, and sheds light on wars of genocide that have not yet been recognized.

In a lengthy interview with the Israeli website "972+", Albanese said that the arguments presented by the South African prosecution in court were strong in their effort to prove the existence of a premeditated Israeli intention to commit genocide in Gaza, and that legal experts from South Africa and Ireland came forward to defend a people who are still being exposed to Settler colonialism and the apartheid system that previously afflicted South Africa were very influential.

Justice microscope

Albanese - an international lawyer who took over her current job in 2022 to be the first woman appointed to the position that documents violations against Palestinians - added that what shocked her was Israel’s use of the terms of international humanitarian law itself to justify its attacks on civilians, but Israel struggled - according to her - to provide a convincing explanation for its war on civilians. Civilians, in fact, seemed to be suffering while under the microscope of justice and the media.

Albanese says that the trial went beyond the issue of the genocide taking place in Gaza to the symbolism of opposition to colonialism as a whole, and she believes that the silence of European countries on the issue of genocide is natural given the European mentality that is still trapped in the residues and repercussions of the colonial period, and this makes Western countries in general take a clear side when they express their positions on the issue of genocide. But the trial shed light - according to it - on wars of extermination that are still being denied, such as those committed by Germany in Namibia a few decades before the Holocaust in Europe.

A glimmer of hope

Although any decision regarding the genocide charge itself may not be made for many years, the prosecutions against Israel in the Court of Justice would give a glimmer of hope to those living in the south whose lives are hanging on the brink of the abyss, as Albanese put it.

She pointed to several relevant examples taken by the Court in the past, for example the case between Russia and Ukraine, where the ICJ had already made it clear in its interim proceedings that Russia “must immediately cease” the military operations that began on 24 February 2022 in Ukrainian territory. . However, Russia objected to this directive, filing “preliminary objections” challenging the court’s jurisdiction and the admissibility of the request.

Gambia also filed a case with the International Court of Justice in 2019, alleging that Myanmar had failed to fulfill its obligations under the Genocide Convention with regard to the Rohingya in Rakhine State. The International Court of Justice issued an interim measures order in 2020, directing Myanmar to “take all measures within its authority” to prevent acts specified in the Genocide Convention, including ensuring that its military forces and any irregular armed units refrain from committing such acts.

In addition, the court mandated Myanmar “to take effective measures to prevent destruction and ensure the preservation of evidence” related to ICJ proceedings, and to submit regular reports detailing the measures taken to comply with the order.

It is noteworthy that the trial of Israel on charges of genocide in the International Court of Justice - one of the six United Nations bodies - is separate from another legal effort in The Hague as well, where the UN General Assembly last month asked the court to express an advisory opinion on the legality of the occupation of Palestinian territories, which is not binding opinion, unlike the temporary decisions issued by the Commission in cases of wars of extermination.

Source: Israeli press + Aljazeera