Israeli estimates are unanimous that the International Court of Justice accepting the lawsuit submitted by South Africa regarding the war on Gaza, and rejecting Israel’s request to dismiss the lawsuit, is tantamount to an international red card in the face of Tel Aviv, and will have negative repercussions on Israel in various international forums.

The readings of Israeli analysts and specialists agree that although the court did not issue a decision obligating Israel to stop the war on Gaza, the measures and instructions issued by it put pressure on Israel and restrict it, and also put the Israeli army and its military operations under the watchful eye of international law.

The analyzes were consistent with each other regarding the court’s decisions obligating Israel to take measures to prevent genocide, prevent incitement to it, and bring humanitarian aid into the Gaza Strip. The decision was considered a setback for the Israeli narrative and support for the Gaza Strip and the Palestinian narrative, which constitutes a prelude to putting more pressure on Israel for a ceasefire.

A New stage

Although it did not issue a decision obligating Israel to stop the war, retired Israeli Supreme Court Justice Hanan Melzer said, “The Hague Court’s decision is a red card in the face of Israel, and it is a decision that will accompany it for many years, and will have many repercussions on Israel and its political and military leaders.”

Melzer explained, during an interview with him on Israeli Channel 12, that the decision means that Israel must be careful in the future in everything related to dealing with the Palestinians, pointing out that its essence means that Israel cannot do what it wants in the Gaza Strip and the West Bank or continue War and violent fighting.

The Israeli judiciary believes that the decision, although it is not binding on Israel to stop the war, puts the Israeli army before the test and microscope of international law, and establishes a serious and new phase in international dealings with Israel in everything related to the conflict with the Palestinians.

Melzer believes that the International Tribunal's quoting of statements by Israeli leaders during the course of the war on Gaza, calling for genocide and destruction and the prevention of humanitarian aid, and describing the residents of Gaza and the armed men as human animals, will make it difficult for Israel in future judicial deliberations.

He pointed out that the position of the Israeli delegate, retired judge Aharon Barak, which is consistent with the court’s position against genocide, and which demands that Israel refrain from doing so and avoid targeting civilians, practically constituted a lifeline, protection, and prevented the issuance of more stringent decisions and measures against Israel.

Initial decision

International law expert, lawyer Ilan Baumbach, agrees with Judge Melzer’s proposal, but believes that the initial decision of the Hague Court indicates the defeat and setback of the Israeli narrative regarding the war and the acceptance and victory of the Palestinian narrative.

He pointed out that the court "did not address what Hamas did during the surprise attack on the 'Gaza envelope' on October 7, 2023, while it touched on the kidnapped Israelis in Gaza in passing, as if it were a marginal file" As he says.

The expert in international law warned that the procedures in the International Court have not ended and the decision issued is the beginning. This means that Israel is facing a different and new phase with everything related to the procedures and dealings with the Palestinians and military operations in the West Bank or in the event of continued fighting in the Gaza Strip.

Israeli loss

According to the decision and observations of the International Court of Justice, lawyer Baumbach said, speaking to Israeli Channel 12, “Israel will be required, if the fighting continues, to submit a monthly report to the court regarding the measures it has taken to prevent genocide in the Gaza Strip, avoid targeting civilians, as well as allow the entry of all humanitarian relief shipments.” If it does not comply, it is not unlikely that precautionary decisions will be issued against it.”

Baumbach stressed that Israel has lost international legal and judicial forums, so that it must prove that it is not committing any war crimes, and that its military measures in the Gaza Strip do not violate international law, and stigmatizing Israel on suspicion of genocide will accompany it for a long time, and put it before tests in light of the continuation of the war. 

The international expert pointed out that from the beginning it was clear that the International Supreme Court would not issue a decision obligating Israel to stop the war, but accepting South Africa’s lawsuit and rejecting the Israeli request to dismiss the lawsuit establishes a new phase in everything related to future legal and judicial dealings at the international level with Israel and its political and military leadership. .

Dangerous indicator

In an attempt not to provoke the International Court of Justice and not to implicate Israel in more files, cases and lawsuits, the office of Israeli Prime Minister Benjamin Netanyahu issued instructions to ministers not to respond or comment on the decision of the Hague Court.

Netanyahu's instructions come out of fear that these statements will be used in any future deliberations or procedures that the court may announce regarding everything related to the war on Gaza or the Israeli-Palestinian conflict, according to what the political affairs correspondent for the Israeli Channel 13, Moria Volberg, reported.

The correspondent does not rule out that the Hague Court’s decision will have repercussions on Israel in international forums, at various levels and fields, whether military cooperation, arms deals, academic cooperation and scientific research, and commercial and economic cooperation. She said, "Experience proves that many countries and institutions around the world refrain from dealing with any entity, even if it is accused of genocide."

She pointed out that the International Court’s adoption of quotes by Israeli leaders during the course of the war related to genocide is a dangerous indicator, and this will be documented by history and will have negative repercussions, even personally, on political and military leaders who may find themselves facing lawsuits at the International Criminal Court in the future.

Observer's Eye

On the legal side, the judicial affairs correspondent for the Walla website, Benny Ashkenazi, believes that although the court’s decision does not oblige Israel to stop the war, it does place the Israeli army under the scrutiny of the law and international forums, which will not hesitate in the future to take judicial measures against Israel in case it violates international law.

Ashkenazi explained that there are those in Israel who are trying to mitigate the severity and repercussions of the decision in the future, and he expresses “happiness” that the court did not issue an order obligating Israel to stop the war, or to make more severe decisions against the Israeli army, and this promotion may be based on personal considerations and political motives.

But regardless of this fact, the Israeli journalist says, “There is something to worry about. The court is monitoring Israel, obliging it to provide humanitarian aid to Gaza, act against incitement to genocide, punish the instigators, and submit a report to the court on all measures taken by Israel within a month from today.” ".

Source: Al Jazeera