PALESTINE
Sun 21 Jul 2024 8:10 am - Jerusalem Time
"International Justice" is a political fatwa that dispels the illusions of Talmudic fatwas
Dr.. Raed Abu Badawiya: Diplomatic action is necessary for the actual translation of the fatwa
Nour Odeh: The fatwa has become a legal document and part of international law and cannot be bypassed
Suleiman Bisharat: It restores the correct definition of the Palestinian issue as a land and a people under occupation
Magda Al-Masry: The fatwa exposed the Israeli occupation to the world and embarrassed its allies and supporters
Hani Abu Al-Sabaa: The authority must invest it and take it to the Security Council to request international protection
Imad Moussa: What is required is a comprehensive national dialogue and agreement on a political program before international organizations
The advisory opinion of the International Court of Justice, which deemed “the Israeli occupation in the Palestinian territories illegal,” reveals the existence of an international awakening towards the Palestinian issue, in the context of an important stage that places the world before its responsibilities, to hold Israel accountable for its crimes against the Palestinian people. This fatwa came after the court’s assessment of the judicial repercussions of Israeli practices in the occupied territories, including East Jerusalem, where it indicated that there are Israeli intentions to permanently control the West Bank and annex those lands, which makes the occupation illegal.
In turn, international law experts, political leaders, writers, and political analysts confirmed in separate conversations with Al-Quds.com that this fatwa returns the Palestinian issue to the top of the international agenda, and allows the Palestinians to try Israel for its crimes before international courts.
They called for investing in the fatwa to strengthen the diplomatic movement on the international scene, stressing the importance of unifying the Palestinian ranks, and working to form international alliances to support the fatwa and activate it on the ground.
Analysts, politicians, and experts believe that the fatwa represents an additional asset to the Palestinian cause, and strengthens the international community’s attempts to hold Israel accountable for its violations. However, they stressed that Palestinian national unity has become more important now to face the upcoming challenges and achieve national reconciliation to advance the Palestinian cause with a unified international movement.
Intentions to permanently control the West Bank, including Jerusalem
Professor of International Law and International Relations at the Arab American University, Dr. Raed Abu Badawiyeh said that the recent fatwa of the International Court is very important, as international law regulates the state of occupation as a military necessity during war, based on military considerations, needs and necessity, and imposes measures on the occupying state towards the peoples under occupation.
Abu Badawiya explained that international humanitarian law regulated the state of occupation as a short-term military necessity, but it did not address long-term occupation.
He pointed out that the United Nations General Assembly addressed the legal status of the occupation and international obligations towards it, and requested legal advice from the International Court of Justice, which evaluated most of the Israeli behavior in the West Bank, including East Jerusalem, and the court confirmed that there are intentions to permanently control the West Bank and annex it. Those lands, and therefore the Israeli occupation is illegal.
Ending the occupation and compensating those affected
Abu Badawiyeh stressed that there are implications for the decision, as Israel must immediately end the occupation and evacuate the Palestinian lands of their settlers, in addition to committing to compensate those affected by Israeli policies in the West Bank.
Abu Badawiyeh stressed that the international community must take the necessary measures to end the occupation, calling for a diplomatic movement led by Palestine or any Arab or friendly country in order to effectively translate the advisory opinion issued by the International Court of Justice.
Asking members to end its relations with Israel
Abu Badawiyya pointed out that the United Nations General Assembly can ask member states to end their relations with the Israeli occupation state in all its forms, and whoever refuses to do so will be subject to international judicial responsibility.
He said that the decision can be used as a tool to promote the Palestinian cause in all international forums, and will affect the decisions of the International Criminal Court.
Abu Badawiyeh points out that Israel may not abide by the resolution, but it is aware of its danger to it and its international isolation, especially in its activities in the occupied Palestinian territories.
Abu Badawiyya expressed his hope that countries would adhere to the resolution and play an active role in ending the occupation and all its consequences, stressing that the court’s advisory opinion opens the way for international institutions to make decisive decisions regarding ending the Israeli occupation of the Palestinian territories occupied since 1967.
The beginning of the road, not the end
For her part, writer and political analyst Nour Odeh confirmed that the advisory opinion of the International Court of Justice issued on Friday, which deemed the Israeli occupation illegal, is the beginning of the road, not the end, and requires several steps.
Odeh explained that the resolution now needs to be referred to the United Nations General Assembly for adoption, and then countries must adhere to the fatwa.
She added: This decision requires bilateral work and communication with countries, which opens the way for several measures, such as stopping arms trade and stopping commercial dealings with companies operating in the settlements.
Odeh stressed that the fatwa has become a legal document and part of international law, and cannot be bypassed in international or local courts in countries that rely on international law. The fatwa also addresses all issues related to the Palestinian reality, which makes the occupation costly commercially, security-wise and politically.
A decision that exceeded all expectations
Odeh pointed out that the court’s decision exceeded all expectations, but it requires an intense Palestinian effort to work with countries to translate the fatwa into a tangible reality, as the fatwa may pave the way for imposing sanctions on Israel, and perhaps expelling it from the United Nations General Assembly.
Odeh confirmed that there is increasing talk from countries and specialists about the possibility of Israel’s presence in the General Assembly or not, citing what happened in South Africa.
Returning the Palestinian issue to the corridors of international organizations
In turn, writer and political analyst Suleiman Bisharat stressed that the recent advisory opinion of the International Court of Justice is very important, as it restores the correct definition of the Palestinian issue as a land and a people under Israeli occupation.
Bisharat explained that Israel has tried since the Oslo Accords to remove the status of occupation from Palestine through mutual recognition between it and the PLO, even though this conflicts with international law.
Bisharat pointed out that the court’s fatwa returned the Palestinian issue to the corridors of international organizations, and abolished American exclusiveness in sponsoring the issue.
The possibility of prosecuting Israel
He said that the Palestinians can now prosecute Israel based on the advisory opinion of the court, which requires the mobilization of legal specialists to prepare trial files before international courts.
Regarding Israel’s reaction to the International Court of Justice’s advisory opinion, Bisharat stressed that Israel will continue its settlement operations and strengthen Israeli measures, because it is accustomed to impunity thanks to the United States’ protection for it.
However, Bisharat believes that in the future, Israel will face difficulty in marketing itself internationally, and will be exposed to great isolation, as many countries will find it difficult to deal with the occupying state in front of their people, given its description as an apartheid state and an occupying state.
A very important legal and political document
As for Magda Al-Masry, Deputy Secretary-General of the Democratic Front for the Liberation of Palestine, she considered that the advisory opinion of the International Court of Justice represents a very important legal and political document in this period that the Palestinian issue is going through.
She called for taking this fatwa seriously by uniting the Palestinian ranks to continue the struggle and the political and diplomatic struggle.
Al-Masry explained that the document added illegitimacy and legality to the Israeli occupation, which requires building on it in cooperation with international human rights institutions, to continue the struggle to isolate Israel and force it to submit to international law, noting that this battle must continue in cooperation with the allies of the Palestinian people.
Al-Masry stressed that the advisory opinion of the International Court of Justice scandalously exposed the occupation and the Zionist project to the world, and embarrassed its allies and supporters who must abide by international law and stop supporting Israel.
She stressed the need for the International Court of Justice and the International Criminal Court to continue working during the coming period, to impose sanctions and measures against Israel.
An unprecedented stage of solidarity with the Palestinian cause
In turn, writer and political analyst Hani Abu Al-Sabaa said: The advisory opinion of the International Court of Justice is an affirmation of the world’s rejection of the Israeli occupation state, and a response to its failure to comply with international law.
Abu Al-Sabaa pointed out that the fatwa confirms that the Palestinian narrative has begun to succeed and gain resonance in the world, which indicates an unprecedented stage of support for the Palestinian cause.
He explained that the fatwa represents an additional asset to the Palestinian cause in confronting the crimes of the occupation, stressing that the world has begun to put Israel on trial for its crimes, which is considered an awakening of the global conscience in the history of the Arab-Israeli conflict.
Reconciliation has become a necessity
Abu Al-Sabaa called on the Palestinian Authority to take advantage of the fatwa and take it to the United Nations General Assembly and the UN Security Council, to request international protection and implement previous international resolutions to deter Israel and prosecute it internationally.
Abu Al-Sabaa pointed to the interaction of the Palestinian factions with the fatwa, stressing the necessity of exploiting this opportunity to achieve national reconciliation and end the division, noting that Palestinian unity has become more important in this difficult period.
An unprecedented Israeli reaction
As for the writer and political analyst, Imad Moussa, he said: “The International Court of Justice’s advisory opinion reaffirms the importance of applying international law to the West Bank and the occupied territories and dismantling the settlements.”
Moussa pointed out that the Israeli reaction was violent and unprecedented, as Israel preempted it with decisions from the Knesset not to recognize a Palestinian state, then calls to impose sovereignty on the West Bank.
He pointed out that the fatwa is not binding, and must be followed by procedures in the United Nations General Assembly and the Security Council, with the possibility of an American veto being imposed on it in the Security Council.
Moussa called for investing the Palestinian position in strengthening national unity by holding a comprehensive national dialogue and agreeing on a unified political program, so that the Palestinians are united before international organizations.
Musa points out that the Palestinian legal and diplomatic team is strong, and we must move legally and politically towards the countries that have recognized or promised to recognize the State of Palestine, to form an international coalition to activate the fatwa, restrain Israel, and hold it accountable.
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"International Justice" is a political fatwa that dispels the illusions of Talmudic fatwas