PALESTINE
Mon 19 Aug 2024 8:25 am - Jerusalem Time
In the test of the values of truth and justice in international institutions... no one passed!
Dr. Dalal Erekat: International institutions, including the International Court of Justice and the International Criminal Court, have failed humanity in Gaza
Adnan Al-Sabah: What is happening is not only a failure of international and legal institutions, but also a failure of the world’s will and morals.
Firas Yaghi: Taking a binding decision on Israel requires that it be done in accordance with Chapter VII of the United Nations Charter
Dr. Omar Rahhal: The settlement agreements concluded by the organization must be reviewed and the keys of power must be handed over to the United Nations
Dr. Abdul Wahab Al-Qassab: America's position in support of the occupying state does not negate the legitimacy of the decisions of the "International Justice"
Dr. Taghreed Awda: Commitment to legal and human rights paths is the best way to preserve and protect human dignity
Dr. Munir Nusseibeh: There is no political action that responds to the decisions of international courts to impose sanctions on the occupation
As the war of extermination on the Gaza Strip continues, challenges are increasing for international bodies, including human rights organizations and the International Court of Justice and the International Criminal Court, due to their failure so far to stop the war of extermination waged by the Israeli occupation state on the Gaza Strip.
In separate interviews with Al-Quds and Al-Quds.com, writers, political analysts and specialists believe that the problem does not lie in these institutions themselves, but rather in American hegemony and the veto power with which the United States obstructs any efforts to stop the war, which allows Israel to continue its aggressive policies without accountability.
According to writers, analysts and specialists, the failure to implement the decisions issued by these bodies is due to the absence of real international will, which makes them unable to impose sanctions or take the necessary measures against Israel.
They believe that these bodies need radical reforms and the activation of their legal mechanisms to achieve justice and protect human rights in the Palestinian territories.
They stressed the need for Palestinian unity and the activation of international diplomacy to isolate Israel and expose its violations on the global level, while emphasizing the importance of continuing popular pressure, especially on the international level, to pressure their governments to stop the war on Gaza.
The war of extermination revealed the failure of international bodies
Dr. Dalal Erekat, Professor of Diplomacy and Conflict Resolution at the Arab American University, believes that the crime of genocide in the Gaza Strip revealed the failure of international bodies, including human rights and humanitarian organizations, the International Court of Justice, and the International Criminal Court, which are legal tools in dealing with human rights issues and wars.
Erekat considered that these institutions have failed humanity in Gaza, as they were unable to achieve justice due to the dominance of some major countries that hinder decision-making through internal procedures such as voting and veto power.
She explained that international courts and bodies have issued many important and binding decisions, but the veto power enjoyed by some countries, especially the United States, has prevented the implementation of these decisions. She said that the system of mechanisms of these international bodies and institutions needs radical reforms and a restructuring of the internal systems of these institutions, to ensure the achievement of justice, security and international peace for all their members, including Palestine, in accordance with the charter establishing these institutions and bodies.
US support gives the occupying state legal immunity
Erekat pointed to the role played by the United States in providing military, political and legal cover for Israel, which grants it legal immunity that prevents it from being held accountable for the crime of genocide in Gaza, stressing that this immunity makes it difficult to confront the United States or prevent Israel from continuing its aggression.
Regarding the options available to stop the war, Erekat stressed the importance of stopping the arming of Israel, especially by countries that support Palestine, and implementing their positions practically on the ground.
Erekat expressed her regret that international courts and bodies had transformed the legal, political and human rights file in the Gaza Strip into a humanitarian file, stressing that this transformation constitutes a major dilemma.
Despite the importance of the humanitarian dimension, Erekat believes that Israel, as an occupying state, is obligated, according to international agreements, to provide the necessities for the population, and that transforming the issue from a human rights file to a humanitarian relief file represents a failure to achieve justice.
Regarding the required Palestinian and Arab positions, Erekat said: There were no positions that rose to the level of the event and the crime, noting that the world is witnessing a crime of genocide that requires real actions and positions.
She pointed out that relations between some Arab countries and Israel have not witnessed any significant change, except for verbal denunciations and condemnations, which reinforces the continuation of Israeli aggression in light of its enjoyment of immunity and impunity.
Any law that is not protected by values and morals is doomed to fail.
For his part, writer and political analyst Adnan Al-Sabah said that the real failure does not lie in the international humanitarian and human rights institutions and bodies themselves, but in the international community, the international system, and human ethics in general.
Al-Sabah explained that these bodies and institutions are nothing but tools formed by international will and from within the international community itself, which means that failure is a failure of the will and morals of the world as a whole.
Al-Sabah stressed that the current international system no longer expresses the will of people and the human community, pointing out that those who founded these bodies no longer rely on them as an effective international system.
Al-Sabah stressed that any law that is not protected by values and morals is a law doomed to failure, pointing out that the law prevailing in these institutions and bodies is the law of the United States of America, which in his view reflects the "law of the jungle", where narrow interests prevail over the will of humanity and the morals of mankind, and the United States is only concerned with providing immunity and support for Israel.
Regarding the mechanisms for activating the role of these institutions and bodies, Al-Sabah stressed the need for a real will from the international community, but the United States of America is the one that controls this international will, calling for international pressure on the United States to activate these institutions and bodies in a fair manner.
Al-Sabah expressed his growing conviction that the United States no longer represents freedoms or a state of institutions, nor does it defend human rights, but rather focuses only on defending the occupying Israeli state.
The necessity of achieving Palestinian national unity
Regarding confronting the war of extermination in Palestine, Al-Sabah indicated that what is required is achieving Palestinian national unity. He wondered how the world, and even the Arabs and Muslims, can be asked to stand by the Palestinians, while the Palestinians themselves have not united their ranks and do not stand by each other.
Al-Sabah stressed that through national unity, Palestine will be able to have a single vision and voice that the entire world will hear, which will enable them to present their cause more effectively on the international stage.
The absence of international will has failed to stop the war of extermination
In turn, writer and political analyst Firas Yaghi said: International human rights organizations, courts and institutions have failed to stop the war of extermination on the Gaza Strip, which has been ongoing for more than ten months, pointing out that the main reason for this failure is the absence of real international will.
He pointed out that the recent opinion of the International Court of Justice on the legality of the Israeli occupation is considered an advisory opinion, which requires the Security Council to meet and adopt it to issue a binding resolution to stop the war on Gaza.
Yaghi believes that this advisory opinion addresses the issue of the occupation of the Gaza Strip and the West Bank, including East Jerusalem, and is an opinion that requires the Security Council to take the necessary measures to end this occupation.
Yaghi stressed that taking a binding decision on Israel requires that it be done in accordance with Chapter VII of the United Nations Charter, otherwise the decision will have no effect on Israel.
Yaghi cited hundreds of resolutions issued by the United Nations General Assembly and the Security Council that Israel has not adhered to.
Broad powers to act in the event of a threat to international peace and security
Yaghi explained that Chapter VII of the United Nations Charter relates to “actions to be taken with respect to threats to the peace, breaches of the peace, and acts of aggression.” This chapter grants the Security Council broad powers to act in the event of a threat to international peace and security, which gives the Council significant powers to take coercive measures, including the use of military force, in cases that threaten international peace and security.
Yaghi stressed that the real problem lies in the American position and the veto power that the United States uses to protect Israel, which gives it complete freedom to practice its policies in the West Bank and Gaza Strip.
Yaghi stressed that the actual role of international human rights bodies and organizations in stopping the war is dependent on a resolution issued by the Security Council based on Chapter VII of the United Nations Charter, to confront the American position that obstructs the implementation of resolutions against Israel.
Yaghi pointed out that humanitarian organizations, courts, and all international bodies need someone to activate them to achieve their goals.
Stopping the war depends on the "deal"
He pointed out that the options to stop the war on Gaza have become dependent on a deal that the United States is trying to reach through a temporary ceasefire in Gaza, not a permanent one.
He pointed to the possibility of escalation of the situation in the Middle East, which could lead to attempts to conclude deals that include the Gaza Strip, or the continuation of Israel's occupation of the Strip with a long war of attrition that would ultimately lead to a change in the Israeli landscape.
Yaghi stressed that the United States is striving to ensure that Israel is not defeated, which explains its keenness to keep Israeli pressure tools inside the Gaza Strip to achieve the goals of this war.
Regarding the required Palestinian position, Yaghi stressed the need for the Palestinian Authority to continue its diplomatic efforts to isolate Israel in the international arena.
Yaghi explained that continuing to go to international courts, the Security Council and international organizations to expose Israeli violations in Gaza and the West Bank is necessary.
The role of the Palestinian Authority and Arab countries
He pointed out that future scenarios regarding what international organizations and bodies will do must be linked to the decision of the International Court of Justice on genocide and ethnic cleansing, which was submitted by South Africa and joined by Turkey and some countries, as well as being based on the issue of the International Criminal Court and the ongoing investigations into the issuance of arrest warrants against Netanyahu and Galant.
Yaghi explained that what is required of the Palestinian Authority and the Arab countries is to work to activate the role of international organizations to pressure Israel and isolate it on the international level, through Palestinian, Arab and international movement.
Yaghi called for a genuine Arab and Palestinian will to confront these policies, by forming a joint committee to pursue Israel in all international institutions and bodies.
In contrast, Yaghi pointed out that Israel is facing increasing international isolation, citing the practices of Ben Gvir and Smotrich in the West Bank, which seek to create chaos in the Palestinian territories, in exchange for increasing its isolation at the international level.
The problem is not with international or legal institutions.
As for Dr. Omar Rahhal, Professor of Political Science and Director of the Shams Center for Human Rights, he said that international organizations and human rights institutions are unable to stop the war in light of the American hegemony that hinders the work of these institutions and makes them fail.
According to Rahhal, the problem is not with international or legal institutions, but rather lies in the political roots of the control over them, and the United Nations and its institutions lack an effective mechanism to implement their decisions without the support of major countries.
He explained that the American veto in international organizations has thwarted the effectiveness of international organizations and bodies, in addition to the unlimited American support for Israel, which hinders the ability of these bodies to implement their decisions as long as the United States continues with its current position.
Regarding the possible options to stop the war, Rahhal explained that the steadfastness of the citizens and the resistance in Gaza represent the main factor in stopping the aggression, and there is importance in the presence of a popular movement in the countries supporting Palestine to pressure their governments to increase pressure on the Israeli occupation.
Clear plans for relief and reconstruction
"Everyone is talking about stopping the war, but it is important to have clear plans after the war that include providing relief to citizens and rebuilding the sector," Rahhal said.
Rahhal explained that after the war stops, there is a need for immediate action to provide humanitarian aid, including relief for those affected, providing medical aid, evacuating the wounded to other countries, then restoring hospitals, sheltering the displaced, in addition to dismantling the remnants of the occupation army, removing the planted bombs, removing the rubble, and finally starting the reconstruction of the Gaza Strip.
A more effective Arab and Islamic position
On the other hand, Rahhal criticized the Arab and Islamic silence, calling for a more effective Arab and Islamic stance and official pressure on the United States and Israel, focusing on the language of interests, and seeking support for international positions supporting Palestine, stressing that the absence of a strong Arab stance allowed Israel to escalate its aggression, which further complicates the situation.
Rahhal suggested reconsidering the settlement agreements concluded by the Palestine Liberation Organization, especially with the approach of the thirty-first anniversary of the signing of the Oslo Accords, especially since the occupying state turns its back on international legitimacy agreements and the agreements signed with the organization, and therefore the world must assume its responsibilities towards Israeli arrogance.
He also suggested that the PLO hand over the keys of the Palestinian Authority to the United Nations to assume responsibility for managing the affairs of the 13 million Palestinians in the world, while striving to achieve Palestinian national unity on the basis of political partnership and holding a national rescue conference that would produce a political program that would exclude no one.
Binding of decisions of the International Court of Justice and the International Criminal Court
Dr. Abdul Wahab Al-Qassab from Iraq, a visiting fellow at the Arab Center in Washington and a founding member of the Global Institute for Arab Renewal, told “I”: “First, we must understand the nature, tasks, and binding nature of the decisions of both the International Court of Justice and the International Criminal Court, as each has its own controls. The International Court of Justice is competent to resolve disputes between states, with regard to their international relations, and its decisions are the basis of international law, and are not binding unless the parties agree to them.”
He added: "However, it is taken as a presumption against the party that transgresses against it, since this transgression is considered a transgression against international law, and this is exactly the case of the recent decisions of the International Court of Justice, regarding the war on the Palestinian people in Gaza and its transgressions as an occupying power against the lands and rights of the Palestinian people in the West Bank.
He continued: These two decisions were widely welcomed by the international community, but were not approved by the occupying state and its Prime Minister Netanyahu, who is wanted by the International Criminal Court, nor were they welcomed by the United States of America, although it was one of the first countries.
Netanyahu is no longer free to travel
Al-Qassab explained that neither the United States nor the occupying state are signatories to the Charter of the International Criminal Court, but despite all of this, Netanyahu is no longer free to travel and land at the airports of any of the countries that have signed the Charter of this organization, because he may be subject to arrest. This is supported by the legal status of Russian President Vladimir Putin, who is also no longer free to travel wherever he pleases, and may be subject to arrest if he lands in Paris, London or New York, as is the case with Netanyahu if his plane lands in Algeria, for example.
He stressed that the United States' position in support of the occupying state does not negate the legitimacy of the decisions issued by the International Court of Justice, which are decisions that give the Palestinian people a strong legal and legitimate tool to use, and we can trust that the United States cannot stand in the face of justice indefinitely in defense of the occupying state.
Wide support for Palestine
He said: If we consider the available scenarios in light of the support that the Palestinian people's cause received after South Africa filed its lawsuit against Israel before the International Court of Justice, and other countries joined it, including Nicaragua, Colombia and Libya, while other countries announced their intention to join, such as the Comoros, Egypt and Turkey, and two European countries, Belgium and Ireland, announced their intention to join in favor of Palestine. In the face of all this support, only Germany came forward to defend Israel, and despite all the efforts of this country, along with the United States, the resolution was issued unanimously demanding that Israel end its occupation of Palestine and ensure that it does not commit acts that would lead to genocide in Gaza.
Al-Qassab believed that perhaps one of the most important repercussions of these decisions is the increasing recognition of the State of Palestine. Spain has taken the lead as the first Western European country to recognize the State of Palestine, and other Western European countries will follow suit, expressing their intention to recognize the State of Palestine. He pointed out that this succession of recognitions will put pressure on the occupying state and put it in the circle of accusation, as an occupying state.
Al-Qassab explained that the decisions of the two high courts created new circumstances that motivated the PLO, as the sole legitimate representative of the Palestinian people, to demand independence and an end to the occupation.
Why is the United Nations helpless?
Dr. Taghreed Odeh, a writer and political analyst from Jordan, told Al-Quds and Al-Quds.com: “In light of the ongoing war in the Gaza Strip, the worsening humanitarian situation, and the increase in genocide crimes, and after the legal path faltered in light of the International Court of Justice’s inability to move forward to impose measures to stop the war, one stands perplexed, wondering about the reasons for the United Nations’ inability and inability to take measures to protect human rights and stop crimes against humanity.”
She added: In light of the above, it is necessary to consider possible paths to confront the Israeli war machine and hold the occupying state accountable for its crimes against the civilian population in the occupied Palestinian territories.
Awda continued: “It is undeniable that one feels completely helpless in light of the international inability to come up with any means to stop the occupation from exterminating the Palestinian people, but this does not negate the fact that commitment to legal and human rights paths is the best way to preserve and protect human dignity, and despite all the Israeli encroachment on all international laws and systems, it is impossible to do anything but cling to everything that is legal.”
3 possible scenarios
In the context of possible scenarios, Awda said that in light of the continuation of the war and the bleakness of the political horizon, three main scenarios can be pointed out. The first is the scenario of the continuation of the war on the Gaza Strip, which the Israeli occupation has indicated through its military and political leaders continuously in their statements to the media. The second is the expansion of the war regionally, especially after the Israeli occupation assassinated prominent leaders from Hezbollah and Hamas. The third is the scenario of a political settlement.
She continued: "Although the three scenarios are possible to happen at different rates, the last scenario is the most likely, in light of the recent developments on the scene and in light of the recent American efforts to reach a ceasefire.
Assessing the legality of Israeli actions
“The International Court of Justice and international law in general have assessed the legality of Israeli actions, including genocide, war crimes, and crimes against humanity that are being committed these days in Palestine, but the problem lies in the lack of a political way to address these major violations,” Dr. Munir Nusseibeh, a professor of law at Al-Quds University, told Al-Quds and Al-Quds.com.
He added: "After everything issued by the International Court of Justice, and also the requests in the International Criminal Court to arrest and try Netanyahu and Defense Minister Galant, these important legal steps that have taken place must be accompanied by political action in international forums such as the United Nations General Assembly and the Security Council.
He continued: "Until now, there is no real initiative to impose sanctions on the Israeli occupation, which is the political action required at this moment in compliance with the decisions issued by the courts."
"What we need today is political action that responds to court decisions, and this falls on the Arab countries to punish and boycott the Israeli occupation, then the countries of the Organization of Islamic Cooperation, then the African Union. After that, we expect to see a change in international forums, and the West will be the last to join these sanctions," Nusseibeh stressed.
"This is what I believe will happen one day, but until this moment, since the decisions were not accompanied by sanctions, they will be empty of their content," he explained.
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In the test of the values of truth and justice in international institutions... no one passed!