ICJ ‘prohibition of Israeli genocide’ is ‘enforced’ by domestic law due to superiority of international law

ICJ ‘prohibition of Israeli genocide’ is ‘enforced’ by domestic law due to superiority of international law

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The International Court ruled that “Israel is prohibited from committing genocide” in accordance with the “Genocide Convention,” an international law, as a measure to deal with the Israeli genocide in World War II, and confirmed the supremacy of international law by rejecting Israel’s request to dismiss “applying domestic law.”

When South Africa first brought the case to the International Court of Justice (ICJ), the Israeli Netanyahu government dismissed the case on the basis of the principle of supremacy of domestic law, saying, “Genocide is a very serious crime and all states must follow the legal principle that they have a duty to prevent it.” An attempt was made to do so, but the international court ruled that international law prevails.

The International Court of Justice ruling called for a review of the denial of Palestinian rights in a war that has caused serious humanitarian harm and ordered Israel to stop committing acts of genocide against Palestinians and do more to help civilians.

In her ruling on the 26th, ICJ President Judge Joan Donoghue described the plight of Palestinians in the Gaza Strip, pointed out the damage suffered by children, and quoted UN officials in detail about the humanitarian emergency.

The six bills in the ruling were passed with a majority of 15 to 2 and 16 to 1, and even the Israeli court representative joined the majority on two bills, and only the Angora representative opposed all six bills against the government's will. I became the only voter.

Speaker Donoghue, an American judge, In reading the decision, he explained the court's decision to take emergency measures to prevent irreversible damage and warned against a harsh campaign by Israeli officials. “The ruling justifies the Israeli court order to punish those found guilty of sedition,” he said, pressuring Israel to “speed up the punishment of those punished under Israeli domestic law.”

The ruling called on Israel to prevent "popular incitement to commit genocide" and directly addressed a series of inflammatory statements by Israeli leaders, saying, "Israel must demonstrate to the court within one month the steps it is taking to meet these demands." The order was clearly stated: “Report to.”

Reuters said, “The ruling was brought under the Genocide Convention, which was enacted in the ashes of the World War II Holocaust that targeted Europe’s Jews, and sought a binding order for Palestinians to stop fighting in the Gaza Strip. “The request was denied, but it was a ‘legal setback’ for Israel’s request for dismissal.”

The New York Times said, “This is the first preliminary ruling in a ‘temporary injunction’ in a genocide case filed by South Africa against Israel, and a victory in the application for ‘provisional measures.’ “I ordered that we take precautions to prevent this from happening,” he said on the 27th.

The ICJ judges ordered Israel to do everything it can to prevent mass killings by its forces, punish sedition, take steps to improve the humanitarian situation and report on its progress within a month.

The international court ruling has not ruled on the validity of the genocide charges, which could take years.

This ruling by the international court cannot be appealed, and there is no enforcement mechanism for the court to enforce the ruling.

The Palestinian Foreign Ministry commented on the ruling: “It is a welcome reminder that no state is above the law.”

“It will contribute to isolating Gaza and exposing Hamas’ crimes in Gaza,” Sami Abu Zuhri, a senior Hamas official, told Reuters.

Israeli Prime Minister Netanyahu said he welcomed the ICJ's decision not to order a ceasefire, calling claims of genocide "absurd" and adding "Israel will continue to defend itself."

South Africa's representative in Pretoria accused Israel of committing state-sponsored genocide in the offensive that began after Hamas militants attacked Israel, killing 1,200 people and abducting more than 240.

Palestinian officials have asked an international court to approve emergency measures to stop the fighting, saying more than three months of intensive bombing has killed more than 26,000 Palestinians and displaced the majority of the population.

“Decisions like this can still have an impact by changing the political calculations of the countries and allies involved,” said Professor Kate Cronin-Furman of University College London, a leading researcher on mass atrocities. “The order may not do much to change the incentives of nations to engage in military operations that their leaders deem essential to protect national security, but it may force allied governments to think again about their support.” The change was revealed to NYT.

Michael A. Becker, professor of law at Trinity College Dublin, said the court "rejected Israel's argument that it was already taking steps to alleviate the humanitarian crisis and address cases of alleged incitement to genocide," adding, "Weakening Israel's position." told the NYT.

“It’s not a good conclusion that South Africa’s claims are plausible,” Yuval Shany, an international law expert at the Israel Democracy Institute (IDI), told the AP. “But it’s something Israel can live with.”

“The impact of this ruling on the battlefield is minimal,” said Barak Medina, a human rights expert at Hebrew University Law School in Israel. “The side cannot expect major changes on the ground,” he told the AP.

AP said, “Both sides tried to claim victory through the ruling by capturing various elements supporting their position,” and “Israel congratulated the court on rejecting the cease-fire request and expressed support for Israel’s right to self-defense, while Israel in the Gaza Strip “Harsh criticism of the campaign could further damage Israel’s image in the court of public opinion,” he said on the 27th.

NBC News reported on the 28th that, following instructions from the White House, the Department of Defense is reviewing whether Israel has requested weapons that can be used as leverage. “Among the weapons that the United States has discussed using as leverage include 155mm artillery shells and the Joint Direct Attack Munition (JDAM).” It was reported.

On the 26th, when the ruling was announced, President Joe Biden initiated a visit by the CIA director to the Middle East and telephone talks with Egyptian and Qatari officials to negotiate a deal to release more hostages held by Hamas.

NSC spokesman John Kirby said that President Biden spoke on the phone with Egyptian President Abdel Fattah el-Sisi and Qatari Emir Sheikh Tamim bin Hamad Al Thani.

CIA Director Bill Burns is scheduled to meet in Europe with Israel's Mossad intelligence chief David Barnea, Qatari Prime Minister Mohammed bin Abdulrahman Al Thani, and Egyptian intelligence chief Abbas Kamel, the Associated Press reported.

Regarding Director Burns' weekend visit, the AP said, "It took place after Senior White House Special Envoy Brett McGurk visited the Middle East this week to seek the release of hostages remaining in the Gaza Strip." “We are preparing the foundation for our fifth trip to the Middle East next week (after the 29th) since the start of the Israel-Hamas war in January,” the report said.
This confirmed the double-edged operation of the external negotiations of the ‘White House special envoy-CIA-State Department’ process and the pressure tactic of ‘White House-Department of Defense arms support control’.