The Hague examines complaint against Israel
The hearings before the International Court of Justice in The Hague on the accusation that Israel is committing genocide against the Palestinians in the war against the Islamist organisation Hamas in the Gaza Strip begin today. South Africa brought the complaint and has asked the court to act urgently to bring the Israeli military operations to an immediate halt. Commentators discuss the case.
First comes the ruling on jurisdiction
Adevărul explains the procedure:
“Experts in international law say the judges’ task at this point is not to determine whether or not genocide is taking place in Gaza, but whether acts are taking place there that irreparably violate the rights guaranteed by the Genocide Convention. At this stage, the justices can therefore first determine whether it is appropriate for the measures requested by South Africa to be imposed, or whether they have no jurisdiction to hear the case. Only then can the substantive proceedings begin, and with them the evidence-based examination of the allegation of Israeli genocide crimes in Gaza.”
Accused in a dilemma
Israel faces above all great damage to its reputation, De Volkskrant comments:
“The country’s isolation will worsen. If it ignores the judges’ ruling, Israel will confirm the accusation that has already been levelled at it: that it flaunts international law. ... But the fact that Israel has decided to participate in the hearings will make it more difficult for it to brush aside a decision by the judges as irrelevant. Moreover, if the court decides to proceed to trial, the accusation of genocide — and the possibility of a conviction — will hang over Israel like a dark cloud for years to come. In the sense of: guilty until proven otherwise.”
Guarantor of the rule of law comes into play
Israel is sending former Supreme Court judge Aharon Barak, an 87-year-old Holocaust survivor, to the hearing before the International Court of Justice. A clever move, De Telegraaf comments:
“Barak enjoys a high standing in the legal world and can be considered unbiased, precisely because he was put forward by Prime Minister Benjamin Netanyahu. The latter’s government took massive action against Barak last year. The controversial reforms were aimed at dismantling the legal framework that Barak had established as chief justice. ... The Israeli government believes that judges have too much power in their own country, but it is precisely the strong independent judiciary that has regularly prevented international courts from dealing with the situation in Israel and the Palestinian territories in the past.”
