Image Source: France24
Johannesburg – The recent advisory opinion by the International Court of Justice (ICJ), which declared Israel’s presence in occupied Palestinian territories, the establishment of illegal settlements in the West Bank and East Jerusalem, and its violations and treatment of the Palestinians unlawful, marked a significant turning point in global dynamics.
The court also determined that countries are obligated not to render any aid or assistance to Israel in occupied territories. Although the advisory opinion is non-binding, the gravity of the ruling places immense legal and moral pressure on the international community, including Israel’s allies, who are not only participants but also advocates of international law, to respond.
Political Analyst and Senior Researcher at the University of Johannesburg, Dr Oscar Van Heerden, emphasised that while countries might argue that the ruling’s non-binding nature exempts them from any actions against Israel, ignoring such a legal opinion could jeopardise the international order established post-World War II.
He argued that the failure of the Global North and Western nations to act would undermine their global standings and cause the Global South, who have been vocal in their support for the Palestinians, to reevaluate their positions.
“The truth of the matter is that the ICJ has stated that Israel is not playing by the rules; it has violated these [established international] laws and protocols. If the global North is not going to act against Israel, not aid and abet Israel, and not provide weapons, aid, and funding to Israel because it is committing war crimes and crimes against international law, then it means they will also have to take responsibility. The global South will have to evaluate whether they still want to be part of this global order that benefits the haves and not the have-nots.”
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Dr Van Heerden highlighted that the ICJ’s ruling, the ICC prosecutor’s request for arrest warrants for Israeli leadership, and the recognition of Palestine by several European nations signify a shift away from the historical guilt Europeans felt towards the Jewish people due to the crimes committed against them.
This guilt had long influenced international tolerance for Israel’s oppressive policies in occupied Palestine, their fatal and brutal actions against Palestinians, and their multiple violations of international and humanitarian law. For decades, Israel has acted with impunity and disregarded international law, while European leaders have ignored their crimes.
However, the genocide in Gaza and the criminal offences perpetrated against Palestinians in occupied territories have exposed the truth to the international community. As such, they can no longer ignore it.
“Because of that guilt, they effectively turned a blind eye to what the Jewish state, Israel, was doing to Palestinians in the occupied territories and so forth. But I think here and now, the highest court in the world has said this far and no further. International law cannot be violated in this blatant manner. Humanitarian law cannot be violated in this blatant manner. The disproportionate use of force is not okay.”
