February 23 2025
2:23 AMNewsletterSubscribeSign inMy AccountSign out
ICJ decision looms: Will South Africa win its genocide case against Israel?
The first lawyer to win an ICJ case based on the Genocide Convention in 1993 calls South Africa's case historical déjà vu, with grave consequences for Israel.
Sarah Shabbar, Jordan News
last updated:
Jan 26,2024
(File photo: International Court of Justice)
+
-
“Israel
lied through their teeth," declared Francis Boyle when asked about
Israel’s defense in South Africa’s genocide case against the occupation on
January 12. Filed on December 29, nearly two months after the war commenced,
Israel’s self-defense proclamation, which initially gained a lot of support from
its allies, was put on display at the International Court of Justice (ICJ),
with over 25,000 civilians in Gaza killed since October 7 and over 60,000
injured.اضافة اعلان
Boyle,
a seasoned international human rights lawyer with a track record at the ICJ
having secured protection for Bosnia and Herzegovina against Yugoslavia under the Genocide Convention in 1993, is now closely following South Africa's case
against Israel, seeing history repeat itself. It should be noted that he was
the first lawyer to ever win anything from the ICJ based on the Genocide
Convention in 1993.
Significant consequences for Israel The
imminent interim ruling on Gaza’s future, set for 3 p.m. local time Friday,
holds significant consequences for Israel. If ruled in South Africa’s favor, it
could provide much relief on the international stage and lead to the
characterization of the war as a genocide, a term already used by many around
the world. While Boyle anticipates a victory for South Africa, the day-after
scenarios, including what happens if it does not win, also come into question.
Boyle envisions potential orders for a Gaza ceasefire and increased
humanitarian aid if the ruling favors South Africa.
Israel’s longstanding pattern of lies In an interview with Jordan News, Boyle, an ardent supporter of
Palestine, has observed Israel’s defense play out before. As he took out his
notes, he went through its hearing point by point, emphasizing that Israel is
meticulous in its lies, pointing to a longstanding pattern and a secure
relationship with its allies with unabated support. US President Joe Biden has
stated since October 7 that “Israel has the right to defend itself.”
“Since 2009, the ICC has not lifted one finger to help the Palestinians. Not one… after Operation Cast Lead, and indeed if they had started indicting Israeli officials in 2009 for war crimes, crimes against humanity, and genocide, perhaps all of this could have been avoided."
However,
as the war continued with tens of thousands of civilian casualties, the US’s
role took on with its counterpart a good cop, bad cop routine, to show its
disapproval, one that Boyle contends is “just a façade; they are in cahoots
with one another.” He asserts, "They all lie all the time about the facts
and the law; it is that simple.”
A second Nakba on Palestinians He
contends that “the Zionists are inflicting a second Nakba on the Palestinians,
that is clearly what is going on here, not only are they going to try to
ethnically cleanse the people of Gaza into Sinai desert, but if they get away
with that, they are going to try to ethnically cleanse the Palestinians living
on the West Bank into Jordan.”
While the world anxiously awaits the interim hearing, Boyle said, Israel has
already lost much of online global public opinion. The events of October 7 are
being put up against the 75-plus-year occupation, and Israel’s defense is
coming under scrutiny. If it is doing everything it can to protect civilian
casualties and "eliminate Hamas," then why are over 70 percent of
those killed in Gaza since October 7 women and children?
“The death and destruction and the genocide being inflicted on the Palestinians are on social media,” Boyle
said, adding that “If the order comes down, in favor of the Republic of South
Africa, it could have very serious consequences for Israel.” He highlighted
that right now, as this is being written, “major players,” who are trying to
protect Israel.
However, as the
war continues into its fourth month, another reality comes into play: Could all
of this have been avoided? Boyle says yes. Referring to Israel’s war on Gaza in
2008, called "Operation Cast Lead" by the occupation and "Battle
Al-Furqan" by Hamas, which resulted in over 1,400 Palestinians killed,
100,000 displaced, and 46,000 homes destroyed, he advised Palestinian President
Mahmoud Abbas to accept the jurisdiction of the International Criminal Court (ICC), which is different from the ICJ as it prosecutes individuals rather than
countries.
“Perhaps all of this could have been avoided” “Since 2009,
the ICC has not lifted one finger to help the Palestinians. Not one… after
Operation Cast Lead, and indeed if they had started indicting Israeli officials
in 2009 for war crimes, crimes against humanity, and genocide, perhaps all of
this could have been avoided."
Currently, Mexico and Chile have urged the ICC to investigate possible war
crimes in Gaza since October 7, according to the Middle East Monitor. They
invoked Articles 13(a) and 14 of the ICC’s Statute as the foundation for the
referral. These articles allow a state party to bring attention to a situation
where it appears that one or more crimes falling within the Court’s
jurisdiction have occurred, urging the Prosecutor to investigate and assess
whether individuals should be charged for such offenses. The ICC has also
opened a portal where people, even those not in Gaza, can submit evidence to
the court. This initiative follows a complaint filed by 100 Chilean lawyers
before the ICC against Israeli Prime Minister Benjamin Netanyahu. They accuse
him of committing crimes against humanity, genocide, and war crimes in Gaza.
However, if justice is actually on the
horizon from the ICC, Boyle is hesitant, adding that Operation Cast Lead in
2008 and the case not going forward in 2009 prove that the ICC has “Palestinian
blood on their hands.”
What if South Africa does not win? Now, all eyes are on the ICJ. I asked Boyle,
who is optimistic about South Africa winning its case, to consider the 'what
if' scenario – what if South Africa does not win, what happens next?
He explained: If the order comes down against
Israel, it will be transmitted to the Security Council for enforcement.
Considering the likely American veto, the next step would be taking it to the
UN General Assembly (UNGA), under the terms of the Uniting for Peace
resolution.
In the UNGA, serious consequences for Israel
could be adopted. First, they might suspend Israel from participating in
General Assembly activities, similar to what happened to the criminal apartheid
regime in South Africa. Boyle asserts that Israel is an apartheid state,
drawing parallels to his adversary, the genocidal Yugoslavia.
Secondly, the UNGA can establish an
International Criminal Tribunal for Israel under Article 22 of the UN Charter.
Economic sanctions against Israel could be recommended, and Palestine could be
admitted as a full-fledged UN member state, given the existing votes. Boyle
emphasizes the historical fact that no UN member state has ever been destroyed,
although some, like Yugoslavia, have collapsed.
Boyle raises concerns about Israel's
intentions to destroy Palestine and the Palestinians, citing Netanyahu's
admission. He believes that gaining UN membership will make it more challenging
for the US to support destructive actions against Palestine, drawing on his
past efforts to prevent the collapse of Bosnia as a UN member state. He added
that despite facing problems, Bosnia remains a UN member state today.
A waiting game For now, it is a waiting game. When asked
what comes next, Boyle said, “We will just have to see.”