Israel’s appearance at The Hague last Thursday to defend
itself against South Africa’s charge of committing genocide in the
Gaza Strip marked the most significant legal and diplomatic challenge facing the Jewish
state since its inception more than seven decades ago. In a public hearing,
South Africa’s legal team presented a solid legal document that outlined
Israel’s breach of the Genocide Convention in its three-month-old war on Gaza.
More importantly, the plaintiff debunked Israel’s claim that its actions in
Gaza were justified as self-defense in retaliation for the events of
October 7,
which South Africa had condemned. And finally, using the hateful rhetoric of
senior Israeli officials, South Africa proved intent.
اضافة اعلان
By the admission of international and several Israeli
experts,
Israel’s attempt to debunk the charges against it was weak and
unconvincing, considering the horrendous crimes its military had committed so
far in the beleaguered
Gaza Strip.
But Israel was not the only party on trial that day. Western
governments that had backed and justified Israeli actions with no regard to
documented breaches of international law were also present in the defendant’s
corner, at least in spirit. Israel could not have carried out its genocidal war
without the direct military and diplomatic backing of Washington, London,
Paris, Ottawa, Berlin, and the EU. These Western governments and bodies enabled
Israel, both politically and physically, to carry out one of the most atrocious
onslaughts on a civilian population since World War II.
But Israel was not the only party on trial that day. Western governments that had backed and justified Israeli actions with no regard to documented breaches of international law were also present in the defendant’s corner, at least in spirit. Israel could not have carried out its genocidal war without the direct military and diplomatic backing of Washington, London, Paris, Ottawa, Berlin, and the EU. These Western governments and bodies enabled Israel, both politically and physically, to carry out one of the most atrocious onslaughts on a civilian population since World War II.
Making things worse, these governments ignored the genocidal
statements uttered on an almost daily basis by Prime Minister Benyamin
Netanyahu and
top Israeli officials. They raced to deny charges that Israel was
deliberately targeting civilians, destroying hospitals, universities, schools,
mosques, and churches, and applying a scorched earth
policy in Gaza.
Washington and its allies rejected calls for a ceasefire,
knowing fully that Israel was committing
war crimes in Gaza, denying access to
aid, bombing hospitals, and killing thousands of women and children. Despite
the enormity of killings and scale of destruction, these governments shunned
away from criticizing, not to mention denouncing, Israeli atrocities.
Even when millions around the world saw videos of horrific
and unimaginable Israeli war crimes against hapless Palestinian civilians,
including the rounding up of displaced men and children, parading them half
naked in the
streets of Gaza, and then moving them to undisclosed locations,
Western officials continued to justify Israeli actions. US Secretary of State
Antony Blinken described the genocide charges as “meritless,” while his British
opposite, Lord David Cameron, said that the South African case against Israel
was “unhelpful”. Germany stepped in to defend Israel at The Hague. This was
happening even when millions in the West marched in support of Palestine while
denouncing their governments’ complicity in the
Gaza carnage.
While the world awaits the
International Court of Justice (ICJ) response to a provisional ruling, as requested by South Africa, to stop
the war until a final and binding verdict is reached, Netanyahu remains
defiant, attacking the ICJ, South Africa and any party that accuses Israel of
committing genocide in Gaza.
A ruling on this case will test the integrity of the ICJ and
the credibility of the rules-based world order. The challenge for the judges is
unprecedented. The
defendant is Israel, the West’s closest ally and one that
has incredible political sway in the most influential capitals. The case is
highly politicized. If Israel is convicted of genocide, the case could then
move to the International Criminal Court (ICC), where warrants for individuals
directly or indirectly involved in war crimes and crimes against humanity will
be issued.
If the court rejects the charges, what does that mean for
international law and conventions? What would be the message the court would be
sending to the rest of the world? And what would that mean for more than 30,000
killed and missing, more than 60,000 injured, and more than 1.8 million
displaced with no home to go back to?
This case is a watershed for the world as we know it and the
future of international laws and conventions. And why; because the West, led by
the United States, has for decades allowed Israel to be above the law and
enabled it to carry out its crimes against the Palestinians with impunity. This
policy would have continued if Israel had chosen a low-intensity response to
Hamas’ 7 October attack. But Netanyahu and his Far Right coalition, as well as
a humiliated Israeli army,
decided to decimate Gaza instead. This time, the
crime was too big to cover up.
If the court rejects the charges, what does that mean for international law and conventions? What would be the message the court would be sending to the rest of the world? And what would that mean for more than 30,000 killed and missing, more than 60,000 injured, and more than 1.8 million displaced with no home to go back to?
The reality is that Israel has long become a liability for
the West, in particular the United States, which had crowned itself as the
world’s sole superpower and the defender of democracy and universal values
since the 1990s. And while it took it upon itself to unilaterally dictate an
end to the Arab-Israeli conflict and the Israel/Palestine Question, it looked
the other way as Israel drifted to the far right under Netanyahu, destroying
the two-state solution as it expanded illegal settlements, blockaded Gaza while
appeasing Hamas at the expense of a weak and dysfunctional Palestinian
Authority (PA), arming and supporting extremist Jewish settlers and carving up
the West Bank.
Even before Israel launched its
war on Gaza, its army and
settlers had been attacking Palestinians in the West Bank daily, killing
hundreds and arresting thousands. Washington and its allies ignored Israeli
actions even though each extrajudicial killing, each attack by the settlers,
and each demolition of homes is a breach of international law and the Geneva
Conventions. Israeli war crimes, both in Gaza and in the West Bank, have been
going on for decades. Western governments, using empty rhetoric, became apologists,
then enablers, and finally accessories to Israel’s crimes.
The West must make a choice, a hard but necessary one, in
the wake of the unforgiving Gaza genocide. It can continue its collusion with
the likes of Netanyahu, Ben-Gvir, and Smotrich in the biggest crime against
humanity this century, or it can tell Israel that it must become a normal
state, one that abides by international laws and conventions, end its
occupation, allow the Palestinians to have self-determination and pay for its
crimes. Otherwise, Israel will become a pariah state subject to global sanctions
and liability.
Allowing Israel’s impunity for so long has damaged the West’s
credibility and is threatening the world order, which is not at a tipping
point. Israel’s exceptionalism must end, and it is up to the West to carry out
that mission.
Western governments, using empty rhetoric, became apologists, then enablers, and finally accessories to Israel’s crimes.
One other defendant on trial at The Hague is the Western
mainstream media (MSM), which has failed terribly at its responsibility to
cover the truth impartially and objectively. Social media has beaten the likes
of BBC, CNN, The New York Times, The Times of London, and others in their own
game. By ignoring the horrific reality in Gaza and by subscribing to Zionist
propaganda in an attempt to mislead the public, they have done irreparable
damage to themselves. They, too, stand as complicit in covering up war crimes
and the catastrophic humanitarian conditions in Gaza. They stand discredited
forever.
Osama Al Sharif is a journalist and political commentator based in Amman.
Disclaimer:
Views expressed by writers in this section are their own and do not necessarily reflect Jordan News' point of view.
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