The Case Against Israel Grows
The International Court of Justice exists in a very unique space when it comes to the law. On the one hand, the so-called ‘World Court’ is regarded as the top court on the planet, the only place where countries themselves can be held accountable for their crimes. On the other hand, it is surely also one of the only courts and tribunals that has no way of enforcing its jurisdiction.
That's why when the ICJ recently declared that Israel is blocking vital aid to Gaza, it was a powerful message that created headlines around the world and further exposed the crimes that Israel is committing in the name of national security.
However, the ruling doesn't mean that food will magically appear on the plates of the thousands of starving Palestinian children suffering during this famine.
Israel responded by saying that the allegations that it was withholding aid from Gaza were "wholly unfounded", a view that contradicts the findings of numerous experts and the facts on the ground. The UN and other various global food agencies are doing that utmost to get aid to those that need it most. They are experts at handling this type of difficult logistical problem and so the only thing that would realistically stand in their way is deliberate obstruction by the policies of the Israeli government.
The ruling of the ICJ comes as an extension of the case brought by South Africa, accusing Israel of genocide. Israel’s failure to facilitate aid will certainly bolster that case as it continues. Ireland recently joined the litigation and argues that blocking aid should also comprise part of the definition of genocide. The court has already found that Israel has a plausible case to answer and, as I have set out in the pages of this newsletter, the accusations of genocide are very well founded in a legal sense.
If the case is made out and leads to what surely is the only reasonable conclusion, the world will surely have to sit up and take notice. The practical inability of the court to enforce its jurisdiction is a mantle that will have to be taken on by the Security Council and other global powers including the UK.
At that point, the narrative of denial created by the mainstream media and the ham-fisted responses by various national governments will have to be thrown out as they realise that they have ignored a genocide that has been going on right in front of their nose since late 2023.
It is a sad fact that this formal decision is probably still years away. In the meantime more Palestinians will die because of policies and actions taken by the government of Israel. Moves that have moved far away from acts of war or national security, and instead are now specifically aimed at destroying the Palestinian people.
The International Court of Justice plays an important role but countries should not wait on its judgment before acting on the evidence.
This week on the podcast, two road traffic accidents prompt a review of the Civil Liability Act 2018.
Episode link: https://uklawweekly.com/2024-uksc-11/
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Marcus