𝐓𝐡𝐞 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐢𝐬 𝐧𝐨𝐰 𝐡𝐞𝐚𝐫𝐢𝐧𝐠 𝐠𝐞𝐧𝐨𝐜𝐢𝐝𝐞 𝐜𝐡𝐚𝐫𝐠𝐞𝐬 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐈𝐬𝐫𝐚𝐞𝐥. 𝐓𝐡𝐢𝐬 𝐢𝐬 𝐰𝐡𝐲 𝐈𝐬𝐫𝐚𝐞𝐥’𝐬 𝐫𝐞𝐚𝐜𝐭𝐢𝐨𝐧 𝐰𝐢𝐥𝐥 𝐧𝐨𝐭 𝐛𝐞 𝐩𝐚𝐫𝐭𝐢𝐜𝐮𝐥𝐚𝐫𝐥𝐲 𝐢𝐦𝐩𝐫𝐞𝐬𝐬𝐢𝐯𝐞.

International Court of Justice proceedings are underway over assertions that Israel is committing genocide in its conflict with Hamas in Gaza. South Africa has brought these charges to the court for consideration. In response to what it sees as a distortion of the genocide allegation, Israel is understandably outraged. Judgment by the ICJ will be based on the United Nations Genocide Convention of 1948, which Israel ratified shortly after the state was founded due to the convention’s drafting in the aftermath of the Holocaust. Among other reasons, Israel’s non-participation in the treaty that established the International Criminal Court in 2002 explains its longstanding policy of ignoring allegations of war crimes by Israeli leaders. The accusation of genocide, however, is too great for the Jewish state that sprang from the Holocaust’s ashes, according to Israeli officials.

Claims against governments are decided by the International Court of Justice, which has examined cases involving maritime border disputes and the 1980s sponsorship of rebel organizations in Nicaragua by the United governments (the Contras). South Africa filed the lawsuit at the end of last month, and the first sessions are scheduled for January 11 and 12. There are both ethical and pragmatic considerations for Israel’s involvement, as the country has punished Nazi war criminals for a crime it considers immoral. A request for a truce in the Gaza conflict could be made by the International Court of Justice (ICJ) if sufficient evidence is found.

 

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