Significance
of South Africa Bringing Case Against Israel to
International Court of Justice
A Legal Perspective
Preceding the January 26 International Court of Justice ruling, an interview on The Intercept was held with Katherine Gallagher, Senior Staff Attorney at the U.S. Center for Constitutional Rights (CCR), on her own impending case Defense of Children International Palestine v Biden and on the significance of the case brought to the International Court of Justice (ICJ) by South Africa. The first case was filed on November 13, 2023 in the northern district of California on behalf of two Palestinian human rights organizations: Defense for Children International Palestine, and Al-Haq, as well as three plaintiffs from Gaza and on behalf of Palestinian Americans who have family in Gaza. The lawsuit names U.S. President Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin, with failing in their legal responsibility to prevent -- and also their complicity in -- Israel's unfolding genocide of Palestinians in Gaza.
These are her comments a few days before the ICJ ruling:
"South Africa's filing against Israel at the International Court of Justice in The Hague is truly a historic document, and a historic moment. South Africa framed the current genocide in the context of the Nakba and Israel's action since 1948, through the prolonged belligerent occupation and the closure of Gaza for the last 17 years. That in itself was quite notable. And knowing it was South Africa, with its history of fighting off a colonialist apartheid regime, was very profound. The South Africans felt the weight of moral responsibility, and they really showed up, not just legally, but with heart and with love. What was done so beautifully by South Africa was hitting every single legal element, but continually grounding it back in humanity and explaining what this case is ultimately about. It's about our shared humanity, and that is something that the Genocide Convention, being a reflection of a global commitment to never again target a population because of who they are, this global movement, and the question for all of us to whether or not we are truly committed to global humanity, I think was as much what came out over the three hours of argument.
"Because of the urgency of the moment, South Africa has asked the World Court to put in place some provisional measures while the merits of the case are being adjudicated. That is the same thing that we have asked the court in California to do in our genocide case against President Biden. We have sought a preliminary injunction, because you can't bring back human lives that are lost in the course of a genocide by finding a good ruling three years down the road.
"If the International Court of Justice were to rule that at this moment there's a serious risk of genocide, or an ongoing genocide, and it can be either all states, and especially those states that have the ability to influence Israel's behavior, must take immediate action, or themselves also be in breach of the ICJ's ruling.
"That means that the U.S. and all the European countries, Australia, countries that are providing military support to the genocide, must cease doing so. And if the entire European Union, the U.S., Australia, Canada, and other countries decide that at this moment they're going to simply ignore the ICJ's ruling, that does throw into question the legitimacy of the entire legal system, and that is no small outcome.
"We need an International Court of Justice to be independent, to apply the facts to the law equally for all peoples in protection of all peoples, and being willing to hold the powerful to account. This is a moment of reckoning for international justice and accountability.
"The ramifications of the ICJ proceedings are already being felt, in terms of making states choose which side they are on, the side of humanity or the side of arrogance and destruction of the other. And the concrete ruling will have even further effect, both legally, in the form of potential cases at the national level, and certainly diplomatically, where we may see moves to isolate Israel, and also to have countries behave differently, in terms of how much support they are willing to give to a regime that is attempting a genocide against the Palestinian people."
This article was published in
Volume 54
Number 8 - January 31, 2024
Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS54086.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca