A review of the trial of Israel by South Africa

Mohsen Pakaein

While the Arab world and Western countries that claim to defend human rights have closed their eyes to the mass killing of the Palestinian people in Gaza, the South African government, in a humane and courageous action, brought the Zionist regime to the International Court of Justice in The Hague.

The hearing of South Africa's complaint against Israel at the International Court of Justice began while the genocide and war crimes committed by the occupation regime of Palestine are still continuing in the Gaza Strip and the number of Palestinian martyrs is increasing every day.

With this action, Pretoria showed that the people of South Africa still believe in Nelson Mandela's words that "we know very well that our freedom is incomplete without the freedom of the Palestinians." In connection with this important action in the field of international arbitration, the following points are noteworthy:

1. The International Court of Justice (ICJ) is the highest court of the United Nations and the main judicial pillar of this organization. The headquarters of this court, which was established in 1945, is in The Hague, Netherlands, and it examines international legal claims and issues judgments.

According to the United Nations Genocide Convention, adopted in 1948, of which Israel is also a member, a deliberate attempt to destroy all or part of a society based on its nationality, ethnicity, race or religion is considered genocide, and killing members of the society is Serious physical or mental harm to its members, intentional imposition of living conditions by physical destruction, preventing the birth of babies, forced migration of children from one community to another region are among the cases that can be examined in international courts.

2. South Africa, presenting an 84-page file, called Israel's actions due to the destruction of a large part of the Palestinian land in the city of Gaza as genocidal. He deals with them mentally and physically with the aim of physical destruction. The statements of the Israeli authorities that indicate their intent to "genocide" can be seen in this case. South Africa in its complaint, in addition to raising the issue of genocide, asks the court to order Israel to stop all its military actions. Pretoria also accused Israel of widespread use of army and forced displacement of people and asked the court to order Israel to facilitate the return of Palestinians to their homes and access to water and food and humanitarian and basic humanitarian aid. South Africa's urgent request is for an investigation into the war crimes committed in the Gaza Strip and an immediate ceasefire to prevent the genocide. The result of this court can strengthen the credibility of this judicial institution and make the people of the world hope for the implementation of justice at international levels.

3. If the International Court of Justice comes to the conclusion that Israel has committed genocide in Gaza, its decision can introduce the criminals and perpetrators of genocide to the International Criminal Court. Such a ruling can lead to the punishment of the Zionist authorities and the isolation of Israeli companies and even their sanctions and boycotts in the international community. At the same time, the ruling against Israel will increase the pressure on the supporters of this regime, including the United States, to reconsider their relations with Tel Aviv. For this reason, the United States, in continuing its support for Israel, protested South Africa's complaint and even John Kirby, the spokesman of the National Security Council of the White House, called this complaint "worthless" and "without any Basis and proof". The decisions of the International Court of Justice are usually binding, but the International Court of Justice has no means to implement its orders, and few expect the Zionist regime to stop military operations under the Hague order. In 2004, the court issued a non-binding opinion that the construction of the security wall of the Israel inside the occupied West Bank is illegal and should be dismantled. After twenty years, the system of walls and fences is still standing. But analysts on both sides say even a temporary cease-fire would put Israel's allies, especially the United States, in a bind. 4. The brave action of South Africa has increased the motivation in other countries of the world to try the Zionist regime, and countries like Brazil and Jordan have also supported South Africa to continue suing this regime. Al-Khasawneh, the prime minister of Jordan, in a speech in the parliament of this country, said: As soon as the International Court of Justice examines South Africa's complaint against the Zionist regime's genocide crime, he will submit the necessary legal requests and evidence to the International Court of Justice. The international community's support for South Africa's action will encourage the Hague Court to deal with American pressures and threats, and this event will add another failure in the case of military, political, economic and prestige failures of the Zionist regime.