The ICJ Decision: A Legal Victory for Palestine Featured

By Gamal Khattab January 26, 2024 1614

A Legal Achievement for the Palestinian Issue

The legal department of the Democratic Front for the Liberation of Palestine has commented on the recent decision of the International Court of Justice. This decision came after South Africa filed a lawsuit against Israel for committing the crime of genocide. It is seen as a significant legal achievement for the Palestinian issue, adding to the series of legal victories previously achieved in the International Court of Justice.

A Legal Defeat for Israel

The decision of the International Court of Justice, which was supported by a majority of judges, is considered a legal defeat for Israel. Israel had demanded the abolition of the court, but the decision is a victory for the Palestinian people. The court's quick issuance of temporary measures after the hearings further strengthens this victory.

Putting Israel in the Dock

Although the decision regarding temporary precautionary measures did not confirm that Israel committed the crime of genocide, it did put Israel in the dock for the first time before the international community. This lawsuit is on its way to proving that Israel committed the crime of genocide.

Israeli Statements as Evidence

The International Court of Justice took into account Israeli statements that prove the criminal intent to commit genocide. It considers the Palestinian people as an ethnic group protected under the Convention on the Prevention and Punishment of Genocide. The court cited evidence from reports and statements by international organizations affiliated with the United Nations, highlighting the humanitarian disasters in the Khadah Strip and the Israeli measures taken to destroy the Palestinian people in the Gaza Strip.

A Binding Decision

The decision of the International Court of Justice is binding on states according to Article 94 of the United Nations Charter. Unlike the advisory opinion on the separation wall issue in 2004, this decision holds more weight. The court has confirmed that the crime of genocide is subject to universal jurisdiction.

A Test for the International Community

The legal department of the Democratic Front for the Liberation of Palestine believes that the international community now faces a humanitarian test. It has a moral responsibility to pressure Israel to immediately and unconditionally adhere to the court's decision. If Israel fails to comply, the department calls for imposing sanctions and holding Israel accountable in European and American national courts based on the court's decision, which recognizes the global jurisdiction for punishing genocide.

Investigation by the International Criminal Court

The department also urges the Prosecutor of the International Criminal Court to initiate an investigation into the perpetrator of genocide in the Gaza Strip. There is no longer any legal justification to delay this investigation, especially since genocide falls within the jurisdiction of the International Criminal Court.