Brussels – The issue is complex and could take a long time. Beginning tomorrow (Jan. 11), when the immediate proceeding invoked by South Africa at the International Court of Justice in The Hague (ICJ) kicks off, to determine whether Israel is committing the crime of genocide with its military action in the Gaza Strip.
The Johannesburg accusation, which arrived in The Hague last Dec. 29, alleges that Israel violated the Convention on Genocide, an international treaty approved by the UN General Assembly in 1948 and ratified by Tel Aviv in 1950. The convention, which gives the ICJ—the United Nations’ highest legal body—jurisdiction to rule on treaty disputes, defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.”
The 84-page document filed with the court states that “the acts and omissions of Israel denounced by South Africa are genocidal in nature because aimed at destroying a substantial part of the Palestinian national, racial, and ethnic group.” A serious allegation, made in the light of the now 23 thousand victims of bombings of Gaza, 70 per cent of whom are women and children, and on several reconstructions that revealed that in recent months the Israeli army has dropped more than 200 particularly destructive bombs in areas of the Strip that it had previously designated as safe, and where it had thus suggested civilians take refuge.
Getting to a ruling could take a long time, due to the inability to access the Gaza Strip and carry out independent investigations. Israel immediately “rejected with disgust” South Africa’s “factually and legally baseless” accusations, backed by American support that the proceedings are “counterproductive and completely baseless.” But the 57 members of the Organization of Islamic Cooperation and some other governments around the world—Bolivia, Namibia—have endorsed the accusation to Israel.
They may soon be joined by Belgium: yesterday Vice-Premier Petra De Sutter has stated in a tweet that “Belgium cannot stand by and watch the immense human suffering in Gaza” and that it is necessary “to act against the threat of genocide.” De Sutter assured that she will propose that the Belgian government “take action at the International Court of Justice, following the example of South Africa.” A drop in the ocean of indifference of the 27 EU countries, which have preferred not to take clear positions for the time being. While from Brussels, European Commission spokesman Peter Stano commented that “the EU supports the work of the ICJ” but “it is not part of this case, it is not for us to comment on it, it is still an ongoing case.”
Reached by Eunews, Stano explained that “the EU is not and cannot be a party to or intervene in a so-called ‘contested case’ before the International Court of Justice,” that is, a case that represents a legal dispute between states. It is the EU member states, as states parties to the Convention on Genocide, that have the ability to intervene. “At the moment we are not aware that any member country has expressed an intention to do so,” the EU executive spokesman concluded.
English version by the Translation Service of Withub
