Don't get confused, the interim result at the International Court of Justice in The Hague is an Israeli achievement that allows the continuation of the fighting in Gaza and the elimination of Hamas almost without any change - that is what is most important.
The court rejected almost all the significant reliefs requested by the South Africans in the mission of the terrorist organization.
Most of the orders issued by the court against Israel are declaratory, and the two operative ones are also vague.
There is much criticism of the court's rhetoric towards Israel, but it is clear from its decisions that it is mainly lip service.
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Most of the orders issued by the court against Israel allow it to continue fighting, but instruct it to do so in accordance with international law.
But it has already been done anyway, and the IDF invests a lot of resources for this purpose, including approvals of military targets by legal levels, rarely even up to the approval of the legal adviser to the government. In the midst of continuous fighting in a built-up area, with an enemy that unexpectedly emerges from a shaft in an already difficult civilian population Think about the possibility of being more careful.
IDF forces activity in the center of the Gaza Strip, photo: IDF spokesman
So is the order to introduce humanitarian aid to the population of Gaza.
It is clear that according to the decree it is not possible to prevent the entry of humanitarian aid, but that such aid Israel is entering anyway.
The court does not specify what kind of assistance, how much and how often, so everything is open to interpretation.
For example, to this day Hamas has taken over many aid trucks so that instead of helping the population, they helped the terrorist organization.
Israel can condition the Knesset's aid on the fact that it does not end up in the hands of Hamas, and in any case it would be better for it to take care of this even without the High Court.
Humanitarian aid entered Gaza anyway even without the order of the Hague judges, photo: AP
Another operative order is a call to the legal advisor to the government to prosecute elected officials for incitement to genocide.
To a large extent, this is also a declaratory order because it is difficult to think how according to the rules of the criminal law for offenses of expression it can be realized, certainly in relation to the statements of a member of the Knesset and ministers that South Africa cited in the lawsuit.
Israeli judge Aharon Barak supported this order.
It is not clear why, how an international legal court, which in a formal examination does not obligate the enforcement authorities in Israel, dares to interfere in the considerations of the prosecution, an intervention that even the Israeli High Court rarely performs.
The Minister of Foreign Affairs and the Ambassador of South Africa in the Netherlands, during the discussion in The Hague,
Along with the Israeli success, there is also an incidental price.
Israel must report to the court how it acts in accordance with the orders.
Prof. Eugene Kontorovich, head of the International Law Department at the Ecclesiastical Forum, points out and warns that "although Israel narrowly escaped the diplomatic disaster in The Hague, a dangerous precedent was set here: the court took upon itself the authority to oversee the conduct of Israel's wars under the pretext of fear of genocide.
This decision will undoubtedly be used to limit Israel's activities, and we are expected to receive negative rulings in the future.
Israel should immediately join the policy led by the US and leave the jurisdiction of the ICJ."
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