The Court of Justice in The Hague, established in January 1946 as one of the UN bodies, has two functions: one – to serve as the world's highest court for settling disputes between states; The second is to serve as the supreme legal advisor of UN bodies.
The UN decided to seek an opinion from the International Court of Justice in The Hague on the "Israeli occupation" // Reuters
Many people confuse the International Court of Justice (ICJ) with the International Criminal Court (ICC), also based in The Hague. While the first deals with conflicts between states, the second is where people (not states) are prosecuted for serious violations of international law: crimes against humanity, genocide, war crimes, etc.
The Court of Justice consists of 15 judges, appointed with the joint approval of the Security Council and the UN General Assembly. The judges are selected according to a key that represents the diversity of regions in the world. In cases involving countries that do not have representation on the jury, each state may appoint one additional judge on its behalf. The appointment of Aharon Barak as a judge in a proceeding on behalf of Israel was made pursuant to this arrangement.
With the approval of the Attorney General and Netanyahu: Aharon Barak will be the judge on behalf of Israel at the International Court of Justice in The Hague. Former President of the Supreme Court, Photo: Noam Rivkin Fenton
The Court's decisions are a combination of deep, serious and fair decisions alongside purely political decisions. Thus, in a 2004 opinion regarding the separation fence, the court ruled that Israel does not have the right to self-defense against Palestinians because they are residents of occupied territory.
South Africa's Prosecution
The South African government claims that the nature of Israel's activity in the Gaza Strip in recent months and its scope, the great killing and destruction caused in the Gaza Strip, and the public statements made by senior Israeli officials indicate that the State of Israel is implementing a deliberate plan to destroy the Palestinian people there. South Africa also asked the court to issue temporary orders, the main one being an order for the State of Israel to stop fighting in the Gaza Strip.
Cyril Ramaphossa, President of South Africa. Statements against Israel and the IDF, and support for BDS, photo: AFP
The filing of the lawsuit is not surprising. For many years, the South African government has blindly supported the Palestinians and their terrorist organizations.
The procedure in The Hague
The proceedings before the court will be divided into three parts. The first will be the hearing on South Africa's request for temporary orders and will take place on Thursday and Friday this week, with each country having a different day to present its position. The expectation is that the court will issue its decision on this matter within a few weeks.
The second part will probably deal with the question of the court's authority to hear the case. According to South Africa, Israel's consent to the procedure (required for the court to have jurisdiction) derives from its accession in 1950 to the UN Convention on the Prevention and Punishment of the Crime of Genocide. The convention includes automatic consent to the jurisdiction of the ICJ in the event of disputes between signatory states (South Africa joined in 1998). Israel will probably deny the court's authority.
The International Court of Justice in The Hague, photo: AP
If the court believes that it has jurisdiction to hear the case, the third part of the proceedings will deal with the substantive questions raised in the lawsuit, mainly the question of whether Israel's actions constitute genocide against the Palestinians. The hearing in the case is expected to last several years. Experience shows that not all court decisions are implemented in practice.
Col. (res.), former Head of the International Law Department in the Military Advocate General's Office and currently Head of the Department of International Law, International Trade and Security at Herzog Office in Tel Aviv
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