Hearings at the International Court of Justice in The Hague following South Africa's lawsuit against the State of Israel for allegedly committing genocide in Gaza will begin tomorrow (Thursday). The trial itself is expected to last many years, but the consequences, if Israel is charged by the ICC judges with genocide, will be particularly severe. Just a day before the start of one of the most important legal proceedings in the history of the State of Israel, Netael Bandel, Israel Hayom's envoy to The Hague, answered all the big questions.
What is the Court of Justice in The Hague?
The ICC was established immediately after World War II, with the understanding that in order to promote world peace, a legal tribunal was required to hear and adjudicate disputes that would arise between countries around the world. The role of the court is not only to adjudicate disputes, but also to write opinions that will examine the actions of states.
What are the powers of the rulings of the Court of Justice and are they binding on Israel, and what will happen if it violates the ruling?
Resolutions and judgments of the Court bind States Member States and States that have signed UN Conventions that they also accept the Court's jurisdiction as to the existence of the Convention by the signatory State. As for Israel, around the time of Israel's declaration of independence, Israel was one of the first countries to sign the Genocide Convention, which entered into force in 1951. Failure to comply with court rulings may lead to sanctions against Israel, such as an arms embargo and restrictions on trade with Israel, as well as damage to Israel's diplomatic credit and the trust that countries acquire in signing agreements with it.
How are the hearings expected to take place this week?
The hearings will take place only two days, on Thursday and Friday this week. The court's permanent panel of judges consists of 15 judges, with the defendant state and the plaintiff state entitled to add an additional judge of its choice to the panel. Israel, as is well known, elected former Supreme Court President Aharon Barak. The first day of deliberations on Thursday is expected to begin with the swearing-in of Justice Barak and the swearing-in of the judge chosen by South Africa. After that, the day will be devoted to about four hours of deliberation, according to the South African prosecutor, and on Friday to the words of Israel's defense. In the court, it is customary for judges to ask questions and make it difficult for the prosecution or defense only in exceptional cases, and the hearing is characterized mainly by speeches.
Will be sworn in at the start of the hearings, Aharon Barak, Photo: Michelle Dot Com
Who represents the defense of the State of Israel?
The person chosen to defend Israel is Prof. Malcolm Shaw, who will be accompanied by Deputy Legal Adviser to the Government for International Affairs, Gilad Noam and a team from the Foreign Ministry. Prof. Shaw, 76, is a world-class expert on human rights law, international law and the various court proceedings. Shaw is a Jew living in Britain but completed his LL.M. at the Hebrew University, at the time living in Israel. He has previously represented more than 10 different countries in various proceedings.
How can you assess the chances of success?
The chances of success are derived from the legal case, the evidence in it, and Israel's position. But the composition of the judges and their countries of origin have a major impact on Israel's chances. As far as the composition of the judges is concerned, it is estimated that there are six judges who may side with the Israeli position. On the other hand, at least six judges can be counted who will side with the Palestinians.
At least six of them will side with the Palestinians, judges of the International Court of Justice in The Hague, photo: None
What could be the consequences?
The legal test for judges to decide is not whether Israel is currently committing genocide, but whether it is carrying out actions that could lead to genocide or endanger the Gaza population with genocide, Gambia's lawsuit against Myanmar previously stated.
Is there additional authority or an appellate court?
The Court has no other appellate court above it. The neighbor of the Court of Justice in The Hague is the Criminal Court in The Hague. While the first deals with and judges states, the second judges the citizens of states. A final determination that Israel committed genocide against the Palestinians will lead to lawsuits against senior government and IDF officials, and they will be at risk of lengthy prison sentences.
Final determination of genocide will put senior IDF officials in danger, IDF Chief of Staff Herzi Halevi, Photo: IDF Spokesperson
How long does it take for the ICC to make a decision?
The decision should be made quickly so that if a state does commit genocide, the ICC can stop it as soon as possible. Therefore, the court's ruling on the interim injunction will be made within a few days and not more than a month, according to estimates. Until then, Israel may continue fighting.
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