04-Feb-2024

Abu-Ghazaleh: The International Court of Justice Decision is a Crucial Step Toward the Palestinian Cause





AMMAN – HE Dr. Talal Abu-Ghazaleh, founder and chairman of Talal Abu-Ghazaleh Global (TAG.Global) has issued a detailed reading on the decision of the International Court of Justice (ICJ) on the legal application filed by the Republic of South Africa instituting proceedings against the Zionist entity concerning its violations in the Gaza Strip of obligations under the Convention on the Prevention and Punishment of the Crime of Genocide. 

The decision included six orders against Israeli occupation stipulating that it shall take all measures to prevent the commission of all genocide acts in Gaza, to prevent and punish the direct and public incitement to commit genocide in relation to the Palestinians in the Gaza Strip, and shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life that Palestinians in the Gaza Strip mface.

Dr. Abu-Ghazaleh highly praised the Court’s decision, saying, ‘This is one of the most important decisions in the history of the Palestinian cause, since it is independent, binding and demands specific measures,” noting that such measures aim to change the stance and behavior of ‘Israel’ and to stop the genocide it is committing, which, in fact is an order to stop the its war of aggression against Gaza. 

Dr. Abu-Ghazaleh added that the Court’s decision to ‘stop the Israeli “aggression”, not just the “fighting” affirms that it’s addressing the Zionist enemy as the aggressor and the one that commits genocide; also indicating that the acceptance of the lawsuit by a majority of 15 out of 17 judges while rejecting Israel's request to dismiss the case is an explicit recognition of the occurrence of the ‘genocide’.

“The US and UK-backed claim of Israel’s right of self-defense doesn’t apply to occupiers or genocide perpetrators,” Dr. Abu-Ghazaleh noted, adding that “The Zionist Occupation doesn’t have to defend itself, as all it has to do is to end its occupation and the problem will be solved”.
“Committing acts of genocide is not self-defense as claimed by Israel and those who support it. It is also unfair to ask people under occupation to stop their fight since it means to deprive them of their right to resist occupation.”
Dr. Abu-Ghazaleh further pointed out that the Court’s decision declares that anyone who backs the aggression is complicit in Israel’s genocide crimes, and that all countries are requested to respect this decision, otherwise, they will be considered partners in the crime. “Israel has consistently ignored UN resolutions thanks to the protection of the United States. For the first time, America is incapable of protecting “Israel’ from facing accusations at this international court of law.”

Additionally, Dr. Abu-Ghazaleh applauded the Court’s decision since it clarified that killing by military means is just one of the condemned genocide acts, that adds to killing through starvation, blockade, deprivation of medical care, water, among other basic needs and services, noting that the Court ordered ‘Israel’ to take all measures to prevent and punish the direct and public incitement to commit genocide.
“The ICJ’s decisions are binding and obligatory for all, and are not subject to appeal. However, they may require support from the United Nations Security Council to enforce a ceasefire resolution under the UN Charter (Chapter 14). It is unlikely that the United States will be able to use the 'veto power' unless it does not want to be perceived as endorsing genocide or defying the ICJ, which is considered one of the pillars of the United Nations,” Abu-Ghazaleh said. 

On the other hand, Dr. Abu-Ghazaleh believes that the International Court of Justice excelled when it set up a system to follow up the implementation of the decision, and to compel ‘Israel’ to submit a report to the Court on all measures taken to give effect to the Order within one month as from the date of its issuance.
In addition, Dr. Abu-Ghazaleh commended the Court’s resort to consider testimonies from impartial UN organizations rather than just the parties’ claims. He pointed out that the allegations against UN agencies, especially UNRWA, seek to establish a UN genocide regime against Palestinians by depriving them of the protection and the basic requirements of life. 
Dr. Abu-Ghazaleh also mentioned that the President of the International Court of Justice is an American judge, whose ability and integrity has previously been acknowledged by the US attributed to her membership in the Supreme Court of the United States (SCOTUS).

Moreover, Dr. Abu-Ghazaleh expressed appreciation to UNRWA's independence and humanity, saying that the enemy’s incitement to boycott the UNRWA was intended to create countermeasures for the genocide it is carrying out.

He continued by denouncing the accusation made by the Prime Minister of Israel, Benjamin Netanyahu, that the International Court of Justice is anti-semitic, pointing out that such an accusation is merely a miserable repetition of Netanyahu's persistent allegations. Dr. Abu-Ghazaleh explained that the Israeli responses and the attack on the Court demonstrate that the ICJ’s decisions serve the interest of the Palestinians, who were referred to as "human animals" by Israeli occupation ministers in an effort to dehumanize the Palestinians.

Furthermore, Dr. Abu-Ghazaleh stressed that Netanyahu's declaration that ‘Israel’ must develop its domestic armaments industry in response to the Court’s decision indicates his concern that other countries would stop supplying it with weapons out of fear of the Court's sanctions. He went on to say that Netanyahu's claim that the Court has never asked a ceasefire, and accordingly it will continue its aggression in line with its own interests, means that he ignores the sovereignty of the Court and the legally binding decisions and measures it imposes.

Moreover, Dr. Abu-Ghazaleh stressed that Netanyahu's political future will be the first victim of these decisions, since he engages in actions that are worse than those committed by the Nazis, indicating that "the real enemies of Israel are from within the entity itself."

According to Dr. Abu-Ghazaleh, one of the outcomes of these decisions and the resistance's steadfastness is the start of Israel's internal collapse as a colonial and genocidal force, adding that the Court’s decision and justice and the capabilities of the legal team of South Africa managed to grant the Palestinians the ICJ’s decisions to halt the genocide not just the stop of military aggression. He pointed out that these issued preliminary measures will be followed by thorough investigations to prove the crime of genocide, noting that once the final court decision is released, the enemy shall be held accountable for all the damages caused, including casualties, injuries, demolishing of buildings and infrastructure.







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