A seasoned lawyer famend for his success in genocide instances on the UN’s International Court of Justice (ICJ) sees a excessive risk of South Africa successful its case in opposition to Israel, an final result he believes will entail severe penalties.
The ICJ, the UN’s high court docket also referred to as the World Court, will begin hearings this Thursday in The Hague on a case filed by South Africa accusing Israel of genocide, in violation of the 1948 Genocide Convention.
The conference defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
The 84-page swimsuit additionally asks the ICJ for pressing steps to cease Israel from committing extra crimes in Gaza, the place its relentless bombardment since Oct. 7 has now killed greater than 23,000 civilians, an awesome majority of them ladies and kids.
“I have read all of the pleadings by South Africa … and my analysis, based on my knowledge, judgment and experience, is that South Africa will win a cease-and-desist order against Israel for genocide against the Palestinians,” worldwide human rights lawyer Francis Boyle instructed Anadolu in a video interview.
Boyle, who gained two requests on the ICJ in 1993 beneath the Genocide Convention for the Republic of Bosnia and Herzegovina in opposition to Yugoslavia, stated South Africa has a workforce of “first-rate international lawyers” for the case.
“From the documents I’ve read, they know exactly what they’re doing. Again, that is why I believe they will win a victory,” he stated, including that he expects an order to be issued inside a couple of week.
Such an order “could have very significant consequences for Israel,” stated Boyle, as he laid out numerous eventualities, from South Africa going to the UN Security Council (UNSC) for enforcement of the order to Israel’s potential suspension from UN our bodies and even potential financial sanctions.
“At that point, the entire world will know that Israel is inflicting genocide against the Palestinians,” he stated.
“And under Article 1 (of the Genocide Convention), they will have an obligation ‘to prevent’ the genocide against the Palestinians.”
South Africa will then take it to the UNSC for enforcement, the place it may face some hurdles, notably from Israel’s highly effective allies, he stated.
“It appears so far that the United States government would exercise a veto power to prevent the Security Council from enforcing the order, which it’s supposed to do under the terms of the United Nations Charter,” stated Boyle.
– UN ORGANS: SUSPENSION, ADMISSION, SANCTIONS
In case of a US veto within the Security Council, South Africa can take the order to the UN General Assembly (UNGA) for enforcement beneath the “Uniting for Peace” decision, he defined.
Boyle was referring to UN Resolution 377 A (V), referred to as Uniting for Peace, handed in 1950 with the goal of addressing conditions the place the UN “fails to exercise its primary responsibility for the maintenance of international peace and security” due to a Security Council impasse.
It states that “the General Assembly may also take action if the Security Council fails to act, owing to the negative vote of a Permanent Member, in a case where there appears to be a threat to, or breach of peace, or an act of aggression.”
In such a state of affairs, the UNGA “could suspend Israel from participation in United Nations activities, exactly like the General Assembly suspended the criminal apartheid regime in South Africa at that time, and the genocidal Yugoslavia from participation in the United Nations Organization,” based on Boyle.
Another risk is the UNGA admitting Palestine as a full-fledged UN member state, he continued.
“Right now, Palestine is a UN observer state like Switzerland, but the votes are there for it to be admitted as a full-fledged UN member state,” he stated.
“Historically, no UN member state has ever been destroyed. And that’s exactly what the Zionists want to do to the Palestinians, destroy them. So, UN membership, I think, would protect them.”
The General Assembly may additionally resolve to arrange an International Criminal Tribunal for Israel “as a subsidiary organ under UN Charter Article 22,” stated Boyle.
“The International Criminal Tribunal for the former Yugoslavia was set up by the Security Council, but the General Assembly can do the same and they could start to prosecute high-level Israeli officials for genocide and war crimes against humanity,” he stated.
During his ICJ instances, Boyle stated he began the same initiative on the UNGA, which was “supported by Malaysia, Iran and a large number of Arab and Muslim states.”
“But, at the time, it was sabotaged by the usual suspects,” he stated, including that “maybe under the current circumstances … the General Assembly will revisit” his proposal.
“Finally, the General Assembly can recommend comprehensive economic sanctions against Israel,” based on Boyle.
Right now, North Korea “suffers from near genocidal economic sanctions” that had been imposed by the UNGA beneath the Uniting for Peace decision, he defined.
“Not that I support the current sanctions against North Korea, but the same could be done to Israel,” he added.
– US INFLUENCE AND COMPLICITY
Regarding Israel’s resolution to contest the case, the lawyer stated it stems from the assumption that “a World Court Order against it will be a severe body blow from which it will never recover.”
Another issue within the proceedings, based on Boyle, might be the affect of Joan Donoghue, the present ICJ president who’s a former US State Department official.
“Donoghue is a career-long State Department apparatchik and legal hatchet person. She gave legal advice to Hillary Clinton … so that is the type of lawyer we are dealing with here,” he stated.
“I am certain that she is right now telling the United States government about all the behind-the-scenes maneuvers that are going on at The Hague and will keep them informed.”
He warned that the ICJ president “has a lot of power to shape the legal proceedings.”
“I’m sure she will shape the legal proceedings in favor of Israel and the United States, and against the Republic of South Africa,” stated Boyle.
He stated Donoghue is scheduled to step down on Feb. 4 however “that will not be before these proceedings for provisional measures.”
In this case, the ad-hoc choose that South Africa will appoint for the case has an important function to play and should do their greatest “to counteract Donoghue,” he added.
About the repercussions for the US in case of an order in opposition to Israel, Boyle stated Washington will stand condemned beneath Article III (e) of the Genocide Convention, which criminalizes complicity in genocide.
“Certainly, the Biden administration has been aiding and abetting and complicit in the Zionist genocide against the Palestinians. This also violates the US government’s own Genocide Convention Implementation Act,” he stated.
He stated attorneys on the Center for Constitutional Rights and the National Lawyers Guild have filed a lawsuit in opposition to US President Joe Biden and different officers “for aiding and abetting Israel’s genocide.”
“That lawsuit is now working its way through United States courts,” he stated.
Source: www.anews.com.tr