Sameera Casmod | sameerac@radioislam.co.za
24 May 2024 | 10:59 a.m. SAST
2-minute read

The Peace Palace at The Hague in the Netherlands, seat of the International Court of Justice. (Andrea Brizzi/United Nations)

The International Court of Justice (ICJ) is expected to deliver issue an order on Israel’s conduct of its war on Gaza at 14:00 BST today. This comes after South Africa applied last week to the world court to order a halt to Israel’s military offensive in Gaza, particularly in Rafah, and to allow unfettered aid to enter the enclave.

Israel has neither complied with the provisional measures ordered by the ICJ after South Africa brought its case of genocide against Israel before the Hague in January of this year, nor the further provisional measures granted after South Africa’s urgent request of 6 March 2024.

Meanwhile, there has been an application to the International Criminal Court (ICC) for arrest warrants or Israel’s Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and Hamas leaders. If granted, the leaders face travel restrictions and prosecution in Europe and other member states, Ayesha Vahed, a legal journalist reporting from the Hague, told Radio Islam International this morning.

The criminal case has important implications, Vahed said, including raising global awareness about Israel’s genocidal war against Gaza and increasing pressure to impose an arms embargo and sanctions against Israel.

Vahed said that there is hope that Israel will comply in the face of mounting political pressure, particularly in light of Israel’s continued violation of international law and human rights.

“But as we’ve seen, they act with impunity, and they act beyond the law. And every time things don’t work out for the country in terms of the courts or the law or any official body, they disregard it… Whether Israel will comply, it’s really unpredictable,” Vahed said.

Israel’s complete disregard for the ICJ’s orders brings to attention the flawed and hypocritical legal system of the world court.

The swift compliance with the warrant against Putin compared to the backlash and threats against the ICC for actions involving Netanyahu, highlights the inconsistency in the enforcement of international law.

“When Putin was issued with the warrant, most countries came out immediately and they said this is international law and they will comply and they will abide. And when Netanyahu was issued with the same warrant, the court came under scrutiny. America tried to sanction the court itself. It tried to threaten the court. So I think it is bringing to light that there is definitely a problem in the legal system with both the ICC and the ICJ as well,” Vahed said.

The ICJ, tied to the United Nations, has limitations imposed by the veto system, which hampers decisive action, Vahed said, emphasising that South Africa’s case at the ICJ is crucial in exposing these inconsistencies and pushing for systemic change.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat here.