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INTERNATIONAL COURT OF JUSTICE RULING IS FAR FROM A LOSS - AND MUST BE CONDUCTED
WISELY


OPINION: CONSIDERING THAT INTERNATIONAL LAW IS NOT TRULY A LAW BUT RATHER A WEB
OF POWER AND INTERNATIONAL INTERESTS, AND GIVEN THE IMMENSE PRESSURE EXERTED ON
THE COURT IN THE HAGUE AGAINST ISRAEL, THE RULING THAT EMERGED IS CERTAINLY THE
LEAST BAD FOR ISRAEL

Yuval Elbashan|05.26.24 | 18:34
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International Court of Justice (ICJ)
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In judicial language, this is called a "safety valve" expression. It refers to a
statement made by the court, the practical content of which is determined by the
authority tasked with its implementation.
A famous example of this is the landmark U.S. Supreme Court case Brown v. Board
of Education of Topeka, Kansas. The justices ruled that racial segregation must
be abolished "with all deliberate speed," a phrase that effectively gave the
executive branch the power to decide what "deliberate speed" meant. In practice,
this allowed segregation to continue for many more years. Thurgood Marshall, who
was the lead attorney in the case, aptly remarked: "They gave us nothing and
told us to work for it. 'All deliberate speed' meant very, very slow."
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Similarly, the International Court of Justice in The Hague ruled that "Israel
must immediately halt any actions in Rafah that could affect the civilian
population according to the Genocide Convention." Judge Aharon Barak, in his
dissenting opinion, clarified that "South Africa's request was denied. Israel is
required to cease military operations only to the extent necessary to comply
with its obligations under the Genocide Convention... Instead of ordering a
blanket suspension and complete withdrawal from Gaza, the court's order is
expressly limited to actions that the Genocide Convention prohibits... Israel is
not barred from military action in Rafah as long as it fulfills its obligations
under the convention."

Ugandan Judge Julia Sebutinde concurred: "Due to the ambiguity of the order, it
might be misinterpreted as an unlimited, unilateral cease-fire... As I
understand it, the order instructs Israel to pause its attack in Rafah only if
such a pause is necessary to prevent conditions that could lead to the
destruction of the Palestinian population in Gaza."
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In clear terms, who will determine if the commitments are being met, assuming
the Security Council ratifies the order? Israel itself. Considering that
international law is not truly law but a network of power and international
interests, and given the immense pressure exerted on the court against Israel
(as Barak noted in his decision), this is certainly the least bad for Israel.
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בית הדין בהאג
(Photo: Nick Gammon / AFP)
However, this did not matter to the extremists on both sides, who continued to
interpret the decision to fit their agendas. The Jerusalem faction (who see the
judiciary as a "judicial dictatorship") viewed the "terrible Israeli defeat" as
further proof of the delusion that allowed judicial activism to be promoted as
if it were an external demand of the free world.
The Tel Aviv faction (who seek to further empower judges at the expense of the
people's parliament) hastened to explain that the defeat resulted from
insufficient legal action. In their view, it is not enough for the system to be
independent and authorized to annul even the constitution; it must also promote
investigations and rulings that harshly punish those acting contrary to their
views. If only we had provided 100 more aid trucks and imprisoned six inciting
politicians, we would not have lost. Both sides believe the "defeat" validates
their stance, much like the extreme ultra-Orthodox who, after the Holocaust,
attributed its occurrence to insufficient adherence to stringencies and added
more restrictions.
The order is far from a defeat. Therefore, it is wise to adhere strictly to the
order, which is clearly worded and instructs Israel to preserve evidence and
allow investigators into the war zone, as long as it does not endanger our
soldiers. This is also true because we genuinely have nothing to hide: No other
army operates as morally under such conditions (as Judge Sebutinde also detailed
in her opinion).
In conclusion, this is not a decision that will make us cheerfully sing "I've
got a Hague day," as one of our finest judges once jokingly suggested, but it is
far from a defeat. In these bitter days, that is certainly not insignificant.
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1.
the most absurd and unbelievable judgment
It seems that of all the judgments ever given by the courts, the judgment of the
court in The Hague is the most absurd and unbelievable. Here comes a court, and
accuses a state (Israel) of destroying residents (Gaza residents), all of whom
are supporters of Hamas, whose stated goal is the destruction of a people (the
people of Israel)! On the other hand, all over the world, there are
demonstrations of support specifically for Hamas, which is responsible not only
for the murder of Israelis, but also for the murder of the residents, among whom
it hides and from which it operates. Sometimes it seems as half the world
supports the destruction of Israel and on the other hand, the other half comes
and accuses her of destroying another nation.
ervin klein| 05.27.24
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Query
Not quite sure how "...residents (Gaza residents), all of whom are supporters of
Hamas..." squares with "...Hamas, which is responsible...for the murder of the
residents".
Gabriel| 05.28.24
10
reply
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comments that violate the terms of use, including incitement, libel and
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