ICJ ruling is not good enough and this is the way forward – Ilan Pappé
President Joan Donoghue (C) and other judges in the International Court of Justice take their seats prior to the hearing on the genocide case against Israel brought by South Africa, 11 January 2024
Ilan Pappé writes in The Palestine Chronicle on 29 January 2024:
The moral and brave approach by South Africa to the International Court of Justice (ICJ), hoping for a ruling that would bring an end to the genocide of the Palestinians in Gaza, was not matched by the court on Friday, January 26, 2024.
I am not underestimating the significance of the court’s ruling. True, the court confirmed the right of South Africa to approach the ICJ and substantiated the facts it presented, including the assumption that Israel’s actions could be defined as genocide under the terms of the genocide convention.
In the long run, the language and the definitions used by the ICJ in its first ruling will constitute a huge symbolic victory on the way to Palestine’s liberation.
But this is not why South Africa approached the ICJ. South Africa wanted the court to stop the genocide. And therefore, from an operative point of view, the ICJ missed an opportunity to stop the genocide, mainly because it still treated Israel as a democracy and not a rogue state. Palestinians, and whoever supports any struggle against crimes committed by countries of the global north, ceased a long time ago to be impressed by symbolic actions. Actions against rogue states only are meaningful if they have an operative side to them.
The operative actions suggested by the ICJ are basically a demand from Israel to submit, in one month’s time, a report on measures taken to prevent genocide in Gaza. No wonder, the Israeli government has already hinted that such an assignment would not be high on its agenda and, most importantly, would not have any impact on its policies on the ground.
Even if the ICJ would have demanded, as it should have, a ceasefire, it would have taken quite a while to implement it, given the Israeli intransigence. But the message to Israel would have been clear – and effective.
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This effort can be intensified by pushing in two directions. On one hand, we should exert more pressure on the governments of the global south to be more active, particularly in the Arab and Muslim worlds. On the other hand, we should find better ways to increase the electoral pressure on our representatives in the global north.
There is no need to tell the Palestinian Resistance what to do to defend itself and its people. There is no need to tell the liberation movement how to strategize for the future. Wherever they are, Palestinians who are involved in the struggle will continue to persevere and be resilient. What they truly need is for any external effort to be more effective, realistic and bold.
One can not but admire what the solidarity movement with Palestine has already achieved, especially in the last three months.
However, if its loyal and committed activists needed an additional reason for why what they are doing is essential and just, then the ICJ’s ruling is a chilling reminder of what is at stake here.
If there is hope to stop the genocide all over historical Palestine, it lies in the ability of the global civil society to take the lead. Because it is far too obvious that governments and international bodies are unwilling or unable to do so.