By Shahrokh Saei

Israeli coup against international law

May 25, 2024 - 20:21
Why is the US reluctant to pressure Israel to halt the Gaza onslaught?

TEHRAN- Israel has scaled up brutal attacks in the Gaza Strip despite an order by the International Court of Justice directing the regime to halt its military operations in Rafah.

The Israeli army has carried out deadly strikes across the Palestinian territory, including in Rafah, in defiance of the top UN court’s order.

The ICJ ruled on Friday that Israel must "immediately halt its military offensive and any other action in the Rafah Governorate which may inflict on Palestinian groups in Gaza conditions of life that would bring about its physical destruction in whole or in part."

The order is part of an ongoing genocide trial brought by South Africa against Israel late last year for its brutal onslaught on Gaza. 

Israel launched an offensive in Rafah, Gaza’s southernmost city, on May 6 despite global warnings about an ensuing humanitarian catastrophe there. 

More than half of Gaza’s 2.3 million population had been crammed into Rafah before Israel carried out the assault. They had fled Israeli strikes from other parts of the territory. Over the past weeks, hundreds of thousands of Palestinians have been forced to leave Rafah as Israel is expanding its offensive. The United Nations has warned that the displaced Palestinians lack shelter, food, water and other essentials.

Israel has killed nearly 36,000 Palestinians in Gaza and wounded more than 80,000 others since declaring war on the territory on October 7.

The Friday ruling marked the third time this year that the ICJ, known as the World Court, has issued preliminary orders seeking to reduce deaths and suffering in Gaza.

The United Nations, the EU and many countries have welcomed the ICJ ruling.

ICJ orders are binding

UN Secretary-General Antonio Guterres said the ICJ rulings are binding.

"The Secretary-General recalls that ...decisions of the International Court of Justice are binding, and he trusts that the parties will duly comply with the order from the court," his spokesman Stephane Dujarric said. 

The EU foreign policy chief also asked Israel to implement the ICJ’s ruling.

 “ICJ orders are binding on the Parties and they have to be fully and effectively implemented,” Josep Borrell wrote on X. 

Spain demands ceasefire

The top Spanish diplomat also demanded Israel implement the ruling. 

The ICJ’s “precautionary measures, including the cessation of Israel’s offensive in Rafah, are mandatory”, Spanish Foreign Minister Jose Manuel Albares said on X. 

“We demand its implementation. Also the ceasefire, the release of the hostages and humanitarian access. The suffering of Gazans and the violence must end,” he added. 

The Elders group of world leaders also took a jab at countries that arm Israel. 

 Zeid Ra’ad al-Hussein, a member of the group and former UN human rights commissioner, said these states have “particular responsibility to ensure they are not complicit in any violation of the Court’s order”.  

He added, “Israel has a legal obligation to implement all the ICJ’s provisional measures in full.”

Netanyahu blasts ICJ

However, Prime Minister Benjamin Netanyahu called the ICJ order “false, outrageous and disgusting”.

Israel’s intensified attacks in Gaza and its offensive comments against the ICJ brought the regime’s blatant disregard for international law to the fore. 

Israel’s offensive behavior toward international organizations is becoming a regular occurrence. 

Earlier this month, Israeli Ambassador to the United Nations Gilad Erdan pulled out a paper shredder at the podium of the General Assembly and shredded a copy of the UN Charter. He wanted to vent his anger at the assembly’s resolution in support of Palestinian membership in the UN.

Netanyahu has also lashed out at the International Criminal Court's prosecutor for seeking arrest warrants for him and war minister Yoav Gallant over committing war crimes and crimes against humanity in Gaza. 

The Israeli prime minister also made a blistering attack on Norway, Spain and Ireland after they announced that they will formally recognize Palestine as a state later this month. 

In the past weeks, several European Union countries have indicated that they plan to make the same move which could deepen Israel's isolation.

Although such measures by European countries are the right step in the right direction, they should also take practical actions to force Israel to recognize the inalienable rights of Palestinian people.  

Such developments come as Netanyahu insists on continuing the Gaza war. 

The premier says the Israeli army’s offensive in Rafah is aimed at completing its mission of “destroying” Hamas and securing the release of captives. 

However, the US and Israeli intelligence have acknowledged that Israel will fail to defeat the resistance group. 

A new poll conducted by the Midgam polling institute for Israel’s Channel 12 also revealed that 67 percent of Israelis believe Netanyahu is not doing enough to free captives held in Gaza.

Presently, Netanyahu only wants to prolong the Gaza war to remain in power. This is because he is facing immense pressure over his failure to prevent the Hamas’ October 7 surprise military operation which was followed by Israel’s brutal onslaught on Gaza. 

Although Netanyahu is responsible for continuing the war, US President Joe Biden is a phone call away from ending the carnage in the besieged Palestinian territory. 

UN institutions such as the ICJ have no police force or judiciary mechanism to enforce their orders.  Hence, they cannot force Israel to stop massacres in Gaza. 

But, the UN Security Council has the power to enforce rulings like the one issued by the ICJ on Friday.  

Biden could call Netanyahu and tell him that the US would not use its veto power against anti-war resolutions at the Security Council. Hence, Israel would immediately abide by the ICJ ruling and bring an end to the Gaza war. 

The US has made critical remarks about Israel’s war on Gaza but it has not taken any practical measures to stop it. 

A glance at comments made by Israeli Finance Minister Bezalel Smotrich can shed light on Washington’s ulterior motives.  

In response to the ICJ ruling, the far-right minter said,  "Those who demand that the State of Israel stop the war demand that it decree itself to cease to exist. We will not agree to that."

Smotrich’s statements clearly indicate that Israel’s existence depends on war and the slaughter of Palestinians. Unsurprisingly, the US uses all available means to protect the apartheid regime. In the eyes of American politicians, this justifies Washington’s unwavering military and political support for Israel. 

Nonetheless, as Israel is sinking deeper into the quagmire of the Gaza war in the face of growing Palestinian resistance, the US is becoming more isolated over its support for this bogus entity.  


 


 

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