Yoav Limor
Israel Hayom, Jan. 8, 2024
“Barak’s challenge will not be simple. South Africa has prepared a serious indictment, relying in part on a host of statements by Israeli public figures who called to destroy / demolish / crush / depopulate Gaza.”
The decision to send former Chief Justice Aharon Barak to represent Israel at The Hague’s International Court of Justice is nothing short of dramatic. It underscores the extent of the legal and public relations problem our country is in, prompting the government to ask one of its greatest detractors to represent it in the hearing.
The hearing itself, which will take place this Thursday and Friday following the petition filed by South Africa, is more significant than what Israeli public discourse has made it out to be. In fact, it may be the most dangerous hearing Israel has ever faced. It takes place at the International Court of Justice in The Hague (not the International Criminal Court), based on the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Israel has of course signed this convention, which has its roots in World War II and the Holocaust, as well as the article that allows any country to sue even if it is not a direct party to the conflict – as South Africa has done. This is also why Israel is participating in the hearing and not boycotting it, as it has done in the past regarding hearings in the International Criminal Court.
The court hears petitions in a full panel of 15 judges from different countries. The hearings themselves last for years, but South Africa also requested a temporary remedy – an order for Israel to stop fighting immediately. The chances of success for such a request are unclear, and the court can also hand down a more lenient ruling instructing Israel to stop actions that endanger civilians, which has the same practical meaning.
Such an order has no direct bearing on Israel, but it could have some countries cite it at the Security Council in their effort to impose military and economic sanctions on Israel. It is also likely that various countries and organizations will see it as confirmation that Israel is committing genocide against Palestinians and use it as a pretext to sever political and economic ties.
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