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The International Court of Justice on Trial

Peter Berkowitz
Real Clear Politics, Jan. 25, 2024

“South Africa’s warping of facts and law, according to Becker, comprised several elements. South Africa delegitimized Israel as the nation-state of the Jewish people, assigned virtually all blame for the Israeli-Palestinian conflict to Israel, suppressed Hamas’ responsibility for Gaza poverty, and obscured the Israeli victims’ humanity.”

Yesterday, less than two weeks after the conclusion of its public hearings concerning the charges of genocide South Africa brought against Israel, the International Court of Justice in The Hague announced that it will issue an interim decision tomorrow. The ICJ will rule on whether to grant emergency measures to restrain Israel’s military operations in Gaza. A final decision concerning the entirety of South Africa’s complaint could take months or even years.

Nevertheless, with its impending judgment, the ICJ is on trial. If it fails to reject South Africa’s scurrilous accusation, the ICJ should lose what legitimacy it possesses, at least among men and women around the world who respect facts, the rights of nation-states to defend themselves against barbaric aggression, and the rule of law.

In late December, South Africa submitted an application to initiate proceedings against the Jewish state. South Africa demanded that Israel suspend military operations against Hamas on the grounds that the Jewish state was violating multiple provisions of the 1948 Genocide Convention. … [To read the full article, click here]

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