Hoping for order to cease operations in Gaza

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

Opinion

It is interesting to analyse the situation whereby South Africa is taking Israel to the International Court of Justice, for alleged war crimes against Gaza.

It is surprising to many that instead of ignoring the authority of that international body, Israel is going to defend itself. However, any findings may take up to two years — especially with tactical legal delays.

The South African prosecutors of the genocide charges are pinning their hopes on the ICJ issuing an injunction against Israel, which might force it to cease its operations against the Palestinians.

However, Al Jazeera has interviewed several legal experts from the Hague who agree that even getting a conviction for genocide is not straightforward — in fact, there has never been such a conviction in any court.

In so far as issuing injunctions such as mentioned, the ICJ has not had much luck with them either, according to a former judge who once sat in that court. He told Al Jazeera the ICJ had issued several such injunctions relatively recently, including to Russia and Myanmar, only to have them totally ignored.

Even the South African prosecutors have admitted that the only effect such an order would have on Israel would be through public condemnation after it might have been ignored. Most legal experts interviewed agreed that whatever orders were issued by the ICJ, there was no actual way to enforce them.

Dennis Pennefather