I YEAR SINCE ISRAEL’S GAZA GENOCIDE, CAN LEGAL MEASURESEND THE BLOODSHED?

By Ml. Luqman Skink, INX Prime News and Current Affairs Editor

As the world marks 1 year since October 7, Israel’s bombardment of Gaza continues. Gaza’s health ministry has put the official death toll at close to 42,000, including more than 16,000 children. 96,625 others have been injured in the ongoing attacks, and most of Gaza’s 2.3 million people have been displaced.

The intense suffering endured by the people of Gaza has continued largely in front of us and many times, livestreamed on social media. Israel’s relentless bombardment has devastated about 70 percent of Gaza’s infrastructure and laid waste to vast tracts of the tiny Palestinian territory, which is also one of the most densely populated places on the planet.

Legal Measures and International Lawsuits

The scale of war crimes committed by the Israeli army in Gaza includes crimes against humanity, such as mass starvation and the indiscriminate bombing of Gaza’s mosques, schools, hospitals, and homes. Israel has increasingly been isolated by the international community, as seen with the mass walk-out during Prime Minister Netanyahu’s General Assembly address at the United Nations.

With no end in sight, we revisit lawsuits launched at the ICJ and ICC against Israel. We posed this question to lawyer and member of the Palestine Solidarity Campaign, Dominique Pereira.

Israel’s Attacks Have Increased Since Legal Matters Were Launched

Speaking to INX Prime, Pereira explained that provisional orders requested by South Africa in its genocide case against Israel asked the ICJ to issue orders to Israel to halt its assault on Rafah and to open the Rafah crossing to allow for the safe passage of humanitarian aid into Gaza. "Israel has to date not adhered to any of these orders," Pereira said.

Additionally, the UN called upon the ICJ to decide on the legality of Israel’s occupation of Gaza, the West Bank, and East Jerusalem. The court ruled that Israel’s occupation was illegal and ordered its cessation, the dismantling of illegal settlements, reparations to displaced Palestinians, and the return of Palestinian refugees. However, Pereira observed that Israel has only intensified its attacks since the ruling.

Netanyahu, Gallant Arrest Warrants

Pereira also pointed out that since ICC Chief Prosecutor Karim Khan formally applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and six others, no significant action has been taken. These officials are being investigated for war crimes and crimes against humanity, including using starvation as a method of war.

Can the ICC Hold Israel Accountable?

When asked whether Israel can argue that, since it is not a signatory to the Rome Statute, the ICC has no jurisdiction, Pereira explained that the court could challenge Israel on the basis that the crimes took place on Palestinian land, which is a signatory. "The occupying power should be held accountable for its actions," Pereira said.

Who Will Enforce ICJ Rulings?

Pereira highlighted the difficulty of enforcing ICJ rulings, pointing to the rapid issuance of arrest warrants for Russian President Vladimir Putin and the indictment of several African leaders. She noted that the United Nations Security Council holds the power to pass binding resolutions, but "the buck stops there" when powerful nations like the USA continue to use their veto to protect Israel.

Solidarity and Protests

In a march to mark the one-year anniversary of the Gaza genocide, pro-Palestinian supporters in Cape Town handed a memorandum to parliament demanding the implementation of UN conventions against apartheid and boycotts. The Palestine Solidarity Campaign called for immediate enforcement of the 1976 International Convention on the Suppression and Punishment of the Crime of Apartheid, ratified by South Africa earlier this year.