For Palestinians, the wheels of justice barely turn at all

For Palestinians, the wheels of justice barely turn at all

Asking the ICJ to decide if Israel has obligations toward the Palestinians as an occupying power is an exercise in futility -AFP
Asking the ICJ to decide if Israel has obligations toward the Palestinians as an occupying power is an exercise in futility -AFP
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It is said that the wheels of justice turn slowly, but when it comes to holding Israel accountable for its countless crimes against the Palestinian people, they barely turn at all. And yet, in what seems to be a tedious and hollow exercise, Israel is once again being slammed for the criminal dereliction of its obligations as an occupying power, this time by preventing the UN and other bodies from delivering aid to Palestinians in Gaza and the West Bank.

This week, the UN’s highest court, the International Court of Justice, began hearings at the request of the UN General Assembly to determine whether Israel is hindering the delivery of aid to Palestinians in violation of the UN Charter and international law. The request for an advisory opinion was made last December. Still, the convening of the 15-member panel of judges this week comes almost two months after Israel banned all kinds of aid and humanitarian assistance from entering the Gaza Strip.

In January, Israel implemented laws that banned UNRWA, the UN body responsible for millions of Palestinian refugees in the Occupied Territories, including East Jerusalem. Most affected are the 2 million-plus Palestinians in Gaza, where tens of UNRWA schools, health centers and offices have been bombed by Israel, including those used as civilian shelters.

Dozens of countries and organizations will present their cases against Israel at The Hague. Israel has refused to attend, describing the court as having a political bias against it. Foreign Minister Gideon Saar described the hearings as a “circus” and said “it is not Israel that should be on trial.” Instead, a US delegation will defend Israel and refute the charges against it before the court.

The judges will be presented with plenty of evidence of Israel’s aid blockade and its devastating effect on civilians in Gaza

Osama Al-Sharif

Palestinian Ambassador to the Netherlands Ammar Hijazi accused Israel of “weaponizing aid.” Saudi Arabia’s representative, Mohammed Saud Alnasser, condemned Israel for defying international rulings and committing severe human rights violations.

The International Court of Justice issued a ruling in January 2024 that ordered Israel to take immediate steps to prevent and punish any public incitement to commit genocide against Palestinians in Gaza and to preserve evidence related to any genocide allegations. The court also mandated that Israel improve the humanitarian situation for Palestinian civilians in Gaza.

And in November last year, the International Criminal Court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of war crimes related to Israel's war in Gaza.

But despite global denunciations of Israel’s criminal actions in Gaza and the West Bank, millions of Palestinians now face a slow and agonizing death by starvation; that is, if Israeli bombs do not kill them first. The World Food Programme has said it has run out of food to distribute in Gaza. Only one bakery remains functioning in the entire Gaza Strip. It could close any day.

The UN Office for the Coordination of Humanitarian Affairs announced this week that at least 10,000 cases of Gazan children suffering from acute malnutrition had been identified since January. Amnesty International said Israel is committing a “live-streamed genocide” against Palestinians in Gaza by targeting critical infrastructure, displacing most of the enclave's inhabitants and depriving them of lifesaving aid.

Speaking before a UN Security Council open debate on Palestine, Secretary-General Antonio Guterres said he was “alarmed” by statements from Israeli officials suggesting aid could be used as leverage. “Aid is nonnegotiable,” he asserted, adding that “Israel must protect civilians and must agree to relief schemes and facilitate them.”

The court’s judges will be presented with plenty of evidence of Israel’s aid blockade and its devastating effect on civilians in Gaza. The court will see how Israel is indeed using aid and starvation as weapons of war.

However, the court will take its time before giving its advisory opinion on the charges against Israel. Meanwhile, people are dying and the world is watching the deliberate mass starvation and dehumanization of Palestinians unfold.

It is not a coincidence that Israel’s violations as an occupying power dominate the deliberations and resolutions of the UNSC and the UNGA. What is ironic, though, is that while a UN resolution created Israel, its leaders continue to accuse the organization and its agencies of bias.

Israel has become one of the most notorious members of the international community through its brazen disregard for international law and insistence that it is always the victim and never the guilty party.

Under Netanyahu, Israel has become so arrogant that it does not shy away from putting itself above the law

Osama Al-Sharif

Its constant trampling of UN resolutions and international conventions and treaties has undermined the world order. Its reliance on America’s blind support and patronage has damaged the US’ status as a guardian of the world order, while turning Israel into a pariah state.

In addition to the continued attacks on international bodies and officials, under Netanyahu, Israel has become so arrogant that it does not shy away from putting itself above the law. Any condemnation of its unlawful practices in the Occupied Territories is immediately dismissed via arrogance and accusations of antisemitism.

Asking the International Court of Justice to decide if Israel has obligations toward the Palestinians as an occupying power is an exercise in futility. There are reams of UN resolutions that recognize the West Bank, Gaza Strip and East Jerusalem as occupied territories.

It was the same court that determined last July that the Palestinian territories constitute one political unit and that Israel’s 1967 occupation and subsequent creation of Jewish-only settlements and exploitation of natural resources contravene international law.

What is needed is not another advisory opinion about Israel and the Palestinians. The world knows that Israel is violating the law and that its 18-month war on Gaza is genocidal. Israel is pushing ahead with ethnic cleansing, the forced transfer of people and mass starvation. It has deliberately targeted civilians, especially women and children. It is using torture against Palestinian prisoners. It is killing aid workers and medics.

One does not have to look very far to find evidence that incriminates Israel. All one has to do is listen to what Netanyahu, his extremist and racist ministers and his top generals are saying every day.

The world has failed the Palestinians and caved in to Israeli threats and intimidation. Palestinians will not find justice in any court anytime soon, and Israel knows it.

  • Osama Al-Sharif is a journalist and political commentator in Amman. X: @plato010
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