South Africa's case of genocide at ICJ panicked Israel internally, globally

By Fatih Ulas

ISTANBUL (AA) – Israel is currently in a state of panic after South Africa's genocide trial against Israel began at the International Court of Justice (ICJ), which should not be confused with the International Criminal Court (ICC), a Turkish academic and practicing lawyer said, clearing up any confusion about the trial against Tel Aviv.

Zeki Ariturk, an advocate and researcher at Istanbul Rumeli University's Faculty of Economics, Administrative and Social Sciences, noted that the ICC founded treaty, called the Rome Statute, which is the judicial body of the UN, also headquartered in The Hague, Netherlands, and may exercise jurisdiction in a situation where genocide, crimes against humanity or war crimes were committed on or after July 1, 2002, and the crimes were committed by a State Party national, or in the territory of a State Party.

Ariturk said such a case against Tel Aviv was previously initiated after Israel launched an attack on Gaza on Dec. 27, 2008, under the name "Operation Cast Lead," and evidence of the crimes committed was presented until Oct. 7, 2022, but no progress was made.

Even though all evidence of crimes in Gaza was presented, the ICC was unable to move forward due to Israel's lobbying, he lamented, adding, "Until now, no international law court has witnessed the trial of even an Israeli private, let alone the State of Israel."

"They could not be tried anywhere," Ariturk believed while blaming some international players who supported Israel on Tel Aviv's lobbies and connections, allowing the country to "get away with everything" it has done in the past.

"No progress has been made in the situation that has been going on at the ICC since 2009," said the academic.

However, this time, the ICJ has taken prompt action and set a hearing date, and "the importance of this case is that the state of Israel is being tried," Ariturk said.

"We are talking about a state that has been involved in many international crimes, raped and murdered children, killed civilians, and despite the presence of many civilian and military officials, no action has been taken, and this state is currently being tried before the conscience of the world public opinion," he said, describing it as "an incredible situation for them."

- Nature of preliminary deliberation

He underlined that the case at the ICJ is still in the preliminary stages of determining whether an urgent injunction should be issued to stop Israel's armed actions, and that no trial has yet taken place.

Ariturk criticized Israeli representatives for attempting to justify genocide by citing self-defense, despite South Africa's pieces of evidence of genocide, as well as reports from 15 UN special working groups and 21 UN observers, presented at the hearing on Thursday. Israel attempted to portray itself as the aggrieved party and even accused South Africa of failing to act in solidarity with Israel.

At the ICJ, Israel has begun to account for the cruelty it has committed for over 70 years, the people it has massacred, and the innocent children, Ariturk said, adding, "Israel is currently in a state of panic, both internally and externally. It did not expect this.”

Israel believed that the case could not be filed against it because it appeared unacceptable, he said.

On the first day of the hearing, Israeli Prime Minister Benjamin Netanyahu said in his statement that Tel Aviv has no intention of annexing Gaza or harming civilians, the academic said, adding, "He (Netanyahu) made the statement opposite to his previous statements.”

"The only reason why there is a difference of 180 degrees between this previous statement and the last one issued on the first day of the hearing, was that they are being tried at the ICJ, and if they get a punishment this time, they will be invincible, a perception that they have created for 70 years, will be destroyed."

Ariturk said it has become clear to the world public opinion that Israel is a "paper tiger, a state that had lost its meaning and that has a cruel nature."

- Sanctions by states

Nothing that the ICJ ruling is binding and that this decision will be sent to the UN Security Council, Ariturk said if one of the five permanent members (US, Russia, China, France, and England) vetoes this verdict, it will be invalid. However, when it reaches the UN General Assembly, states will be required to impose legal sanctions on Israel.

Therefore, the ICJ decision is so important that, according to leaked White House information, the US would abstain from voting in that case rather than reject it, bringing the decision to an acceptable point for Washington.

He said the "Convention on the Prevention and Punishment of the Crime of Genocide" imposes on states the following obligation: "Although there will be no military intervention, states may close their ports to Israel and stop trade."

"The states have the authority to prevent Israeli citizens from entering their respective countries. They have the right to halt the flow of international funds. They can impose numerous sanctions like this, and as a result, Israel will become isolated in the world. Suddenly, its banking-based economy will be disrupted, reducing Israel's chances of survival," he said.

- Anadolu photographs as evidence of genocide

Referring to the life story of Professor John Dugard, one of the lawyers representing the South African side in the case, Ariturk said his grandfathers were among those in power during the racist Apartheid regime when the Netherlands and the UK exploited South Africa.

He underlined that Dugard, who is of Jewish descent, is an anti-Israeli human rights defender and an important activist, stressing the importance of the 82-page report he and his team prepared for the case at the ICJ.

Ariturk, who was one of the founders of Anadolu's legal consultancy and a former employee of the institution, expressed pride in the fact that many photographs of Anadolu were presented as evidence in the case by Dugard's team.

The Israeli army announced the conscription of 360,000 reservists in the ongoing war against the Gaza Strip on Oct. 7, while the ground operation began on Oct. 27.

As of early Friday, the number of officers and soldiers killed in the ranks of the army since the beginning of the war hit 520, including 186 since the start of the ground war in Gaza.

*Writing by Merve Berker