Professor of International and Comparative Law at Ohio University in the United States, John Quigley, said that the international community must take a firm stance if Israel refuses to comply with the decisions of the International Court of Justice regarding its war on the Gaza Strip.
According to Anatolia Agency, the American academic did not rule out that the court would ask Israel to withdraw its forces from Gaza as a precautionary measure, as it did in the lawsuit filed by Ukraine against Russia, where the court ruled that Moscow should withdraw its forces from Ukraine.
Quigley said – in an interview conducted with Anadolu Agency regarding the lawsuit filed by South Africa against Israel before the International Court of Justice on charges of committing genocide against the Palestinians in Gaza and the judicial decisions that may result from it – that the court may issue an injunction against Israel, which means a decline. Political and military support for Tel Aviv around the world.
He expected the court to issue interim decisions after hearings in the case.
Israel’s position is weak
Quigley criticized what was stated in the pleadings of Israel’s defense team before the court, and described the pleading he presented as weak, noting that a large part of it focused on issues unrelated to the legal issues in question, especially when he held the events of last October 7 responsible for what Israel is doing. in Gaza.
He said that states generally resort to this type of action when they do not have strong legal arguments, and added, “As the lawyers assigned to South Africa pointed out in the first day’s session, responding to an attack cannot be a justification for committing atrocities that amount to genocide.” “.
The American academic stated that Israeli Prime Minister Benjamin Netanyahu’s statement that the case before the International Court of Justice cannot stop the attacks on Gaza was in violation of international law.
Quigley explained, “Netanyahu indicated his government’s unwillingness to comply with court decisions related to temporary measures, and this is the first time I have seen a prime minister issue such a statement.”
He added, “If Israel does not abide by the court’s decisions, the reaction of the international community will have an important impact, especially with regard to Israel’s status and legitimacy in United Nations bodies.”
America may not use its veto
Regarding what might result from Israel’s refusal to comply with decisions that the court may issue, Quigley said, “If Israel does not adhere to the interim measures, a request can be submitted to the United Nations Security Council, but in this case there is a possibility that the United States will use its veto power to protect it.” .
Quigley stressed that “the United States is under pressure that may prevent it from using the veto, as it will be seen as complicit in Israel’s practices in Gaza, and therefore it is possible that it will abstain from voting on the resolution instead of using its veto power.”
He said that if the Security Council does not move to oblige Israel to comply with the resolution if it is issued, the case file may go to the United Nations General Assembly, and the latter’s decision may recommend that countries take diplomatic measures against Israel that may amount to withdrawing ambassadors, imposing economic sanctions, or refraining from dealing with Tel Aviv. Aviv.
On December 29, South Africa filed a lawsuit before the International Court of Justice, accusing Israel of committing genocide in the Gaza Strip, which has been subjected to continuous Israeli aggression for more than 3 months, which led to the death of more than 21,000 Palestinians and the wounding of more than 21,000 Palestinians. Another 61 thousand residents of the Gaza Strip.
On January 11 and 12, the court held two public hearings in The Hague to consider the lawsuit. In the first, it heard the arguments of the South African legal team, and in the second, the arguments of the Israel defense team.
