The decision of the International Court of Justice is of great importance in Israel, Martti Koskenniemi estimates
Today, Friday, the International Court of Justice (ICJ) issued an interim decision in the case accusing Israel of genocide.
The ICJ did not order Israel to stop hostilities in Gaza, but obliged it to take measures to prevent genocide.
Among other things, the court ordered Israel to allow humanitarian aid to Gaza and to punish Israelis who publicly incite genocide.
Emeritus Professor of International Law and Academician Martti Koskenniemi considers the ICJ’s decision legally well-founded.
– I think this was an important decision. Both in terms of content and because it was almost unanimous, Koskenniemi tells .
The academic emphasizes that it was pointless to wait for a cease-fire demand for Gaza from the ICJ.
– The jurisdiction of the court here is based on the mass destruction agreement, and it could only pronounce on what the mass destruction agreement requires here, Koskenniemi clarifies.
But what is the practical significance of this decision?
The court’s interim rulings are legally binding, but it is unclear whether Israel would comply with them.
It is significant that the decision calls for specific actions that Israel must take, such as securing aid shipments to Gaza, Koskenniemi estimates.
– I believe that the decision will be followed in this regard. However, it does not require that Israel should stop its military operation.
According to Koskenniemi, the decision also has an impact in Israel.
– Israel is still largely a rule of law state. There are an extraordinary number of lawyers in Israel who have been concerned about these bombings in Gaza, and the fact that they violate humanitarian law. Strong support is given here to that part of Israel who are concerned and who want that [pääministeri Benjamin] Netanyahu begins to act in this matter in accordance with the legal rules.
It is also significant that the judge appointed by Israel voted with the majority of ICJ judges on two of the six points.
Aharon Barak is the former president of Israel’s Supreme Court, and he, like other judges, called on his country to stamp out hate speech and allow humanitarian aid to Gaza.
– Barak is a very important actor in Israeli politics and especially in legal politics. If he has agreed with the majority of the Supreme Court, it is really difficult in Israel to deny the justification of the decision, says Koskenniemi.