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The Jerusalem Post

Moral bankruptcy: The world chooses to sustain Hamas monsters - opinion

 
Protests near the ICJ in the Hague as Israel and South Africa face each other in Gaza genocide case (photo credit: REUTERS/THILO SCHMUELGEN)
Protests near the ICJ in the Hague as Israel and South Africa face each other in Gaza genocide case
(photo credit: REUTERS/THILO SCHMUELGEN)

The ICJ ruling on Rafah is ensuring a future with Hamas's terrorism.

The International Court of Justice (ICJ) in The Hague has issued an order to stop Israeli military operations in the Rafah area. The order, which targets the State of Israel, carries severe implications for the country.

Today's hearing was not at the International Criminal Court (ICC) but at the ICJ. The ICJ is the judicial arm of the United Nations (UN), with all UN member states, including Israel, as members. The ICJ has two primary functions: issuing judgments in disputes between states and providing advisory opinions at the request of the UN General Assembly or the UN Security Council. While advisory opinions are non-binding, judgments or orders in state disputes are binding.

In this case, South Africa and other countries filed a lawsuit against Israel, falsely alleging "genocide" in the Gaza conflict. Today's ruling addressed a request to halt the war in Rafah, which South Africa amended to encompass the entire Gaza Strip.

The court partially accepted South Africa's request and ordered the cessation of Israeli military operations in Rafah. This decision, made before the hostages were returned to Israel and Hamas was disarmed, may be influenced by the court's composition, including anti-Israeli Lebanese judge Nawaf Salam.

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 Armed and masked Palestinians patrol and enforcing the law in the street in Rafah, in the southern Gaza Strip, March 1, 2024 (credit: ABED RAHIM KHATIB/FLASH90)
Armed and masked Palestinians patrol and enforcing the law in the street in Rafah, in the southern Gaza Strip, March 1, 2024 (credit: ABED RAHIM KHATIB/FLASH90)

The order's implications are significant. Legally, Israel is obligated to comply. However, the ICJ has no enforcement mechanism, placing the responsibility on the UN Security Council. Article 94 of the UN Charter allows states that filed the lawsuit to request the Security Council enforce the order if Israel does not comply. The Council could impose sanctions on Israel or even use force.

Potential warrants against Israeli leaders

This ICJ decision might affect the ICC's decision on international arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant and could exacerbate rising antisemitism worldwide.

On a personal note: While international judicial institutions are morally bankrupt, our enemies still hold our brothers and sisters in Gaza's terror tunnels. After the October 7 massacre, where Jews were tortured, slaughtered, and burned, and Jewish women were raped as a war tactic, the world chooses not to combat this evil but to target Israel.

Instead of disarming Hamas and securing the hostages' release, which would immediately end the war, the world ensures the continued existence of Hamas monsters.

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