The genocide case that has been brought against the state of Israel and the request for an arrest warrant for the Israeli prime minister, by the ICC chief prosecutor has shaken up our international order. The devastating war in Gaza that has been ongoing has resulted in numerous calls for accountability for the perpetrators of the deprivation that has spread across Gaza.
The Israeli war in Gaza has, so far, seen Palestinian civilians that have been caught in the crossfire, bearing the brunt of the conflict between Israeli forces and Hamas militants. Whether it be the internal displacement of millions of Palestinians within the Gaza Strip or the thousand of Palestinians that have been killed as a result of Israeli air strikes on the small enclave.
Last weeks news of an Israeli air strike that hit a UN school, which led to the deaths of around 40 people who had been sheltering in the school had been dominating the headlines. The Israeli forces in response have claimed that the strike had been carried out, to hit Hamas targets that had been in the area. However, the strike has seen the deaths of numerous civilians, including children, who had been sheltering in the school.
This attack on a civilian facility, a school operated by the United Nations, adds to the long list of civilian centres that have fallen victim to Israeli attacks. The Israelis have always fervently argued that the only reason why they have attacked civilian areas is because Hamas operatives hide within civilian areas. They frequently point the finger for the devastation we have witnessed, at Hamas militants for hiding behind civilians.
Now, it has been reported that, it is often the case that Hamas militants have sought to seek refuge among civilians to deter attacks against them by Israeli forces. However, even if that is the case, that doesn’t necessarily mean that bombing a school housing civilians is acceptable, if it means a few Hamas militants would be killed as well.
It is worth mentioning that an unfortunate reality of war is that civilian casualties do often occur. That is the sad reality of war. It is hardly ever the case that military actions can simply occur in a vacuum between military forces without civilians suffering. Likewise, on the African continent, the war in Sudan is an example of the disastrous effects war can have on a civilian population.
This is the sort of calculation, of whether a military action is worth implementing, knowing the harm it would bring to civilians is something that militaries have to grapple with. However, it has looked as if the Israeli military has in many cases chosen to go ahead with actions despite the risks they pose to civilians.
The recent strike in the UN school is just the latest example of this phenomenon. Another recent example was the Israeli strike on a refugee camp in Gaza, which had caused a large explosion and caused a massive fire. The attack on the refugee camp saw the deaths of at least 45 people, according to the BBC. Or the strike on the aid convoy of the World Central Kitchen, that resulted in the deaths of the organisation’s staff.
These are just recent examples of numerous strikes that have led to the deaths of thousands of Palestinian civilians. These sorts of actions and decisions that have been made by Israeli authorities should be able to be held accountable similarly is any other nation. It cannot be that such attacks that result in the deaths of so many civilians should go unpunished.
Therefore, the recent attacks on international organisations such as the International Court of Justice (ICJ) and the International Criminal Court (ICC) are very concerning. Following the application for the arrest warrant for Israeli Prime Minister, Benjamin Netanyahu, and his defence minister, Yoav Galant, there have been genuine attempts made to sanction the ICC by members of the United States House of Representatives.
Likewise, the genocide case brought by South Africa, at the ICJ, against Israel has been met with similar scorn and dismissal. Despite the fact that the court has so far ruled that there may be the possibility of a potential genocide taking place. Moreover, the ruling by the ICJ ordering Israel to halt its offensive in Rafah has so far been ignored by Israeli forces.
What kind of message does this send to the international community? Is the Israeli state somehow above being held accountable? Why should sanctions be placed on the ICC for investigating Netanyahu and Yoav Galant? Just because it is politically unpopular in the United States? If that is the case why should the arrest warrant that has been put out for Vladimir Putin be respected?
It cannot be that we are living in some kind of two-tiered justice system where politics plays a major role in determining who gets prosecuted or not. International law should be respected by everyone. When African leaders have been found guilty of orchestrating crimes against humanity, many have been prosecuted by the International Criminal Court. Why should it be different with an Israeli government official?
I am not even advocating for Israel to be punished or Netanyahu to be arrested. There should be investigations done, where either side should be able to prove their case. Then, whatever result is found, based on the evidence presented, should be respected. Just like it should be with every other nation.
These organisations are put in place in order to protect all of us, regardless of nationality. For people in countries that have bad human rights records and less adherence to democratic principles, organisations like the ICJ and the ICC are vital in preserving human rights of all people. These international organisations serve as a deterrent to governments from taking part in human rights violations. Likewise, these organisations serve as a accountability mechanism for people who have fallen victim to such abuses at the hand of their governments or foreign authorities.
It is vital, that governments are held responsible for their actions, regardless of whatever nationality they may hold. If crimes against humanity are committed, they should be investigated and prosecuted. We cannot live in a world, where heinous acts are tolerated only depending on the nationality of the perpetrators. Therefore, these attempts to undermine these international organisations are something that should be taken with the utmost seriousness. In this case, it is aimed at preventing accountability for the people in the Gaza Strip, but on another day, it could be for any of us.
