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ICJ Ruling on Gaza Strip: Landmark Decision With Profound Implications, Says SA Expert

© AP Photo / Ariel SchalitSmoke rises following an Israeli bombardment in the Gaza Strip, as seen from southern Israel, Saturday, Dec. 16, 2023.
Smoke rises following an Israeli bombardment in the Gaza Strip, as seen from southern Israel, Saturday, Dec. 16, 2023.  - Sputnik Africa, 1920, 29.01.2024
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On Saturday, the International Court of Justice (ICJ) ruled on provisional measures requested by South Africa in its case against Israel for alleged genocide in Gaza. The court ordered Israel to take urgent measures to prevent acts of genocide and ensure the flow of humanitarian aid to the Palestinian enclave.
The implications of the ICJ's recent decision to order Israel to take measures to prevent acts of genocide in Gaza are "profound" and mark a pivotal moment in recent history as it holds the state of Israel accountable for its violations of international humanitarian law, said Dr. Oscar van Heerden, Senior Research Fellow at the Centre for African Diplomacy and Leadership at the University of Johannesburg in South Africa.

"With this ruling finding in favor of the South African application has meant that for the first time in recent history, the state of Israel and its government is being held to account for its misdeeds and for its violation of international law. And it should be welcomed," Dr. van Heerden told Sputnik Africa in an interview.

Regarding the ICJ's directive on military operations in the Gaza Strip, Dr. van Heerden clarified that although the court did not explicitly use the term "cease all military operations," the wording within the ruling effectively implies that Israel must halt all military actions against the people of Gaza.

"When you look at the provisions under section two [mentioned in the ICJ ruling], it is tantamount to saying: 'Israel must cease all military operations against the people of Gaza', even though the court in its wording did not say it in such explicit ways," the expert explained.

Dr. van Heerden highlighted the importance of closely monitoring how the Israeli government and the Israel Defense Forces (IDF) will respond to this binding decision, emphasizing the need for compliance with the ICJ's orders.
A pro Palestinian activist holds a banner and waves a Palestinian flag as he demonstrates following the International Court of Justice (ICJ) ruling of the case against Israel brought by South Africa in The Hague at the U.S. Consulate in Johannesburg on January 26, 2024. - Sputnik Africa, 1920, 27.01.2024
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Referring to last week's International Holocaust Remembrance Day, Dr. van Heerden emphasized the need for introspection within the Jewish community, both in Israel and around the world.
He acknowledged the diversity of views within the Jewish population, with many expressing opposition to the actions of the government of Israeli Prime Minister Benjamin Netanyahu, while at the same time recognizing the ongoing conflict as a matter of concern for all parties involved.

"As you know, many, many Jews, are "anti" what the state of Israel is doing in Gaza, they are opposed to this war. [It] does not mean that they agree with the attack of Hamas on October 7, but they are basically saying, we are not going to allow Israel and the far right government of Israel to do what they are doing in Gaza in our name," van Heerden said.

In addressing the broader significance of such historical tribulations, Dr. van Heerden stressed the importance of remembering past acts of genocide to prevent their recurrence in the future.
Citing South Africa's empathy with the Palestinian experience based on its own history of oppression and struggle against apartheid, he highlighted the shared understanding of the plight of the Palestinians in Gaza and the West Bank, urging the international community to remain vigilant in preventing similar atrocities.

"And so for countries like the US and Germany who now support a rightwing government in Israel that is doing similar atrocities, or be it on a much smaller scale, but similar atrocities, is unfortunate," the South African researcher concluded.

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