South Africa's lawsuit against Israel represents "a global legal battle against injustice, occupation, the problem of illegal settlements and colonialism" and will remain "a symbol of the victory of the principles and norms of international law and ethics, and of human conscience that prevails over strong-arm politics," Palestine's Minister of Justice Muhammad al-Shalalda, told Sputnik.
“The decision to take temporary measures against Israel is an exposure of a de facto apartheid state and a legal blow to Zionist thought, this lawsuit asserts the primacy of international law and the UN Charter,” al-Shalalda stated.
The speaker explained that the temporary measures taken by the ICJ are aimed at preventing the conflict from worsening. In addition, according to the minister, "no possible form of redress or compensation will be fully accepted until a final decision is made."
However, despite recent successes in court, the battle is not over yet: the second and most important part of the claim requires time to prove the material and moral elements of the crime of genocide in the court, the minister noted.
“[…] [If] a judgment is reached finding that Israel is legally responsible for committing genocide, it will be obligated to compensate for all damages caused to the Palestinian people,” al-Shalalda added.
The official further noted that the most important South Africa's demand — an immediate stop to military operations — was, unfortunately, not accepted by the court. However, the temporary measures "are a success for the Palestinian cause."
“[...] We thank South Africa and the judges of the International Court of Justice for their impartiality, fairness and transparency in taking these measures, which will lead to a fair trial for the Palestinian people in the future,” al-Shalalda said.
But why is Israel obliged to comply with the requirements of the ICJ? The thing is that the country is a party to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, as well as a party to the Statute of the International Court of Justice.
Thus, Israel is obligated to implement all interim measures and judicial orders issued by the court. The minister emphasized that the measures taken have “legal value at the level of a court order” and “Israel is obliged to implement and respect these measures in accordance with international law.”
“If Israel [...] does not comply with the prescribed measures, South Africa has the right to appeal to the UN Security Council, which, in turn, will take the necessary decisions to push Israel to comply with the court’s decisions,” the politician recalled.
Last but not the least, this trial will make it easier for Palestinian victims to prosecute Israel in the International Criminal Court, the minister said, adding that genocide, crimes against humanity, or war crimes have no statute of limitations.