The ICJ Dilemma: Legal Prowess or Military Power?

The International Court of Justice (ICJ) issued a ruling directing Israel to take all necessary measures to prevent genocide against Palestinians in Gaza. The reception of this decision varies, with some viewing it as a triumph and others deeming it weak, echoing sentiments expressed by South Africans. 

We need to put the valiant actions of South Africa in perspective, South Africa having been scared by apartheid felt the pain of the Palestinians and hence embarked on a court case to prove some fundamentals. 

The legal proceedings directed against Israel were characterized by a substantial presence of specialised language, encompassing terms and generalisations. Within this legal discourse, one encountered intricate jargon, exemplified by expressions such as “plausible.” Additionally, the proceedings incorporated specific terms like “provisional measures,” indicating the nuanced and provisional nature of certain mandates. Furthermore, overarching generalizations, such as the assertion that “an immediate ceasefire by all parties remains essential…..” 

However, for the legal eagles across the world who will spend hours, days and weeks if not months discussing this case we have to remember one thing. A very fundamental point is the heinous crime is still being committed. The war on Gaza is similar to the analogy where a perpetrator enters a home, committing murders, triggering the typical sequence of law enforcement involvement, legal proceedings, and sentencing. However, in this unique conflict, it seems that law enforcement is absent, yet legal cases are being filed!!! 

Regarding law enforcement, global attention was focused on entities such as the international community, including the US and the UK. However, these efforts proved futile, as international law and the United Nations, championing a mantra of human rights, also failed in their capacity as law enforcement mechanisms. The neighbouring Arab rulers similarly fell short in acting as effective law enforcement agents. The irony lies in the expectation that if conventional law enforcement channels prove ineffective, neighbouring nations would intervene; however, they appeared preoccupied with celebratory activities instead. 

The sole law enforcement authority we ought to seek is precisely what the International Union of Muslim Scholars conveyed: “Muslim countries and their leaders must mobilise their armies for Gaza. This is imperative for Muslim leaders. It is a religious duty to rescue Gaza from Genocide, even if it results in armed conflict.” 

Let us bear in mind that Gaza’s predicament does not necessitate legal proceedings or a legal team; it calls for a decisive military intervention capable of freeing innocent men, women, and children from the genocide perpetrated by the Zionists.