JANUARY 16 — Judging from the past precedents, the ICJ may, in all likelihood, grant South Africa the provisional measures.
Francis Boyle is very confident that the ICJ will grant provisional measures to South Africa. He told Democracy Now :
“Based on my careful review of all the documents so far submitted by the Republic of South Africa, I believe South Africa will win an order against Israel to cease and desist from committing all acts of genocide against the Palestinians.”.
LaGrand ( Germany vs US ) judgement. removed the uncertainty as to the binding status of the ICJ’s ruling on the provisional measures when it held that ‘[o]rders on provisional measures under Article 41 [of the Statute] have binding effect.”
Israel’s commitment in complying with any ICJ’s orders in the absence of the ICJ’s enforcement powers remains uncertain.
Patrick Wintour however says :
“But putting aside whether Israel would comply with any ICJ order to change its military tactics and desist from any act ruled as genocide, the reputational damage to Israel of such a ruling would be substantial, and at minimum may produce a modification of its military campaign. The very fact that Israel has chosen to defend itself at the ICJ – a UN sponsored body – and is a signatory to the genocide convention makes it harder for it to brush aside an adverse finding.”
Stephanie Van den Berg contends that a ruling against Israel could hurt its international reputation and set legal precedent.
Julian Borger argues that the Israeli government could ignore the measures, but doing so would cause enormous reputational harm and loss of influence on the world stage for Israel and its principal backer, the US.
* Mohamed Hanipa Maidin is a former Deputy Minister and Member of Parliament.
** This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.
