Summary
The lecture by Dr. Farid on the legal proceedings and challenges in bringing Israeli authorities to justice for alleged war crimes and genocide against Palestinians. It analyzes the roles and limitations of the International Court of Justice (ICJ) and International Criminal Court (ICC), issues around immunity and enforcement, comparisons to other cases, and prospects for accountability despite political obstacles.
Key Points of the Session
Introducing the International Court System
Dr. Farid introduces key international courts like the ICJ, ICC, and tribunals, explaining they have jurisdiction over states and individuals for issues like trade disputes, war crimes, genocide and more. He outlines which entities qualify as subjects of international law.
Jurisdiction and Membership of the ICJ
The ICJ has 193 member states as parties. It has jurisdiction over civil disputes between states but not criminal matters. Israel and South Africa are members, Palestine is not. General Assembly admission requires Security Council approval which allies like the US could block for Palestine.
South Africa’s Genocide Case Against Israel at ICJ
South Africa filed a case alleging Israeli genocide against Palestinians under the Genocide Convention which 153 states signed. The ICJ can interpret treaty violations but not prosecute individuals. South Africa must prove genocidal intent by Israel as defined in the treaty.
Challenges With Enforcement and Immunity
ICJ rulings are binding but hard to enforce without Security Council backing. Especially as USA is one of the 13 Security Council members. Customary international law also grants immunity to heads of state and ministers complicating arrest warrants. Prior ICC warrants for Sudanese leader al-Bashir remain unenforced after 15 years.
Role and Limitations of the International Criminal Court
The ICC can prosecute individuals for war crimes, genocide and more. But it relies on state cooperation to arrest suspects and has no enforcement power. Case studies illustrate how leaders leverage allies to avoid arrest.
