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200 days of #genocide in front of the world.. Legal expert: “International law is effective under Zionism”
Since the start of the genocidal war on the #Gaza Strip on October 7, 2023, and the global alignment with the Israeli occupation in killing Palestinians & practising genocide, real debates have emerged about the feasibility of international law and human rights conventions.
These questions were exacerbated by the lack of real implementation of the decision of the International Court of Justice at the end of January 2024, which forced the occupation to take procedural measures to prevent genocide in the Gaza Strip, in implementation of South Africa’s request, but to no avail, and without any real action on the ground.
Speaking to Quds Network, Raed Abu Badawiya, professor of international law and international relations at the Arab American University, says that international law is not a major actor in the system of international relations, but rather it is one of the factors that help in regulating relations, and steps aside to give priority to the political interests of the countries that move… It built its relationships according to its interests.
Abu Badawiya points out that European countries, for example, tried after the founding of the United Nations to make state law the basic starting point for their foreign movements and policies, but in reality, they respect the law as long as it is consistent with their interests, and when it conflicts with them, they do not care about it.
Regarding the Palestinian issue and the European and American alignment with the occupation in the war of extermination, Abu Badawiyeh asserts that the effectiveness of international law is almost non-existent, in light of the Western-Israeli alliance since the occupation of Palestine, explaining that “Israel” has not cared about international law or implemented it, as it has not implemented it since The beginning was the partition decision, and it did not recognize Resolution 242, Resolutions 67, and General Assembly resolutions, as well as hundreds of resolutions that the occupation did not care about and the Western system did not pressure to implement.
Since October 7, while the genocide was in front of the peoples of the world and their governments, the nakedness of this legal system has become clear, especially in light of this silence and the international inability to deter this entity to stop these measures, as Abu Badawiya put it.
No law enforcement mechanisms
The professor of international law points out another problem in the international law system, which lies in the lack of practical mechanisms to enforce this law, stating: “It is true that there is an international court of justice that is considered one of the tools of international law, but it lacks the tools to enforce decisions on states.”
The International Court of Justice does not have any tool or materials related to the enforcement mechanism, while the only executive body is limited to the UN Security Council, which is what was stipulated in the Charter and the Security Council in its current composition, which exists with 5 permanent members that reflects the political interests of the five countries, and opens the door to using the Council to achieve Her own personal interests.
Abu Badawiyeh stresses that the tools of international law are not compatible with the emergency situation existing in the Gaza Strip, whether the Criminal Court, which did not issue any investigation warrants against any Israeli official despite its negligence, and that its procedures, such as opening an investigation, are appropriate at the medium and long-term level, but the situation in Gaza is an emergency situation. .
There is no political will of states
Aside from international enforcement of the law and court decisions, even individual countries, according to Abu Badawiyeh, did not take any measures to pressure the occupation to implement its decisions, whether by severing diplomatic, economic or commercial relations, and stopping cooperation agreements, and those who took these measures did not do them sufficiently to amount to genocide. .
Abu Badawiya wonders: “I do not expect Western countries to take these measures at the present time in light of their alliance with the entity, but the rest of the world can activate them so that the occupation stops these crimes committed after 200 days of aggression, but is there a political will, whether at the Arab level?” And the Islamic and the countries that support Palestinian rights to impose sanctions, boycotts and penalties on the entity?”
