Gaza Genocide: Israel's Disregard for the Rule of Law Setting a Dangerous Precedent
Shuruq Ayyad consoles her 12-year-old daughter Rahaf, who suffers from malnutrition, at a school-turned-shelter in al-Rimal in central Gaza City, on May 4, 2025.
Dr Nazreen Shaik-Peremanov
Nixon's Watergate scandal showcased the US fireworks cartel's militaristic capability in Christmas lighting the Vietnamese skies.
Indeed, it was not a sombre, white Christmas in Vietnam. Dense bush and guerrilla tactics were promptly served to Nixon's Santa by the Vietnamese forces. Like, the world and Americans forgot the planted listening devices during electioneering.
Two weeks of bombings were supposedly due to a stalemate, or so that is what we are told.
Lyndon B Johnson could not say much, except probably, 'Walk on, Henry Kissinger, walk on.' No amount of evidence could bite Kissinger's realpolitik in Cambodia, Vietnam or Latin America. Mass atrocities levied against innocent civilians, non-combatants and poor governments were met with repeated condonation.
Political pragmatism is a wicked term for the human auditory canal.
South Africa's application before the United Nations' judicial arm, the International Court of Justice (ICJ), was brought in December 29, 2023. Citing genocide and acknowledging Israel as a nation-state amongst the world's states, the ICJ shared its decision with the international community, inter alia, interdicting Israel from committing genocidal acts, permitting humanitarian aid and assistance to Palestinians, and directing that Israel report to the world's court on measures taken.
Expectedly, Israel disregarded the judgement whilst most of the world's normal-thinking nations hailed the decision, awaiting action with bated breath. Breathe easy for Israel will not do a damn thing, is what many failed to realise.
With the US and Russia at loggerheads over Ukraine, some odd incidents of allegedly purported Pakistani terror attacks on India, and a few other morphed international incidents, and a falling star from the link, the Palestinian genocide has paled in significance.
Like Northern Ireland, the mind's conditioning shifted into gear. Perhaps, this is precisely what the intention was. Notoriously, international relations are ridden with diversion tactics, especially when they bring comfort to those who seek to remain clandestine.
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So, it is not puzzling when the moving spotlight repeatedly scavenge new prey. Such is a diversion. It is inordinately difficult to make room for anything other than what the victors choose after a tyrannical war on the world.
Victor's justice paved the way for the UN's formation after World War II, preceded by the League of Nations. Even though Nuremberg was specially established for war crimes, inter alia, the victors considered it apt to establish a world court.
Thus began a litany of insanity as witnessed by none else. The UN Charter is the ICJ's founding document, and the ICJ's powers are informed by the International Court of Justice's Statute. This means that the ICJ is de facto a world court, preceded by no other.
Well, perhaps the US and the State of Israel are the glaring exceptions.
Like parties to any dispute in daily ruminations, states, too, can muse themselves by presenting a matter for adjudication before the ICJ. Pacific settlement of disputes may be the ICJ's ethos, but political pragmatism reigns supreme. When a dispute is brought before any court of law for adjudication, the court is duty-bound to deliver a just verdict swiftly, deftly and judiciously, without fear, favour or prejudice.
Upon a court's ruling or judgment, disputing parties must comply with the court's directive. Equally, these principles of transparency, accountability, and the rule of law apply to states bringing matters for consideration before the ICJ.
However, international relations is a dynamic creature which impacts international law in a myriad of ways. Swayed mostly by the UN Security Council's permanent members, the US steers the UN's coffers and its activities. Additionally, the P5's veto power is severely weighted against justice being meted out. Poorer nations, with little wielding power, yield to those that control the coffers, also driven by political hegemony and trade needs.
Thus, when the ICJ delivered its ruling in the South Africa obo Palestine v Israel matter, Israel could successfully rely on its US alliance, effectively setting aside the ICJ's ruling. Despotically arrogant, the rule of law was cast to an abandoned no-man's-land shore.
International relations and international law are two sides of the same coin. Israel was judicially directed to cease all genocidal activities in Gaza. Israel was directed to take immediate and effective measures to provide humanitarian aid to all Palestinians. Israel was directed to report to the ICJ on these directives. Israel was directed to report on its domestic legal willingness to bring perpetrators to justice.
Israel denied having occupied Gaza, and persisted in flagrant disregard of the ICJ's ruling, permitting little humanitarian aid to the long-suffering Palestinians who have not only been stripped of their land but also are imminently facing extermination. Sounds familiar?
Yes, it takes us back to Nazi Germany. International law meant nothing then; it means nothing now, except if the victors wish to confer meaning. Kissinger, we intelligently understand, acted in the US's best interests, then found a persisting dominant military centre-stage.
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