Human rights lawyer Boyle: South Africa likely to win genocide case against Israel
In the International Court of Justice (ICJ), the highest court of the UN, South Africa and Israel's actions in Gaza since October 7, 2023 and the United Nations (UN) Genocide of 1948 The hearing of the case he filed at the ICJ on the grounds that he violated the Convention on Prevention and Punishment will begin on Thursday in The Hague, Netherlands.
Professor Francis Boyle, who contributed to the preparation of the indictment against former Serbian President Slobodan Milosevic, who was accused of committing the genocide in Srebrenica but died in prison while his trial was ongoing, made a statement to the AA correspondent.
Boyle described various scenarios that could arise in the case if Israel is determined to have committed the crime of genocide. The scenarios in question include many possibilities, from South Africa going to the UN Security Council (UNSC) to implement the genocide resolution, to Israel's suspension from UN activities, prosecution and economic sanctions.
Boyle pointed out that he expects the decision to be made within a week and said:
"I have read all of South Africa's defenses. My analysis, based on my knowledge, judgment and experience, is that there will be a stay order against Israel on the grounds that it is committing genocide against the Palestinians. I believe that they will win. When this decision is issued, it may have very important consequences for Israel. At that point "The whole world will learn that Israel is committing genocide against Palestinians."
South Africa may go to the UNSC to implement the decision
Boyle points out that if the decision is in favor of South Africa, Israel will be under the obligation to "prevent" genocide against Palestinians in accordance with Article 1 of the Genocide Convention.
Pointing out that South Africa could then apply to the UNSC to implement the order, Boyle said, "So far, it seems that the US government will use its veto power to prevent the Security Council from implementing the order." he said.
UN General Assembly may take action despite US veto
Boyle points to another scenario in which, if the sanctions resolution is vetoed by the United States at the UNSC, South Africa could apply to the UN General Assembly for sanctions under the "Uniting for Peace" resolution.
The "Uniting for Peace" resolution is defined by the UN as "in a situation where peace is threatened, violated or an act of aggression, if the Security Council cannot take action due to the veto of one of the permanent members, the General Assembly may also take action."
Regarding the consequences that Israel may face in this scenario, starting with its suspension from UN activities, Boyle said, "
The General Assembly can suspend Israel's participation in UN activities, just as the General Assembly suspended the criminal apartheid regime in South Africa at that time. And "Just like the genocidal Yugoslavia suspended its participation in the UN..." he evaluated.
Predicting that the General Assembly may accept Palestine as a full-fledged UN member state during the process, Boyle noted that he thought membership would protect the Palestinians.
Emphasizing that the General Assembly can refer Israel to the International Criminal Court in accordance with Article 22 of the UN Charter, Boyle said,
"The UNSC established the International Criminal Court for the Former Yugoslavia, but the General Assembly can also do the same and condemn senior Israeli officials for genocide against the Palestinians." "He may be tried for war crimes against humanity." he said.
Boyle recalled that he launched such an initiative at the UN General Assembly, supported by Malaysia, Iran and many Arab and Muslim states, but it was "sabotaged by the usual suspects" at the time.
Additionally, Boyle stated that the General Assembly could propose "comprehensive economic sanctions" against Israel.
Citing the example of North Korea suffering from economic sanctions imposed by the General Assembly within the framework of the "Uniting for Peace" resolution, he said, "It's not that I support the current sanctions against North Korea, but the same thing can be done to Israel." said.
"South Africa will win the case"
Boyle pointed out that the decision taken in 1993 to "stop all acts of genocide" against Bosnians would be to the benefit of South Africa in this case.
Stating that he has read South Africa's arguments in the case, Boyle said, "According to my analysis based on my knowledge, judgment and experience, South Africa will win an order to stop the unfair practice against Israel in its genocide against Palestinians." he said.
Stating that there will be two hearings this week, Boyle said that a "stop order of unfair practices" against Palestine may be issued within a week.
Boyle stated that they are South Africa's best lawyers in the international arena and said, "According to the documents I have read, they definitely know what they are doing and I say once again; I believe they will win." said.
Regarding Israel's objection to the case in question, Boyle said, "Israel is aware that any international court decision against it will cause serious, irreversible wounds." expressed his opinion.
US role
Pointing out that the American President of the International Court of Justice, Judge Joan E. Donoghue, is a former US State Department employee, Boyle said that Donoghue can use her influence in Israel's favor.
Boyle stated that Donoghue may be passing information to the US administration in the background and said, "I am sure that he will shape the legal process in the case in favor of Israel and the USA and against South Africa." said.
Emphasizing that South Africa will appoint a judge to the court on its behalf, Boyle stated that they hope that this judge will be able to put up a good fight with Donoghue, and that Donoghue will leave his post on February 4, but this will happen after the interim measures hearings are held.
Boyle emphasized that if the court gives an "order to stop the unfair practice" against Israel, the US government will be condemned in accordance with the article of the Convention on the Prevention and Punishment of the Crime of Genocide regarding "being complicit in genocide" and said: "The Biden administration is definitely complicit in the Zionist genocide against the Palestinians." "And he is aiding and abetting this. This is also contrary to the US government's own Genocide Convention Implementation Act." he said.
Pointing out that a lawsuit has been filed against the Biden administration in the USA for complicity in Israel's genocide, Boyle said, "This case is now in the US courts." he said.
Heavy criticism of the ICC
Boyle also criticized the inaction of the International Criminal Court, describing the court as "rotten, corrupt and despicable" and said:
"Since 2009, under 3 different chief prosecutors, the ICC has not lifted a finger for the Palestinians. Since this date, the blood of all Palestinians who died, including the 30 thousand Palestinians who died as we speak today, is on the hands of the ICC."
Soykırım davalarında elde ettiği başarılarla bilinen ABD'li insan hakları avukatı Prof. Boyle, "Güney Afrika Cumhuriyeti'nin İsrail'e açtığı soykırım davasında başarılı olma ihtimalinin yüksek olduğunu ve bunun ciddi sonuçları olabileceğini" söyledi. - Anadolu Ajansı
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