Omerović: The geopolitical West condemned Russian aggression against Ukraine, but what about Gaza and the violation of international law?

(Patria) - Today's topic of the Krug 99 session was "South Africa vs. Israel before the International Court: The Fight to Preserve the International Order." The introducer was a member of Krug 99, Prof. Dr. Enis Omerović from the Faculty of Law at the University of Zenica.

There is a reason for the increased interest of our public after the International Court of Justice (ICJ) concluded the first hearing in the case of South Africa vs. Israel on January 12. Simply put, because it concerns us doubly: due to our own bitter past before that same Court and the subject of the ongoing genocide trial itself. Especially that part of the lawsuit text claiming that Israel participated, participates, and risks further participating in genocidal acts against the Palestinian people in Gaza. The Republic of South Africa has taken legal action to stop the Israeli aggressive military offensive against the people in Gaza.

"If we do not support the territorial integrity of Palestine, how can we credibly defend the territorial integrity of Ukraine?" Omerović asked.

Omerović reminded that the hearing before the International Court has concluded, and in the coming days, the court is expected to make a decision on the requested provisional measures sought in the application of the Republic of South Africa, which initiated the dispute against Israel in December 2023.

He recalled the fact that when a state initiates litigation before the court for genocide and requests the imposition of provisional measures to stop the violence, to stop further violations of international law in terms of causing further irreparable harm, and when it proves that there are indeed conditions of urgency on the ground, then the International Court is obliged to treat this case as a priority over all ongoing court proceedings before the International Court in The Hague.

"The continuation of the blockade of Gaza indeed leads to segregation, discrimination, and collective violation of human rights and fundamental freedoms. The continuation of the occupation of Palestinian territories, including the West Bank and East Jerusalem, contradicts not only the decisions of the United Nations, i.e., specific resolutions of the United Nations General Assembly, but undermines the fundamental principles of international law and what the international order is based on today," Omerović stated.

He recalled how the geopolitical West condemned the Russian Federation's act of aggression against Ukraine in 2022.

"They were against the aggression of the Russian Federation against Ukraine, and now numerous states of the geopolitical West support the violation of international law, segregation, discrimination, and the commission of the most serious international crimes."

He reminded that after the United States vetoed the UN Security Council Resolution regarding a humanitarian ceasefire in the Gaza Strip, the General Assembly reacted, i.e., 153 countries of the world reacted, which within the framework of the United Nations General Assembly voted for the adoption of a Resolution that is non-binding in nature, but carries a strong political message, sends a strong moral and political message to the whole world, that we must return to the essence of the order created in 1945.

"We must, more than ever, return to international law and what that law preaches, i.e., prescribes. It must not be forgotten that seeking and addressing the issue of state responsibility for violations of international law is the heart, i.e., the central issue of international law and the international legal order," says Professor Omerović.