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ICJ no ceasefire ruling 'disappointing' but a step towards the right direction, say experts

KUALA LUMPUR: The decision by the International Court of Justice's (ICJ) on Friday has generated mixed reactions among many, including experts who were disappointed that the world court did not explicitly order a ceasefire to end Israeli forces' reign of terror against the oppressed Palestinians.

They, however, believe that the decision to the application by South Africa for the ICJ to launch investigation into the alleged genocidal acts by Israel Defence Force (IDF) in Gaza has put global superpowers such as the United States of America (US) and the United Kingdom (UK) in an awkward position as they are known to be a strong ally of Israel.

Among those disappointed with the verdict handed down by ICJ over the matter is Universiti Malaya's Hashim Sani Centre for Palestine Studies director Professor Dr Mohd Nazari Ismail who believes that such a decision will unlikely prevent Israel from continuing its cruel grip on the people of Palestine.

"On one hand, we are very happy to note that the ICJ agreed and accepted South Africa's argument that Israel is engaging in a genocidal act and called to prevent the death of more civilians in Gaza.

"The problem is that the ICJ did not call for a ceasefire. That part is disappointing because then Israel will continue to attack and kill the Palestinians," he said.

Nazari nevertheless said the decision by ICJ had placed the countries worldwide with responsibilities to ensure that the killings of innocent people in Gaza would stop by pressuring the governments around the world to cut any diplomatic and trade ties with Israel.

"The ICJ has decided that Israel is guilty of the genocidal acts taking place in Gaza. Therefore, they deserved to be boycotted… embargo on arms should be imposed on Israel.

"Countries around the world, especially Muslim nations, should not only sever trade relations but also diplomatic ties with Israel," he said.

International Institute of Advanced Islamic Studies (IAIS) Malaysia's Strategic Communication and Media Relations Division head Mohd Nur Iman Ramli agreed with Nazari that a complete ceasefire would be more beneficial in addressing the humanitarian crisis in Palestine.

IAIS, nevertheless, he said, commended the ICJ for its interim ruling, which represents a significant step towards justice for Palestinians and aligns with the court's dedication to upholding the 1948 Genocide Convention.

"We call on the international community, especially the UN Security Council, to formally support and strengthen the decision with tangible actions and enforcement. This involves adopting a resolution that imposes sanctions on Israel if it fails to comply.

"All countries that abide by the Geneva Convention on genocide, must now also act to prevent the genocide by Israel, so that they are not in violation of the convention.

"The global community should call on the ICJ to issue a definitive and comprehensive ruling that will hold Israel accountable for its crimes and ensure justice and reparations for the victims.

"We earnestly hope that the court's decision will urgently include a ceasefire, given the profound suffering of our people in the region. Daily mass killings, predominantly affecting children and women, have claimed thousands of lives," he said, adding that ICJ's acceptance of the case marked a significant moment, placing Israel under scrutiny for its crimes for the first time.

Geopolitical strategist Dr Azmi Hassan said ICJ's decision could be viewed as a significant milestone in holding Israel accountable on the global stage.

Despite the absence of a unanimous call for a ceasefire, he said, the ICJ was taking a middle ground which put pressure on the accused.

"The prevailing sentiment among the 17 judges suggests that Israel must take steps to prevent genocide.

"Another powerful word mentioned by ICJ is complicity. We know how Israel acts today because of the US and to some extent, the UK too.

"This puts the US and the UK in an awkward position because this involves international judges. And I think one of the head judges is from the US," he said.

Taking examples from other genocide cases, Azmi believes the trial involving Palestine and Israel will not reach a final decision anytime soon.

"If you look at the Myanmar junta genocide case, it is still going on trial since 2019 and for the Bosnia genocide at the Sabraneca, it takes 15 years.

"So, we don't expect much for the ICJ to make a final decision on genocide because it will take some time. But again, the interim decision made by ICJ is still satisfactory because it puts the burden on Tel Aviv to prove that they are not conducting the war to kill civilians," he said.

Moving forward, Nazari hopes people around the world who are all for the Palestinian cause will continue to intensify the momentum to condemn the atrocities brought by the IDF against the people of Palestine.

This, he said, could be done to put pressure on their own governments and international organisations to continue criticising Israel's offensive in Gaza.

"For example, the (Paris) Olympics is coming up soon. The people around the world through their respective governments must pressure the IOC (International Olympic Committee) to ban Israel from the Olympics.

"The question is will it happen? It depends on the strength of common people's voices. Everyone must be louder in making such a call; otherwise, the government or official entities will not know how disgusted the people are (with Israel for its attacks on Palestinians)," he said.

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