More critics: The Netherlands and Iceland are ready to stand up for Gaza in court

Pressure on Israel in international institutions is increasing. The Netherlands and Iceland have joined the International Court of Justice's investigation into Tel Aviv's actions in the Gaza Strip. The participants in the process are talking about possible signs of genocide. The new wave of criticism coincided with another escalation in the Middle East and rising tensions over energy supplies. Whether such steps can really affect Israel is discussed in the Izvestia article.

The essence of the claims

The Republic of South Africa (South Africa) appealed to the International Court of Justice at the end of 2023 with a demand to recognize Israel as a violator of the Genocide Convention. The 84-page lawsuit alleges that the actions of the Israeli authorities led to the deaths of civilians in the Gaza Strip and the creation of conditions that, according to the applicant, could "lead to the physical destruction of the Palestinians as a group."

This week, the Netherlands and Iceland filed applications to enter into proceedings on the alleged violation under Article 63 of the Statute of the Court. It allows the States parties to the Convention on the Prevention of the Crime of Genocide to participate in the case if it concerns the interpretation of its provisions.

In its appeal, the Netherlands pointed to the forced displacement of the population, restrictions on humanitarian aid and the threat of famine as actions that require a legal assessment in terms of possible genocidal intent. Amsterdam insists on the need for a thorough investigation into the attacks that have left children suffering and dying.

"Forced population displacement, depending on the specific circumstances, may in itself constitute or lead to the commission of one of the basic acts of genocide, as well as play an important role in establishing special intent," the Dutch authorities said in a statement on the website of the International Court of Justice.

The Icelandic authorities, in turn, stated that the decision to join the process is related to the support of international law. The official statement notes that Reykjavik "unequivocally and unconditionally condemned the attack on October 7, 2023." However, at the same time, the country pointed out the catastrophic humanitarian situation among the civilian population of the Gaza Strip during the subsequent conflict.

Now Israel and South Africa must submit written comments on the statements of the new participants. Since the beginning of the process, applications have already been submitted by a number of States, including Colombia, Mexico, Spain, Turkey, Chile, Ireland, Belgium and Paraguay.

One of the key controversial issues remains the interpretation of the very concept of genocide. Israel insists that it is fighting against the Hamas movement, and not against the population of the Gaza Strip. He also says he warns civilians to evacuate before the strikes. The Israeli authorities call the accusations against them a manifestation of political bias and anti-Semitism.

Nevertheless, two years ago, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. They are accused of committing crimes against humanity and war crimes between October 7, 2023 and May 20, 2024. However, it never came to an arrest, largely because of the US position. They not only support their ally on various platforms, but also impose sanctions against members of the Hague Court.

Air shaking

The decisions of international courts in such conflicts, according to political scientist Ilgar Velizade, more often have a reputational than a practical effect. The maximum that the initiators of such processes can expect is to make decisions regarding individual representatives of the Israeli leadership, including the Minister of Defense.

— As for Netanyahu, Israeli cabinets often change, and he himself is at an age when his political career may end in the foreseeable future. We can say that this is in many ways a concussion of the air. This can also be interpreted as an attempt by individual States to demonstrate that their leadership is doing everything possible for the sake of justice and thus preserves a "clear conscience." It is difficult to assess this situation otherwise," the expert points out to Izvestia.

The real practical consequences of such steps, he said, have so far been limited and are unlikely to become significant in the future. Moreover, there is a question about the expediency of maintaining such mechanisms in their current form if they are not able to operate effectively in times of crisis.

Washington's position is also significant, political analyst Natalia Eremina reminds Izvestia. The expert doubts that decisions on arrests at the level of individual states will be made without regard for the United States. However, if European countries choose to act more independently, it is theoretically possible to make decisions that run counter to the American position.

— In general, much depends on the nature of relations between European states and the United States and on their general approach to Israeli politics. Another escalation in the Iranian direction is perceived quite painfully in Europe, as it contributes to an increase in energy prices, the analyst draws attention.

Tel Aviv's policy is increasingly seen as a factor that increases tensions and affects the energy and economic situation. Against this background, the attitude towards Israel in a number of European countries is becoming more restrained and critical, the Izvestia interlocutor summarizes.