Mo, lawyer. Verni (Difesa Online): “Time and effectiveness are unknown on IGC decisions on Israel”

The uncertainty of time weighs heavily on the accusations of genocide against Israel and the hearings at the International Court of Justice (ICJ) and, although the State led by Benyamin Netanyahu could decide not to implement any decisions of the Court, the legal implications will “they could have diplomatic and commercial repercussions”. The lawyer Marco Valerio Verni, representative of the Law area of ​​'Defence Online', explains this to Adnkronos after the opening of the proceedings for the accusations of genocide in Gaza brought against Israel.

“I would distinguish between the provisional measures that the Court could issue against Israel and the actual definitive ruling regarding the complaint made by South Africa – observes the lawyer – For the former, if deemed necessary, it could take a few days or a few weeks. They they would be aimed, in essence, at ensuring that Israel immediately suspends its military operations inside and outside Gaza and, in any case, at putting an end to the obstruction of the entry of all aid into the Strip itself, as well as the cessation of forced expulsions of Palestinians from their lands of residence: an unlikely scenario, at present, both for what Tel Aviv has repeatedly declared, and because, if it is true that the aforementioned would be binding, it is equally true that, therefore, the recipient of the same (in this case, precisely, Israel) may not implement it net of what, in this case, could be the decisions of the United Nations Security Council and the further sanctions of the international community”. For the final sentence, however, “we could wait several years and, regarding its effectiveness, the same considerations made just now apply”, underlines the lawyer Verni.

“Given the accusations made by the African State against Israel, it will be necessary, in the meantime, to demonstrate the precise intention on the part of the latter to want to destroy the Palestinian people, i.e. the so-called 'dolus specialis' – continues the representative of the Defense Law area Online' – As stated, in fact, by the UN Convention on Genocide itself, to ascertain this crime it is necessary to demonstrate the subjective element of the person who carries out the acts underlying it and, therefore, the specific desire to want, precisely, to destroy, in in whole or in part, 'a national, racial, ethnic or religious group'”.

“Proving this element is always complicated, although it is well imaginable that Pretoria has collected, in the meantime, the various declarations made in recent months by various exponents of Netanyahu's government as well as by various commentators – he continues – Then naturally there is the analysis of the modus operandi of the Israeli army in the Gaza Strip which will have to be evaluated, in particular, in the light of international humanitarian law. In the event of a conviction, the Court could, mainly, order Netanyahu to cease military operations in the Strip: as mentioned, however, it will be necessary to see on the one hand the relative times and on the other whether Israel will adapt to what has been decided by the aforementioned”.

The legal aspects, observes the lawyer, “could be accompanied by diplomatic and commercial repercussions since, at that point, it would be difficult for other states to continue 'ordinary' relations with Israel itself. Not to mention the symbolic value of the whole given that the latter is considered the victim par excellence of this type of crime given what occurred during the Second World War”.

Finally, according to the lawyer, “a similar judgment by the Court against Hamas cannot be ruled out at all”. “Also from what appears from some statements by the prosecutor Karim Khan himself, from a few months ago, there are already investigations underway in this sense, i.e. against the Hamas militiamen, however from the perspective of the more general situation in the State of Palestine and , therefore, also against Israel itself, since 'the International Criminal Court has jurisdiction over potential war crimes committed by Hamas militants in Israel and by Israelis in the Gaza Strip even if Israel is not a member state'. But , also for this aspect, it may take some time.”