Dear Press Members,
The systematic attacks against the Palestinian people and territories, which have been ongoing for over a century, have reached a level visible to the entire world after October 7, turning into one of the largest genocides in history.
For roughly two months after October 7, 2023, no serious steps were taken by the international community to stop Israel’s genocidal actions. Finally, on December 29, 2023, the Republic of South Africa filed a case at the International Court of Justice against Israel, seeking provisional measures, including the immediate cessation of genocide, in accordance with the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
On January 26, 2024, the International Court of Justice announced its decision on provisional measures, finding the evidence compelling and irrefutable that Israel committed genocide. However, it has been observed that since the issuance of provisional measures on January 26, 2024, Israel has continued its genocidal actions, causing the deaths of hundreds more people, with some states observed to act together to diminish the impact of the provisional measures.
Apart from South Africa’s application, concrete steps to stop genocide have not been taken by the international community; on the contrary, some states have openly supported Israel in its genocidal actions from October 7 onwards, and numerous companies have participated in the crime of genocide by supplying and benefiting from products used by Israel during its genocidal acts.
Although the International Court of Justice has not yet made a decision on the merits of the genocide case, it is unquestionable that Israel’s genocidal actions have reached to an undeniable level, and these actions will eventually be punished by international judicial authorities. However, it is observed that concrete steps have not been taken to legally hold individuals who verbally and actively support Israel’s genocidal actions accountable for genocide. While conscientious individuals focus on stopping Israel’s genocidal actions, there has been no effective movement to stop the assistance and support provided by states and companies that intensify and nourish genocide, beyond mere discourse.
There is no legal obstacle to the prosecution and punishment of state authorities and corporate executives who support genocide. Particularly, the ongoing case before the International Court of Justice will serve as a basis for prosecutions against genocide supporters, examination of the Court’s decision on provisional measures in this aspect is deemed necessary.
The almost unanimous decision of the court is a significant indicator of the state of isolation that the occupying Israel is facing due to the genocide it has committed in the eyes of the world.
At this stage of the preventive measures in the case, it is not possible for the court to categorize the offense as absolute genocide; this is a matter for the merits of the case. However, the court’s acceptance of the severity of the genocidal actions and the statements of the occupying Israeli government’s intent at this early stage is a crucial development.
The Court’s decision not to impose a ceasefire is understandable in a doctrinal context. Since there is no armed conflict between South Africa and Israel, and the current case is limited to the interpretation and application of the Genocide Convention, the dispute pertains specifically to the involved parties in the case. Therefore, the court will not impose a ceasefire on one party without the consent of the other. The Ukraine-Russia case, in which the court has issued a ceasefire decision, sets it apart in this regard. In the Russia-Ukraine case, the parties involved in the lawsuit are the two sides of the armed conflict. The court has surpassed this barrier by mandating compliance with Article 2 of the Convention, ordering the cessation of Israel’s actions causing Palestinian deaths, destruction of living conditions, prevention of childbirth, and attacks on hospitals, while ensuring the highest level of humanitarian aid delivery. For these measures to be practically implemented, the occupying power must already cease its attacks.
The immediate impact of this decision will undoubtedly strengthen the ongoing trials before the International Criminal Court, which now grounded on a solid and indisputable legal basis. The decision clearly provides a significant groundwork for legal remedies that can be pursued against both relevant state authorities and corporate executives, emphasizing a collective responsibility for the realization of justice.
As seen, the interlocutory injunction issued by the International Court of Justice to prevent Israel’s genocide actions in Gaza concerns not only Israeli authorities but also the authorities of countries and legal entities supporting the acts of genocide.
As per the subparagraph (c) of the 3rd paragraph of Article 25 of the Rome Statute, which is the founding convention of the International Criminal Court, anyone who helps or encourages someone else to commit or attempt to commit the crime of genocide is guilty of genocide.
In this context, state authorities and corporate executives who support Israel’s actions in Gaza, which are likely to be considered as genocide in the future, by providing weapons, ammunition, energy, clothing, and similar support, are liable to be tried for genocide before International Criminal Court.
Anew, in accordance with Article 88 of the Rome Statute, many countries that are parties to the treaty have incorporated provisions into their domestic legislation regarding the punishment of the crime of genocide. Within these states, including Turkey, there is the authority for local courts to prosecute individuals who assist Israel in its acts of genocide.
As known, WOLAS, in addition to monitoring and reporting human rights violations worldwide, operates legal actions in dozens of countries where there is a network of lawyers to stop these violations. In this regard, we hereby announce our intention to file criminal complaints with the International Criminal Court and the local judicial authorities of the respective countries against state authorities and corporate executives who support Israel’s genocidal actions, seeking their prosecution for the crime of genocide.
Finally, through public communication, we admonish the Turkey-based company providing energy to Israel during the acts of genocide, as well as the corporate executives supplying weapon components, ammunition, military materials, clothing, food, and similar products used during acts of genocide, and those involved in the transportation of these products, to immediately cease their actions in order to avoid being convicted as perpetrators of genocide by local judicial authorities and the International Criminal Court.
Av.Enes KAFADAR
President
