[Salon] Nine countries launch legal action against Israel over Gaza war



https://www.newarab.com/news/nine-states-launch-legal-action-against-israel-over-gaza-war

Nine countries launch legal action against Israel over Gaza war

The Hague Group, made up of nine countries including South Africa, Malaysia, Namibia and Colombia, aims to hold Israel to account over its actions in Gaza

31 January, 2025

Delegations from nine countries gathered in The Hague on Friday unveiled "co-ordinated legal, economic, and diplomatic measures" aimed at holding Israel accountable for its violations of international law, amid mounting threats against the International Criminal Court (ICC).

In response to pressure from the US Congress, which has sought to sanction the ICC, nine countries—Belize, Bolivia, Chile, Colombia, Honduras, Malaysia, Namibia, Senegal, and South Africa—are forming a coalition known as The Hague Group to defend the legitimacy of international legal institutions and their rulings.

This initiative comes as both the ICC and the International Court of Justice (ICJ) face significant challenges to their authority in cases relating to conflicts in Gaza and Ukraine.

"The Hague Group is born of necessity," said Varsha Gandikota-Nellutla, a coordinator with the political organisation Progressive International, ahead of Friday's inauguration.

"In a world where powerful nations act with impunity, we must stand together to defend the principles of justice, equality, and human rights,” she added.

Malaysian Prime Minister Anwar Ibrahim said: "Israel’s violations go beyond the mass murder and persecution of Palestinians. They strike at the very foundations of international law, which the global community had a duty to defend."

The Hague Group nations convened in the Netherlands, home of the ICC, where state representatives discussed collective action at both national and international levels, supporting international law and Palestinian rights during the ongoing crisis.

These discussions build upon previous actions by these countries, including Belize and Bolivia’s decision to sever diplomatic ties with Israel.

In the group's final declaration on Friday, the Hague Group members issued a joint statement to reiterate its calls to hold Israel to account amid accusations of alleged war crimes in Gaza.

The Hague Group also expressed its solidarity with Palestinians by backing the formation of a Palestinian state.

"We invite all states to take all possible actions and policies to end Israel’s occupation of the State of Palestine," the statement added.

In January 2024, Chile referred the situation in Palestine to the ICC and recalled its ambassador from Israel.

Colombia has suspended weapons purchases from and coal exports to Israel, in addition to cutting diplomatic ties.

Honduras has consistently condemned Israel's genocide against Palestinians, while Malaysia has imposed a maritime ban preventing Israel-affiliated vessels from docking at its ports. It has never had diplomatic relations with Israel.

'The world cannot stand by and watch'

Namibia has further reinforced these efforts by blocking a vessel carrying military shipments bound for Israel and condemning Germany’s decision to support Israel in South Africa’s genocide case at the ICJ, drawing parallels to Berlin's own Herero genocide in Namibia, which happened between 1904 and 1908.

Senegal, under Prime Minister Ousmane Sonko, has pledged to take "more concrete actions" in support of Palestinian rights.

South Africa set a major legal precedent by bringing a case against Israel at the ICJ for violations of the Genocide Convention.

"Our actions are not punitive. They are preventative, designed to ensure compliance with international law and to protect the vulnerable," said South Africa’s Minister of International Relations and Cooperation, Ronald Lamola, in a joint statement.

"The Hague Group’s formation marks a turning point in the global response to exceptionalism and the broader erosion of international law. It sends a clear message: no nation is above the law, and no crime will go unanswered."

The group aims to build upon South Africa’s case against Israel at the ICJ.

"The world cannot stand by and watch, when we made a commitment more than 75 years ago, that never again shall the world suffer atrocities," said Namibia’s Justice Minister, Yvonne Dausab.

"We cannot be and must not be selective about protecting lives regardless of who the victims are. All lives matter. Palestinian lives matter."

The steps outlined by the group reflect the growing frustration in the Global South over what is perceived as Western double standards regarding international law.

Sinn Fein support

From Ireland, Sinn Féin National Chairperson Declan Kearney also travelled to The Hague to support the nine-nation bloc.

"'The Hague Group' is a watershed moment in developing coordinated international state action against the use of genocide, occupation, apartheid, and ethnic cleansing against the Palestinian people," Kearney said in a statement prior to his visit on Friday.

"The formation of 'The Hague Group' is a hugely significant development. It is a decisive initiative aimed at maximising international pressure for sanctions and an arms embargo against Israel until the genocide ends, Palestinian national sovereignty and self-determination are secured, and an independent Palestinian state with East Jerusalem as its capital is established."

'Limited' international action

Switzerland has been tasked with convening a conference in March for the 196 signatories of the Geneva Convention, focusing on the obligation to uphold international humanitarian law in the occupied Palestinian territories.

Another conference is scheduled for June in New York to discuss a two-state solution.

Additionally, the ICJ has been asked by the UN General Assembly to provide an urgent advisory opinion on Israel's obligations as the occupying power, particularly regarding humanitarian relief efforts.

Critics argue that such countermeasures remain limited, saying that Israel routinely disregards ICJ and ICC rulings.

Under former President Joe Biden, the United States gave near-unlimited military and diplomatic support to Israel as it killed tens of thousands of Palestinians in Gaza, suggesting that it had little regard for international law.

The new Trump administration has signalled that it will be even more pro-Israel than the previous government, lifting sanctions on Israeli settlers and approving the delivery of 2,000 pound bombs to Israel.

US Secretary of State Marco Rubio has endorsed a bill currently before Congress that would impose sanctions on any individual or entity engaging with an ICC investigation involving an American or a US ally. The proposed measures would extend to family members of those targeted.



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