In Landmark Decisions, Two International Courts Affirm Palestinian Rights

As Israel continues to carry out its fast-motion genocide against Palestinians in Gaza, with atrocities beyond comprehension, Grassroots International recognizes the tireless efforts of our Palestinian partners and allies in laying the groundwork for two recent landmark decisions coming out of the international justice system.

On May 20, 2024, the International Criminal Court (ICC), an independent permanent judicial body based in The Hague that tries individuals accused of genocide, crimes against humanity, and war crimes, issued a decision to pursue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, along with three Hamas officials. Four days later, the International Court of Justice (ICJ), the principal judicial body of the United Nations that settles disputes between states, ruled that Israel must halt any military offensive in Rafah that could harm civilians.

Ayman Nijim, Grassroots International’s Solidarity Program Officer for the Middle East, shares that “Grassroots International has partnered with Palestine Center for Human Rights (PCHR) around the ICC and ICJ for years. This is a huge milestone in our work, even if Israel won’t abide by these rulings, as with prior ones. In my years of supporting our accompaniment of PCHR, I have observed their meticulous reporting and impeccable documentation of human rights violations, and their insistent belief in the rule of law and the long haul for justice, despite the crushing genocidal campaign in Palestine. Their work is beyond reproach.”

Ayman adds that “the ICC and ICJ decisions won’t bear fruition without ongoing top-notch work of Palestinian human rights organizations,” stressing the need for continuous accompaniment, solidarity, and support for groups like PCHR doing essential work on the ground in Palestine, at extreme personal risk.

Dr. Raji Sourani, head of PCHR, is the coordinator of Palestine’s legal team at the ICC, as well as being a member of South Africa’s legal team that took Israel to the ICJ for committing genocide in Gaza. Commenting on the ICC decision, Dr. Raji shared that “It is good to have [this announcement to pursue] warrants against Netanyahu and Gallant and to have the investigation in process; it is something we worked on for years. We realize this is history made.”

However, Dr. Raji is quick to point out the shortcomings of the decision, including that it is delayed, falls short of naming genocide, fails to mention occupation, and is narrowly focused on the period beginning in October 2023. The last point is critical because the ICC had officially opened its investigation into Israeli crimes against Palestinians back in 2021, based on violations ranging from 2014 onward. He stresses:

“The delay in issuing the warrants cost us, the Palestinian people, in recent months, tens of thousands killed and injured, including 14,000 children, eighty percent of Gaza destroyed, starvation, and displacement. Justice cannot and should not be selective or politicized. We will keep up the struggle for accountability and the rule of law until there is justice and dignity for the Palestinian victims of the plausible genocide by the criminal belligerent occupation.”

While these two rulings of the international justice system do not in themselves spell an end to the current genocide, they serve as critical tools and leverage points in the mounting global outcry. The rulings put even greater pressure on the Israeli government and on the US government, which continues to provide billions in military aid to Israel, used against civilians in violation of international law. Grassroots International will continue to join with others to do all in our power to end the genocide and push for a free Palestine, including supporting the Palestinian organizations leading these efforts and saving lives.