News - Middle East: Professor William Schabas, a preeminent authority on genocide and international criminal law, has said that the ongoing genocidal war in Gaza could lead to significant legal repercussions for Israel and its allies, notably the United States and Germany.

In a recent interview with the European Center for Populism Studies (ECPS), Schabas described the situation as a crucial “litmus test” for the efficacy of international justice mechanisms.

Professor Schabas, a professor at Middlesex University and a descendant of Holocaust survivors, emphasized that the case initiated by South Africa against Israel at the International Court of Justice (ICJ) could represent “the strongest case of genocide” ever presented before the tribunal.

He cited Israel's genocidal operations, alongside statements from senior officials—including former Israeli minister of military affairs, Yoav Gallant's remarks about cutting essential supplies to Gaza—as indicators of a potential genocidal intent.

“Israeli Prime Minister Netanyahu’s portrayal of Gaza’s population as an existential threat intensifies the risk of incitement and atrocities,” Schabas remarked, cautioning that such populist rhetoric has historically fueled mass violence.

He warned that third-party nations, particularly those offering military support—including the US and Germany—might find themselves liable as “accomplices to genocide” under the Genocide Convention.

Reflecting on the complexities of the Gaza genocide, Schabas underscored that the ICJ's handling of the South Africa v. Israel case will not only affect the involved parties but will also set a precedent for the application of international law to powerful nations.

“The credibility of international institutions is on trial; failure to hold states accountable threatens to perpetuate a two-tier system of justice,” he stated.

Professor Schabas further elaborated that there are legal obligations under the Genocide Convention for states to act against genocide, extending to nations that do not directly perpetrate violence but enable it through support or complicity.

“Countries like the US and Germany must recognize their potential liability, as their material assistance places them in violation of international law,” he warned.

He concluded that the genocide in Gaza offers a pivotal moment for international legal frameworks, emphasizing the need for robust responses from global institutions to prevent future atrocities.

If these institutions fail to act, Schabas argues, they risk damaging their own credibility and the wider effort to uphold human rights worldwide.

As the international community watches closely, Professor Schabas’s insights underscore a pressing urgency for accountability and justice amid the genocide in Gaza, raising critical questions about the role of powerful states in the prevention of genocide and the enforcement of international law.

Israel has killed over 63,400 Palestinians, mostly women and children, in Gaza since October 2023. The aggression has devastated the blockaded Palestinian region, which is facing famine.

Last November, the International Criminal Court issued arrest warrants for  Netanyahu and  Gallant for war crimes and crimes against humanity in Gaza.

Israel also faces a genocide case at the International Court of Justice for its war on the besieged Palestinian territory.

Source: Press TV