Why No Arab Country Has Sued Israel at The Hague

by Rachel
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Ahmed Jamil Azem, a Professor of International Affairs at Qatar University, highlighted a positive aspect regarding South Africa's legal action against Israel at the International Court of Justice (ICJ). Questions arise as to why no Arab country has filed a case.

In an exclusive interview with Al Jazeera Net, Azem explained that South Africa being a non-Arab state and taking this action demonstrates that the issue is not merely an Arab party against an Israeli party. Additionally, South Africa has significant experience in resorting to international law.

He pointed out that despite the positive side, there's a negative sentiment and surprise over the Arab states not exhausting all available legal and diplomatic tools to claim Arab rights.

American Pressure

The legal expert continued by stating that the United States had exerted considerable pressure on Palestinians in the past to prevent them from appealing to international law. He referred to an instance when former U.S. President Barack Obama told Palestinian President Mahmoud Abbas that pursuing permanent membership at the United Nations, in order to join international organizations and engage in international treaties, was akin to "using a nuclear bomb."

This implies that the U.S. has official and substantial reservations about Israel, and works to prevent Palestinians and Arabs from seeking justice through international law and organizations, as well as opposing Palestinian membership in international frameworks.

The international affairs professor elaborated that for instance, the United States withdrew from UNESCO and froze its membership in response to the acceptance of Palestine as a member, thereby extending legal and political protection to Israel, along with military support.

He confirmed that consequently, the U.S. exerted significant pressure on Arab states to deter them from resorting to international law or international organizations.

Previous Attempt

Azem recalled that at the end of his term, Obama agreed to present a resolution condemning the settlements, which was issued as Resolution 2334 and was put forward by Egypt. At that time, former President Donald Trump, who had won the elections but had not yet taken office, tried to persuade the Obama administration to reject the resolution and use the American veto power. However, Obama's administration did not comply.

Trump then asked the Egyptian President Abdel Fattah el-Sisi, who had strained relations with Obama's administration, to withdraw the Egyptian resolution draft in exchange for a promise of a comprehensive solution to the Palestinian issue and improved U.S.-Egypt relations.

The legal expert concluded that the primary reason Arab countries have not approached the International Court of Justice is due to American pressure.

The International Court of Justice began its initial hearings on the lawsuit filed by South Africa against Israel this Thursday, accusing Israel of committing genocide against Palestinians in the Gaza Strip.

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