It has been getting a lot of publicity and is expected pick up the Oscar for best documentary, but it wasn’t until last night that I got the chance to see it in full. It was a total coincidence given what is going on in The Hague this week, but in a way quite fitting, 20 Days in Mariupol takes you right into the horrors of a war zone. It’s recommended, but I caution everyone, it is painful to watch. Mstyslav Chernov’s and Evgeniy Maloletka’s documentary chronicles the bloody Russian attack on the strategically located Ukrainian city of Mariupol in early 2022. In particular civilians were targeted in order to force a rapid military breakthrough. It features the infamous and gruesome mortar attack on a maternity ward which brought the plight of the city to international attention.
After watching it I wondered where the international community had been given that so little in the end was done to prevent the brutal and intentional slaughter of totally innocent civilians. Well, Ukraine did file a case with the International Court of Justice (ICJ) claiming genocide after it was attacked in late February 2022. Within weeks the ICJ ruled that Russia should "immediately suspend the military operations". The larger claim of genocide is still making its way through the court and it may take years to resolve. Now some two years in we all know how diligent and committed Russia has been in complying with the court's initial ruling.
Many thought that South Africa’s claim against Israel over genocide in Gaza would take a similar route and force Israel to stop military operations. It did not. On the contrary, the ICJ ruled and it delivered a mixed bag earlier today - which you can read here in detail - which South Africa is hailing as a win, but so is Israel. Both parties got something and the real case to prove genocide will take many years, much like Ukraine vs. Russia. Note that Israel is now obliged to prevent genocide and take all measures to preserve evidence, something it is probably already doing. At the same time the court calls for the immediate an unconditional release of all hostages held by Hamas.
So what is the impact of this ruling then? We have to see how the world reacts and how this influences ongoing negotiations and diplomatic activity. With the news that some UNRWA staff were actually involved in committing atrocities on October 7th things can now go in many different directions. What is important to note is that at the national level various organization are trying to frustrate support for Israel through national courts. A case in The Netherlands was launched where some groups joined forces to take the Dutch government to court for providing military equipment, in particular spare parts for F-35 fighter jets arguing these are being used to commit war crimes. These cases have limited merit, it was rejected by the courts, however local judges now have some international case law that they will have to incorporate in their judgment. In other words, the road is open to find other ways to go after Israel and however frivolous these cases may be, the ICJ has now given them a bit more substance. This is what we call lawfare: if we can’t get Israel to lose or back down, we will find other means to paralyze its efforts.
But it is clear that when you consider Ukraine vs. Russia how different Israel’s case is. Israel is acting in self defense and not acting out in a way where it is specifically targeting civilians within the contested areas. The court has asked Israel not to do something it isn’t doing already and if it intends to still do it, to not do it. Nowhere in the ruling is there an order to stop and cease military operations.
More crucially to note is that when Ukraine was under attack, the country itself stepped up to see the case in court. In this case it was South Africa that made the move as a political player carrying water for the current leadership in Gaza for whom they also provide banking services it appeared this week. South Africa may simply have been the most suitable party to bring a case, using Syria or Iran may have been a lot more challenging for obvious reasons. As pointed out earlier here, the alliance against Israel goes from South Africa all the way back to Iran and Russia itself which now for two years is wilfully ignoring the ICJ’s order of 2022. Just to put this all into context.
Is there merit in these judicial exercises if countries abuse the system for political ends or completely ignore its rulings? Yes, I think there is. If you watch ‘20 days in Mariupol’ the key thing that is going through your mind is ‘where the hell was the world?’. The ICJ, as impotent as it may be, at least provides an avenue to try and change things and allows parties to air facts and sometimes legitimate grievances. It may help the most innocent that get trapped. The people of Gaza are being heard and the world, foremost Israel, will try to give the best possible help under extremely complicated circumstances (think about Hamas is not exactly helping its own citizens here). But you have to see the court’s actions in the context of all of its rulings and its eventual effectiveness which remains limited. During the height of the genocide in Syria it was adjudicating more obscure cases like Chile vs. Bolivia and Equatorial Guinea vs. France.
Anyway, there is no hope in hell that Hamas will comply with the order to release the hostages. There was also no way out for the innocents slaughtered in Mariupol. The machinations of evil roll on and deprive so many of the basic humanity they are entitled to. All we can do is to keep paying attention and call it out. In the end nations and their political leaders are the ones to force the real issues and create paths to safety and liberty for all. The court is one of the tools that can be used, but not more than that.