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Walter G. Wasser

Stand with Israel Against ICJ’s Unjust Decision

The Honorable Antony Blinken
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520

Dear Secretary Blinken,

I write to you today with a heavy heart, compelled to address the recent decision by the International Court of Justice (ICJ) in The Hague, which has issued an order to halt Israeli military operations in the Rafah area. This decision, targeting the State of Israel, carries severe implications for our nation.

Today’s hearing was not at the International Criminal Court (ICC) but at the ICJ, the judicial arm of the United Nations (UN). All UN member states, including Israel, are members of the ICJ. The court has two primary functions: issuing judgments in disputes between states and providing advisory opinions at the request of the UN General Assembly or the UN Security Council. While advisory opinions are non-binding, judgments or orders in state disputes are binding.

In this particular case, South Africa and other countries have filed a lawsuit against Israel, falsely alleging “genocide” in the Gaza conflict. Today’s ruling addressed a request to halt the war in Rafah, which South Africa amended to encompass the entire Gaza Strip. The court partially accepted South Africa’s request and ordered the cessation of Israeli military operations in Rafah. This decision, made before the hostages were returned to Israel and before Hamas was disarmed, may have been influenced by the court’s composition, including anti-Israeli Lebanese judge Nawaf Salam.

The implications of this order are significant. Legally, Israel is obligated to comply. However, the ICJ has no enforcement mechanism, placing the responsibility on the UN Security Council. Article 94 of the UN Charter allows states that filed the lawsuit to request the Security Council to enforce the order if Israel does not comply. The Council could impose sanctions on Israel or even use force.

Moreover, this ICJ decision might affect the ICC’s decision on international arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. It could also exacerbate rising antisemitism worldwide.

On a personal note, it is deeply troubling to witness how international judicial institutions, which are supposed to uphold justice, appear morally bankrupt in this context. Our enemies still hold our brothers and sisters in Gaza’s terror tunnels. After the October 7 massacre, where Jews were tortured, slaughtered, and burned, and Jewish women were raped as a war tactic, the world chooses not to combat this evil but to target Israel.

Instead of focusing on disarming Hamas and securing the hostages’ release, which would immediately end the conflict, the world ensures the continued existence of these terrorists. This not only jeopardizes the safety and security of Israelis but also undermines the principles of justice and humanity.

I urge you, Mr. Secretary, to stand with Israel in these trying times and to use your influence to advocate for a just resolution that prioritizes the safety and security of all innocent lives over political maneuvering.

Sincerely,

Walter G. Wasser

Jerusalem, Israel

About the Author
The author is a specialist in nephrology and internal medicine and lives with his wife and family in Jerusalem.