Can the Hague Group force the world to stop the Gaza genocide?

On 31 January, 2025 eight nations officially formed The Hague Group with a mission to pursue “collective action through coordinated legal and diplomatic measures at both national and international levels” to hold Israel accountable for grave violations of international law against the Palestinian people.

Chaired by Colombia and South Africa, the group includes six other global south nations that have been outspoken in their criticism of the genocide perpetrated by Israel against Palestinians in Gaza and the wider Occupied Territories:  Bolivia, Cuba, Hondura, Malaysia, Namibia and Senegal.

The Hague Group held a summit in Bogota this month, attended by ministerial delegates from 30 nations, including China, Ireland, Qatar, Oman, Brazil and Pakistan, with the ultimate aim of halting the Gaza genocide and supporting Palestinians’ right to self-determination, and upholding international law -- On Wednesday, Brazil said it is finalising its submission to join South Africa's genocide case against Israel's actions in Gaza at the International Court of Justice.

Colombian Deputy Foreign Minister Mauricio Jaramillo Jassir, whose country severed diplomatic relations with Israel, emphasized the need to “formulate concrete steps to move from words to collective action.” 

The group also aims to take action to enforce the International Criminal Court’s arrest warrants issued last year for Israeli PM Benjamin Netanyahu and former Defence Minister Yoav Gallant, for crimes against humanity and war crimes in Gaza including murder and forced starvation leaving more than 211,000 Palestinians dead, maimed, or missing since October 2023.

In response, the US doubled down on its support for Israel, vowing to “aggressively defend our interests, our military, and our allies, including Israel, from such coordinated legal and diplomatic warfare.” 

The Hague Group was established as a legal-political alliance of Global South countries to push for the implementation of international law for Palestine, especially in confronting Israeli violations in the Gaza Strip. The goal is to activate international justice mechanisms, including ICC’s arrest warrants to ensure their implementation.

Global South: Last defenders of international law?

Experts say the formation of the Hague Group represents a strategic initiative by Global South countries aimed at reclaiming the tools of international law and liberating them from selectivity, using the South-South diplomacy model to enhance multilateral justice.

Both South Africa and Colombia play a pivotal role in steering the group’s direction. South Africa embodies the commitment to applying the principle of international responsibility through legal cases, while Colombia plays a key diplomatic role through hosting the Bogotá summit.

Held in the context of the Trump administration’s recent sanctions against UN Special Rapporteur Francesca Albanese – a fierce critic of Israel's war in Gaza who attended the event - the Bogotá summit was a pivotal event for directing efforts toward activating legal accountability tools in confronting Israeli violations in its bid transform traditional political support for Palestine into legal and economic commitments.

At the conclusion of the summit twelve signatories (Bolivia, Colombia, Cuba, Malaysia, Namibia, South Africa, Indonesia, Iraq, Libya, Nicaragua, Oman, and Saint Vincent and the Grenadines) who were among thirty nations in attendance, pledged to not supply or transport arms, fuel, or equipment to the Israeli military, to review government contracts and to prevent vessels carrying these supplies from using their ports, among other measures.

In addition to disrupting supplies to Israel’s military, the countries also committed to review public contracts to prevent public funds from “supporting Israel’s illegal occupation of the Palestinian Territory.”

However, the group’s efforts faced a cold reception from Europe and outright rejection from the United States which, along with Israel, does not recognize the jurisdiction of the ICC which weakens enforcement mechanisms, as they are not parties to the Rome Statute, the international treaty that established the ICC.

Like the anti-apartheid campaign for South Africa in the 1960s, The Hague Group plans to use tools like boycotts and legal accountability, but it faces an adversary supported politically and militarily by major powers, as Israel will seek to confront international accountability efforts through political and diplomatic pressure, starting with a request to withdraw the ICC’s arrest warrants, which was rejected by the ICC last week.

“The Hague Group represents a qualitative shift in employing the tools of international law to transition from a solidarity discourse to enforceable legal procedures, which could significantly impact the Palestinian-Israeli conflict,” says Munir Nuseibeh, academic law professor at Jerusalem University.

However, Nuseibeh stresses that the failure of international law to protect Palestinian civilians in Gaza, is proof that the current legal mechanisms are inadequate. 

“Despite the existence of clear obligations in the Genocide Prevention Convention and Geneva Conventions, the absence of the necessary political will to implement these agreements has made the situation more complex,” says Nuseibeh.

Nuseibeh also points to the near absence of Arab and European countries from the Hague Group, as a political and economic challenge to the group’s efficacy. This absence, he says, is not incidental, but reflects a complex political reality, especially under the pressures exerted by the United States.

“It is necessary to expand this initiative into a comprehensive international movement,” says Nuseibeh. “Maintaining the credibility of the international legal system requires more countries to join this effort.”

He also calls on human rights organizations and regional bodies to take practical steps to confront Israel’s genocide and restore legal accountability.

Potentials and limitations

“In light of recurring humanitarian crises, the role of international blocks is vital for improving the humanitarian situation,” says Mohammed Khallouf, researcher and academic at the Arab American University.

Even though the current situation has been described as a “genocide” says Khallouf, the crisis lies in the imperial hegemony preventing the implementation of punitive measures.

“But the strength of the current international movements is in supporting the recognition of a Palestinian state, despite the challenges imposed by major powers,” says Khallouf.

“The international community must adopt the same approach towards the Palestinian cause as it did during the anti-apartheid movement which relied on strategic alliances with nations and international organizations,” Khallouf adds. 

The consistent US pressure on countries that launched initiatives supporting the Palestinian cause, however, reflects the urgent need for greater international solidarity to achieve justice and peace.

“The Hague Group faces several legal obstacles hindering their goal of activating the mechanisms of international justice,” explains Khallouf, “the most prominent of which is the refusal of Israel and the US to recognize the jurisdiction of the ICC and hence it’s inability to implement the arrest warrants.”

Khallouf reiterates the impact of the limited support from Arab and European countries, which he says weakens its ability to pressure Israel. 

“The Hague Group may also face local legal challenges related to how to implement international decisions,” he adds.

A major aspect of the complexity of the Palestinian situation, he says, is the divisions between Palestinian factions.

“These divisions hinder the unification of international efforts to support the Palestinian cause,” says Khallouf, noting the importance of awareness campaigns that highlight the group’s objectives and building alliances with human rights organizations to add pressure on major powers and shore up support for the Palestinian cause.

“Popular diplomacy,” he says, “can also be activated by encouraging local communities and activists to express their support, in addition to pressuring governments to support the group’s efforts.”

Part of that effort, he adds, includes collecting legal evidence of Israeli violations and presenting it to the international community, in summits that bring together global decision-makers.

“We must also raise funds and use the media to spread the word, while focusing on success stories to encourage more support and expand membership which will strengthen the Hague Group’s zone of influence,” he says.

Aseel Mafarjeh is a West Bank-focused journalist, focusing on stories that speak of the challenges and creativity of youth in Palestine.