The International Court of Justice (ICJ) today ordered that Israel must “take all measures within its power” to prevent all acts within the scope of the Genocide Convention. It was ruling on the nine provisional measures requested by South Africa in its genocide claim against Israel.
While the court did not agree to South Africa’s request for an immediate ceasefire in Gaza, it directed Israel to allow the entry of basic services and humanitarian assistance into the Palestinian enclave.
Highlighting that the interim ruling creates binding international legal obligations, Judge Joan E. Donoghue, the court’s President, ordered Israel to report to the court within a month on the steps taken to ensure compliance.
Notably, the UN’s top court took note of several statements made by senior Israeli officials that South Africa claimed were reflective of its “genocidal intent”. In particular, the court referred to remarks made by Israeli Defence Minister Yoav Gallant in ordering a “complete siege” of Gaza and telling troops that they are fighting against “human animals”.
Whether Israel will choose to abide by the ruling is debatable since the court does not have any enforcement powers. For instance, in March 2022, the ICJ ordered Russia to halt its offensive in Ukraine. Although the order was legally binding, Moscow decided to ignore it, resulting in the continuation of hostilities. However, today’s ruling could significantly sway international public opinion.
Also Read: The issue of genocide and the world court
In public hearings conducted from January 11-12, South Africa argued that Israel’s military operations in Gaza violated the Genocide Convention and that it had been carrying out hostilities against Palestinians even before Hamas’s actions on October 7 which killed around 1,200 people, and led to around 240 people being taken, hostage.
Reliance was also placed on reports by the International Committee of the Red Cross, the World Health Organisation, and officials of the United Nations to highlight the indiscriminate killing of civilians and Israel’s blockade of humanitarian assistance that have pushed Palestinians to the “brink of famine”.
Israel, on the other hand, contended that there was no dispute between the parties and that the scope of its military operation was limited to destroying Hamas. It also accused South Africa of relying on statistics provided by Hamas on casualties.
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