On Friday, the International Court of Justice (ICJ) issued an order instructing Israel to undertake necessary actions to prevent the killings of civilians in the Gaza Strip. The ruling pertained to the nine provisional measures sought by South Africa in its genocide case against Israel.
Additionally, the court-mandated Israel to permit the provision of essential services and humanitarian aid for the Palestinian population in Gaza. Emphasising the legally binding nature of the interim decision on Israel, Judge Joan E. Donoghue, the President of the court, directed Israel to submit a report within a month outlining the measures taken to ensure adherence to these directives.
The compliance of Israel with the court’s ruling is a matter of debate, as the court lacks enforcement powers. A similar scenario unfolded in March 2022 when the ICJ ordered Russia to cease its offensive in Ukraine. Despite the legally binding nature of the order, Moscow chose to disregard it, leading to the ongoing hostilities. Nevertheless, the ruling has the potential to exert a substantial influence on international public opinion.
During public hearings held on January 11-12, South Africa asserted that Israel’s military actions in Gaza contravened the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The argument relied extensively on statements made by Israeli officials and military leaders, aiming to establish that these statements could be interpreted as indicative of “genocidal intent.”
In the hearings held from January 11-12, South Africa asserted that Israel’s military operations in Gaza violated the Genocide Convention, basing its argument heavily on statements from Israeli officials and military leaders. The contention was that these statements suggested “genocidal intent.”
South Africa further argued that Israel had engaged in hostilities against Palestinians even before the actions by Hamas on October 7, resulting in significant casualties and hostage situations. Reports from organizations such as the International Committee of the Red Cross, the World Health Organization, and United Nations officials were cited to emphasize the indiscriminate killing of civilians and Israel’s blockade of humanitarian assistance, pushing Palestinians to the “brink of famine.”
In response, Israel maintained that there was no dispute between the parties and asserted that the scope of its military operation was limited to targeting Hamas. Israel accused South Africa of relying on statistics provided by Hamas regarding casualties. Israel argued that unintended civilian casualties during the pursuit of lawful military objectives did not indicate genocidal intent.
