New Delhi: The International Court of Justice (ICJ) Friday rejected Israel’s petition to throw out the charges of genocide brought by South Africa but stopped short of calling for a ceasefire of Tel Aviv’s military action in the Gaza Strip.
The court also ordered six provisional measures to protect the rights and lives of Palestinian civilians in Gaza. This is just an interim measure and the president of the International Court of Justice Joan E. Donoghue made it clear that its decision does not mean that Israel has violated its obligations under the Genocide Convention.
The court ordered the Israeli military to contain the killing of Palestinian civilians, while preserving any evidence regarding its actions in the strip. It also ordered Israel to punish individuals calling for the genocide of Palestinians, allow more aid into the Palestinian enclave and to report back to the court within one month of the actions taken.
Orders of the ICJ are binding but the court has little means of enforcing them.
“At the present stage of the proceedings, the court is not required to ascertain whether any violations of Israel’s obligations under the Genocide Convention have occurred. Such a finding could only be made by the court only at the stage of examination of the merits of the present case,” said Judge Donoghue.
“In the court’s view at least some acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the (Genocide) Convention,” the judge added.
READ HERE: the full text of the #ICJ Order indicating provisional measures in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (#SouthAfrica v. #Israel) https://t.co/hK7qZECsaO pic.twitter.com/1eOkfb4lhx
— CIJ_ICJ (@CIJ_ICJ) January 26, 2024
The court upheld South Africa’s right to bring forth the charges as a state party to the Genocide Convention, even as it not a party to the current conflict in Gaza.
The ICJ also found that the Palestinians constitute a distinct group that is protected under Article II of the Genocide Convention.
“The Palestinians appear to constitute a distinct national, ethnical, racial or religious group and hence a protected group within the meaning of Article II of the Genocide Convention,” explained Judge Donoghue.
“The court notes that the military operation being conducted by Israel following the attack of 7 October 2023 has resulted in a large number of deaths and injuries, as well as massive destruction of homes, the forcible displacement of the vast majority of the population and extensive damage to civilian infrastructure,” added Judge Donoghue.
The Palestinian Ministry of Foreign Affairs in a statement on X (formerly Twitter) said that the ICJ ruled in favour of “humanity and international law” and called on all states to “ensure that all provisional measures ordered by the court are implemented.”
Palestine welcomes the provisional measures ordered by the International Court of Justice today. The ICJ judges assessed the facts and the law. They ruled in favor of humanity and international law.
We call on all states to ensure that all provisional measures ordered by the… pic.twitter.com/aLeVXRJNVl
— State of Palestine – MFA 🇵🇸🇵🇸 (@pmofa) January 26, 2024
Israeli Prime Minister Benjamin Netanyahu rejected the charge of genocide levelled against Tel Aviv after the provisional orders of the court. He called the charges of genocide as “false and outrageous” in a post on X.
Prime Minister Benjamin Netanyahu's comments on the decision of the International Court of Justice in The Hague:
"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people. pic.twitter.com/Zz0V76Otg6
— Prime Minister of Israel (@IsraeliPM) January 26, 2024
Members of the ruling party of South Africa, the African National Congress (ANC) were seen celebrating the ICJ ruling, with a video of the celebrations posted on X, in which one can hear calls for the freedom of Palestine.
[WATCH] The International Court of Justice rules in favor of South Africa's request for provisional measures against Israel over Gaza war. 🙌🏽#FreePalestine #ANC112 #ANCNEC pic.twitter.com/WdrcvTszSu
— ANC SECRETARY GENERAL | Fikile Mbalula (@MbalulaFikile) January 26, 2024
South Africa’s case in the ICJ is a result of Israel’s land, air and sea offensive in the Gaza Strip following the surprise attack by the Palestinian militant outfit Hamas — in control of the strip since 2007 — on 7 October last year. The attack resulted in the deaths of 1,200 Israelis, with at least another 240 individuals captured as hostages.
The resulting offensive by Tel Aviv has led to the deaths of at least 26,000 Palestinians, according to the health ministry of the Hamas-controlled enclave. Israeli strikes have devastated large parts of civilian homes and infrastructure in Gaza and according to some reports, have led to the displacement of nearly 85 percent of its population from their homes.
(Edited by Amrtansh Arora)