Rarely has a decision from the International Court of Justice (ICJ) been so expected. Following South Africa's appeal to the UN's top court accusing Israel of committing genocide in the Gaza Strip, Palestinians and their supporters hoped that judges in The Hague would order the Hebrew state to halt its operations in the coastal area. Israel and its supporters, for their part, wanted to believe that the judges would bury the case by ruling Pretoria's application as unfounded.
The result is mixed. The ICJ did not go so far as to call for a cessation of hostilities in Gaza, but endorsed South Africa's approach, saying there was a “real and imminent danger” to the rights of Palestinians, including their protection from genocide. To this end, the judges issued six precautionary measures, the most important of which was a call on Israel to “take all measures within its power to prevent the commission of acts of genocide.”
Reading the decision, the President of the International Court of Justice, the American Joan Donoghue, recalled that the judges should not yet decide at this point on the question of whether Israel is committing genocide against the Palestinians in Gaza. This substantive process could take months or even years. But South Africa, which approached the court on December 29, 2023, had requested emergency measures and the judges overwhelmingly granted this request.
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The interim protective measures established by the International Court of Justice were each taken by fifteen or sixteen of the seventeen judges who decided the case. In addition to preventing the commission of acts of genocide and ensuring that its army fulfills this obligation, the Hague institution ordered Israel to “prevent and punish direct and public incitement to genocide.”
The judges recalled inflammatory statements by several senior Israeli leaders, including Jewish state President Isaac Herzog: “It is an entire nation that is responsible.” All this talk about civilians who knew nothing and were not involved. It does not exist” – and Yoav Gallant, the Minister of Defense – “I have removed all borders (…). We fight against human animals (…). We will destroy everything. » Statements South Africa deemed “dehumanizing” during the plea hearings in The Hague on January 11 and 12.
Pretoria gains “eternal recognition” of the Palestinians
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