It is a historic ruling that was welcomed by South Africa, which referred the matter to the court. The International Court of Justice (ICJ) – the United Nations' highest court – called on Israel on Friday, January 26, to do everything possible to “prevent the commission of acts that fall within the scope” of the Genocide Convention and ” to take all measures.” It is within its power to prevent and punish direct and public incitement to genocide.” However, the International Court of Justice based in The Hague made no mention of a ceasefire.
At this point, the court has not yet addressed the question of whether Israel is committing genocide or not. She decided on emergency orders before reviewing the case on the merits, a process that can take years.
In addition, the decisions of the Court, which decides disputes between countries, are legally binding and final, but it does not have the power to enforce them. For example, she ordered Russia to suspend the invasion of Ukraine – to no avail.
Israel must also “take immediate and effective measures to enable the provision of essential services and humanitarian assistance that Palestinians urgently need to address the adverse living conditions they face,” the International Court of Justice ruled.
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A “decisive victory” for Pretoria
South Africa responded immediately, hailing a “decisive victory for the international rule of law and an important step in the pursuit of justice for the Palestinian people.” The Foreign Ministry said in its press release that the court “found that Israel's actions in Gaza are plausibly genocidal and on this basis announced interim measures” and thanked it “for its quick decision.”
Pretoria initiated the proceedings by declaring that Israel was violating the 1948 United Nations Genocide Convention, which was established after World War II and the Shoah. “Genocides are never explained in advance,” Adila Hassim, a South African lawyer, said during the hearings in January. “But this court has been able to rely on evidence over the past thirteen weeks that undeniably demonstrates a pattern of behavior and intent that supports a plausible allegation of acts of genocide,” she added.
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Spain, one of Europe's most critical voices towards Israel since the start of the conflict with Hamas, also welcomed the decision. “We (…) ask the parties to apply the interim measures.” [la Cour] “has decreed,” wrote Spanish Socialist Prime Minister Pedro Sanchez. in a message published on the social network.
The European Union expects “full, immediate and effective” implementation of the ruling. The decisions “of the International Court of Justice are binding on the parties and they must comply with them,” said a joint press release from the head of European diplomacy, Josep Borrell, and the European Commission.
“Scandalous” allegations, says Benyamin Netanyahu
The affair sparked strong emotions in Israel. Israeli Prime Minister Benjamin Netanyahu said South Africa's allegations of “genocide” in Gaza were “scandalous.” “The despicable attempt to deny Israel” the “fundamental right” to self-defense is “blatant discrimination against the Jewish state and has been rightly rejected,” Netanyahu said. He had already expressed his outrage before the verdict was announced: “The world is upside down,” he said.
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“If there were acts that could be described as genocide, then they were committed against Israel,” Israeli lawyer Tal Becker told the International Court of Justice. Benjamin Netanyahu has already indicated that he would not feel obliged to obey a court order. “No one will stop us, not The Hague, not the Axis of Evil, not anyone else,” he said.
The United States has reiterated that allegations of “genocide” against Israel are “baseless” in response to the International Court of Justice’s decision. “We note that the court has not made a finding of genocide or called for a ceasefire,” a State Department spokesman said, as the court has not made a decision on the matter at this time.
Hamas, which has been in power in Gaza since 2007, welcomed “an important development” that “isolates Israel.” It is “an important warning that no state is above the law,” responded Palestinian Authority Foreign Minister Riyad Al-Maliki in a video message. “States now have a clear legal obligation to end Israel’s genocidal war against the Palestinian people in Gaza,” he continues.
“I consider the interim order of the International Court of Justice regarding the inhumane attacks in Gaza to be valuable and welcome it,” wrote Turkish President Recep Tayyip Erdogan on the social network, one of the most critical leaders of Israel since the beginning of the conflict. “We hope that Israel’s attacks on women, children and the elderly will come to an end,” he added.
The war was sparked by Hamas's unprecedented attack on Israeli soil on October 7, which killed more than 1,140 people, mostly civilians, according to an AFP count based on official data. According to the Islamist movement's health ministry, Israel vowed to “destroy” Hamas and launched a massive military operation that resulted in the deaths of 26,083 Palestinians, the vast majority women, children and teenagers.
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