The UN court avoids calling for a ceasefire in Gaza but demands that Israel take action to prevent genocide
The United Nations International Court of Justice (ICJ) on Friday ordered Israel to take all necessary measures to prevent genocide from being committed against the Palestinian population in Gaza, which must be protected by the Convention on the Prevention and Punishment of the Crime of Genocide ( 1948). Israel was also ordered to ensure that its troops did not commit similar acts; that measures be taken to prevent and punish incitement to genocide; and to allow humanitarian aid into the Gaza Strip. Israel, on the other hand, must inform the International Court of Justice that it is complying with these measures and preserving evidence of the crimes. However, it has not called on the Jewish state to stop its military offensive in the enclave.
The order follows South Africa's lawsuit filed with the International Court of Justice in late December, arguing that Israel allegedly has “genocidal intentions” against the Palestinian population. He also stressed that the events in Gaza “go beyond legitimate defense.”
Reading the decision, Joan Donoghue, president of the court, said they were “aware of the human tragedy that is unfolding in the region.” He also described the humanitarian situation in Gaza as “catastrophic” and that “there is urgency as there is a risk that the situation will worsen.”
The TIJ decision was one of the most complex this court has faced and was surrounded by political tensions. These judges' orders are binding and, while lacking the ability to enforce compliance, do place pressure on the states involved and their allies. In any case, there is an executive mechanism to check that they are being complied with by requesting regular reports from Israel. Article 41 of the ICJ Statute, in turn, states that it must inform the UN Security Council of the decision made. The council can remind Israel to follow the judges' orders or take its own action. It is not obliged to do the latter and in this case relies on the Charter of the United Nations.
The court consists of 17 judges: the 15 regular judges and two additional ad hoc judges, appointed by the parties to the dispute and not of their nationality. On the Israeli side, Aharon Barak, former president of his country's Supreme Court, intervened. Dikgang Moseneke, who was vice-president of the Supreme Court, intervened on the South African side.
From now on, if South Africa moves forward, the case will be judged on the merits and Israel can file preliminary objections to the court's jurisdiction. Overall, a decision on whether there was a genocide in Gaza could take several years.