IRIA News

The United Nations’ top court, the International Court of Justice (ICJ) issued a provisional order on January 26, 2023, preventing Israel from conducting genocidal acts in Gaza. The court, however, failed to impose a ceasefire in the ongoing crisis that has claimed more than 26,000 Palestinian lives.

The highly anticipated order was issued after the hearing of a case filed by South Africa. In its verdict following weeks-long arguments from both sides where the legal implications of Israel’s attacks in Gaza were discussed, the court provided minimal solace to Israeli leaders in a genocide accusation.

Addressing a fundamental aspect of one of the world’s most enduring conflicts, the court’s several directives present a formidable challenge to implement without a ceasefire or a temporary cessation of hostilities.

“The court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering,” court President Joan E. Donoghue said in the order.

Although the court did not call for an immediate halt to Israel’s military action, as South Africa had asked it to do, it is being interpreted as a victory for those who support South Africa’s case.

READ HERE: summary 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/1NW9Kp5YJG pic.twitter.com/fSa3HH8SoH

— CIJ_ICJ (@CIJ_ICJ) January 26, 2024

The judgment constituted a strong condemnation of Israel’s actions during the conflict, intensifying global calls to end the nearly four-month-long offensive. With a death toll exceeding 26,000 Palestinians, widespread destruction in Gaza, and the displacement of nearly 85% of its 2.3 million inhabitants, the ruling adds to the urgency of halting the ongoing crisis.

“For the implementation of the international rule of law, the [ICJ’s] decision is a momentous one,” said South Africa in a statement. It called the ruling a “significant milestone in the search for justice for the Palestinian people”.

The Palestinian foreign minister said the ruling showed that “no state is above the law”, adding it “should serve as a wake-up call for Israel and actors who enabled its entrenched impunity”.

Israeli Prime Minister Benjamin Netanyahu did not address the ruling directly but said “Israel’s commitment to international law is unwavering. Equally unwavering is our sacred commitment to defend our country.”

He said South Africa’s allegation that Israel was committing genocide was “not only false, it’s outrageous, and decent people everywhere should reject it”.

Israeli Defense Minister Yoav Gallant dismissed the ruling, saying Israel “does not need to be lectured on morality in order to distinguish between terrorists and the civilian population in Gaza”.

A spokesman for Hamas called the outcome “important”, saying it contributed to “isolating Israel.”

The ICJ has mandated Israel to implement a series of measures to prevent potential genocidal acts against Palestinians in Gaza. These measures extend beyond the battlefield to include addressing public incitement to genocide.

Additionally, Israel is required to take “immediate and effective measures” to facilitate the provision of aid to the people in Gaza. The court stipulated that Israel must report its compliance within one month. It’s crucial to note that while ICJ orders are legally binding, the court lacks the power to enforce them, and Israel is not expected to commit to these orders.

Since October 7, Israel’s bombardment in Gaza has resulted in the death of over 26,000 Palestinians, primarily women and children, according to Gaza’s Hamas-run health ministry. Israel initiated the offensive in response to waves of Hamas gunmen breaching the border, leading to about 1,300 casualties, mostly civilians, and around 250 individuals taken as hostages and brought back to Gaza.