It is a historic verdict, welcomed by South Africa, which referred the matter to the court. The International Court of Justice (ICJ) – the highest court of the UN – asked, Friday January 26, Israel to do everything possible to “prevent the commission of any act falling within the scope of application” of the Genocide Convention, and to take “all measures in its power to prevent and punish direct and public incitement to commit genocide”. The ICJ, which sits in The Hague, however, did not mention a ceasefire.
At this stage, the Court has not advanced on the question of whether or not Israel is committing genocide. She ruled on emergency orders before reviewing the case on its merits, a process that can take years.
Furthermore, the orders of the Court, which decides disputes between countries, are legally binding and final, but it has no means of enforcing them. For example, she ordered Russia to suspend its invasion of Ukraine, to no avail.
Israel must also take “immediate and effective measures to enable the provision of basic services and humanitarian assistance that Palestinians urgently need to address the adverse living conditions they face”ruled the ICJ.
A “decisive victory” for Pretoria
South Africa immediately reacted by welcoming a “decisive victory for the international rule of law and an important step in the quest for justice for the Palestinian people”. The Ministry of Foreign Affairs, in its press release, considers that the Court “determined that Israel’s actions in Gaza are plausibly genocidal and issued interim measures on that basis”thanking her “for his quick decision”.
Pretoria launched the procedure by considering that Israel was violating the United Nations Convention on Genocide of 1948, established in the aftermath of the Second World War and the Shoah. “Genocides are never declared in advance”underlined Adila Hassim, a lawyer from South Africa, during hearings in January. “But this Court has had the benefit of evidence over the last thirteen weeks that indisputably shows a pattern of behavior and intent that justifies a plausible allegation of genocidal acts.”she added.
Spain, one of the most critical voices in Europe towards Israel since the start of the conflict with Hamas, also welcomed this decision. ” We (…) ask the parties to apply the interim measures that [la Cour] decreed »wrote the Spanish socialist prime minister, Pedro Sanchez, in a message published on the social network.
As for the European Union, it is awaiting implementation “complete, immediate and effective” of the verdict. The decisions “of the International Court of Justice are binding on the parties, and they must comply with them”is it written in a joint press release from the head of European diplomacy, Josep Borrell, and the European Commission.
“Scandalous” accusations, according to Benyamin Netanyahu
The affair aroused strong emotions in Israel. The Israeli Prime Minister, Benjamin Netanyahu, judged “scandalous” the accusations of “genocide” in Gaza filed by South Africa. “The despicable attempt to deny Israel” THE ” fundamental right “ to defend oneself is “blatant discrimination against the Jewish state, and it was rightly rejected,” said Mr. Netanyahu. Before the verdict, the latter was already indignant: ” It’s the world upside down “he said.
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“If there were acts that could be described as genocidal, then they were perpetrated against Israel”, said Israeli lawyer Tal Becker before the ICJ. Benjamin Netanyahu has already suggested that he would not feel obliged to follow a court order. “No one will stop us, neither The Hague, nor the axis of evil, nor anyone else”he said.
The United States reaffirmed that the accusations of “genocide” against Israel are ” unfounded “in reaction to the ICJ decision. “We note that the Court did not find genocide nor call for a ceasefire”declared a spokesperson for the State Department, the Court having not yet ruled, at this stage, on the merits.
Hamas, in power in Gaza since 2007, for its part, welcomed “an important development” Who “isolates Israel”. It is “an important warning that no state is above the law”reacted the Minister of Foreign Affairs of the Palestinian Authority, Riyad Al-Maliki, in a video message. “States now have a clear legal obligation to end Israel’s genocidal war against the Palestinian people of Gaza”he continues.
“I consider the provisional injunction decision taken by the International Court of Justice regarding the inhumane attacks in Gaza to be valuable, and I welcome it”wrote on the social network “We hope that Israel’s attacks on women, children and the elderly will end”he added.
The war was sparked by the unprecedented Hamas attack on Israeli soil on October 7, which resulted in the deaths of more than 1,140 people, mostly civilians, according to an AFP count based on official data. Israel swore “to annihilate” Hamas and launched a vast military operation, which caused the deaths of 26,083 Palestinians, the vast majority of them women, children and adolescents, according to the Islamist movement’s health ministry.