Rarely has an order from the International Court of Justice (ICJ) been so awaited. Following the referral to the highest UN court by South Africa, which accuses Israel of committing genocide in the Gaza Strip, the Palestinians and their supporters hoped that the judges in The Hague would order Hebrew State to cease its operations in the coastal territory. Israel and its supporters, for their part, wanted to believe that the magistrates would bury the case by judging Pretoria’s request unfounded.
The result is mixed. The ICJ did not go so far as to call for a cessation of hostilities in Gaza, but it validated South Africa’s approach, considering that there is a “real and imminent risk” for the rights of Palestinians, including their protection against genocide. To this end, the magistrates pronounced six precautionary measures, the most important being the request made to Israel to “take all measures in its power to prevent the commission of acts » genocidists.
Reading the order, the president of the ICJ, the American Joan Donoghue recalled that at this stage, the judges should not decide the question of whether Israel is committing genocide against the Palestinians of Gaza. This substantive procedure could take months or even years. But South Africa, which approached the Court on December 29, 2023, had requested emergency measures and the magistrates granted this request by an overwhelming majority.
The interim protective measures set out by the ICJ were each adopted by fifteen or sixteen of the seventeen judges who ruled on this case. In addition to preventing the commission of acts of genocide and ensuring that its army complies with this obligation, the Hague institution ordered Israel to “prevent and punish direct and public incitement to commit genocide”.
The judges recalled inflammatory statements made by several senior Israeli leaders, including President Isaac Herzog – “It’s an entire nation that is responsible. All this talk about civilians who didn’t know anything and weren’t involved. It does not exist ” – and Yoav Gallant, the minister of defense – “I lifted all the limits (…). We fight human animals (…). We will destroy everything. » Words judged “dehumanizing” by South Africa, during the pleadings held in The Hague on January 11 and 12.
Pretoria wins “eternal recognition” from Palestinians
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