The International Court of Justice (ICJ) ordered Israel to take all measures to prevent genocide against Palestinians in Gaza, in a ruling on Friday that stopped short of calling for an immediate ceasefire but otherwise marked a momentous acknowledgment of the plausibility of South Africa’s claims of genocide against Israel.
ICJ President Joan Donoghue read out the decision, which stated that the court had jurisdiction to rule in this case – likely paving the way for a longer-term case – and issued provisional measures ordering Israel to report back within one month to show it had taken measures to protect Palestinians, punish incitement to genocide, and allow in humanitarian aid in Gaza.
South Africa, which brought the case in front of the court, will be allowed to respond to Israel’s report in front of the ICJ, and potentially challenge its claims if it believes Tel Aviv is not abiding by the court’s order.
Mondoweiss will be delving more in-depth into the ruling and its ramifications.
Israel has repeatedly made clear since the initial hearings on the case earlier this month that it would not abide by the ICJ ruling – but the decision will likely make it more difficult for Tel Aviv to argue its case on the international stage, and put its staunchest ally, the United States, which is also a signatory to the Genocide Convention, in an even more uncomfortable position.
Controversial American lawyer Alan Dershowitz, who had initially been considered to help represent Israel in front of the ICJ, had said earlier this week that Israel had made a mistake in recognizing the court’s legitimacy in the first place.
“It is not a real court. It’s a court whose judges are picked by their countries, it reflects foreign policy, not rule of law, not judiciary,” Dershowitz told Ynet on Wednesday. “I think that Israel made a mistake in submitting to the jurisdiction of the court, and it would make a mistake in complying with any ruling of the court. This is one of the most absurd abuses of the judicial process in modern history.”
“If the decision is in favour of provisional measures, there will be an implementation crisis and there will be a tug of war as to whether this ruling will be implemented and enforced and complied with by Israel,” Richard Falk, former UN special rapporteur for the occupied Palestinian territories, told Al Jazeera ahead of the ruling, as he called the situation in Gaza “the most transparent genocide in human history.”
On Friday, the Palestinian Authority welcomed the ruling.
“The ICJ judges assessed the facts and the law. They ruled in favor of humanity and international law,” the P.A. Ministry of Foreign Affairs said in a statement. “The ICJ order is an important reminder that no state is above the law. It should serve as a wake-up call for Israel and actors who enabled its entrenched impunity.”
“Palestine reaffirms its eternal gratitude to the people and government of South Africa for taking this bold step of active solidarity and will continue to work closely with South Africa and other countries to ensure that justice is served,” the statement added.
Hamas also welcomed the decision, with senior official Sami Abu Zuhri telling Reuters that it was isolating Israel and exposing its crimes in Gaza.
“We call for forcing the occupation to implement the court’s decisions,” he adds.
South Africa meanwhile welcomed Friday’s news as a “decisive victory.”
“Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people,” its government saidin a statement.
Israeli Prime Minister Benjamin Netanyahu said in a video statement that his country was fighting a “just war like no other,” while continuing to claim Israel was abiding by international law.
The Israeli Foreign Ministry repeated its claims that the case at the ICJ was “baseless.”
“The charge of genocide levelled against Israel at the International Court of Justice is false and outrageous. It constitutes a shameful exploitation of the Genocide Convention that is not only wholly unfounded in fact and law, but morally repugnant,” spokesman Lior Haiat wrote.
Far-right Minister of National Security Itamar Ben-Gvir issued his own eloquent response to serious allegations of genocide.
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