International Court of Justice/Frank van Beek. The International Court of Justice directed provisional measures in the case of South Africa v. Israel.
The International Court of Justice (ICJ) today issued an order saying that Palestinians have the right to protection from acts of genocide. The order also requires Israel to "take all measures within its means" to prevent such acts and to allow much-needed humanitarian aid to enter the war-torn enclave.
On 29 December last year, South Africa filed an application with the International Court of Justice, the principal judicial organ of the United Nations, accusing Israel of violating its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide against the Palestinians in the Gaza Strip. Israel denies this.
As an initial response to this allegation, Joan Donoghue, president of the International Court of Justice, read the order at the Peace Palace in The Hague, Netherlands, on January 26. At the same time, she called for the release of all remaining hostages taken in the Hamas attack on Israeli communities on 7 October last year. About 1,200 people were also killed in the attack.
The order does not explicitly call for an immediate cessation of Israel's full-scale military operations in the Gaza Strip. According to health authorities in Gaza, more than 26,000 people have lost their lives as a result.
However, Judge Donohue stressed that the Court was well aware of the grave human tragedy caused by the outbreak of war in Gaza and remained "deeply concerned about the continued loss of life and human suffering".
South Africa v. Israel
On the 11th and 12th of this month, the International Court of Justice held preliminary hearings on the case of South Africa v. Israel, during which South Africa and Israel made public statements.
South Africa also requested the International Court of Justice to direct interim measures, including an immediate suspension of Israeli military operations in the Gaza Strip and for its forces to take "all reasonable measures" to prevent genocide.
South Africa also appealed to the International Court of Justice to order Israel to prevent forced displacement, to allow adequate food and water to reach civilians, and to ensure that evidence of any potential acts of genocide is preserved.
In response to South Africa's allegations, Israel said that in the wake of the terrorist attacks by Hamas on October 7 last year, "Israel is engaged in a defensive war against Hamas, not against the Palestinian people."
Israel's team of lawyers also said that if the International Court of Justice ordered provisional measures, it would be "an attempt to deprive Israel of its ability to fulfil its obligations to protect its own citizens and to shoulder its responsibilities with regard to the hostages and the more than 110,000 Israeli displaced persons who are unable to return safely to their homes."
Interim measures
An interim measure is a temporary injunction that is taken before a final decision is made on a dispute. Typically, it can take years for a formal judgment to be rendered.
These measures were considered to be subject to "enforcement", but the Court itself did not have the means to guarantee enforcement.
Elaborating on the interim measures to be implemented by Israel, Judge Donohue noted that both South Africa and Israel are parties to the Convention on the Prevention and Punishment of the Crime of Genocide and therefore agreed to "prevent and punish acts of genocide".
Citing article 2 of the Convention, she explained that genocide was "the wilful total or partial destruction of a national, ethnic, racial or religious group".
She noted that, in the eyes of the International Court of Justice, the more than 2 million Palestinians in the Gaza Strip did constitute a distinct group.
Referring to the penalties for "premeditated genocide" and "direct and flagrant incitement to genocide" under article III of the Convention, Judge Donohue said that the Court had taken note of a number of statements made by senior Israeli officials.
Among them are the statements of Israeli Defense Minister Yoav Galant. Gallant reportedly told the Israeli army on the Gaza border that they were fighting "humanoids" and that these people were "Daesh of Gaza."
国际法院/Frank van Beek
The legal teams of South Africa and Israel were present at the reading of the order of the International Court of Justice.
The concerns of all parties became the basis for the deliberations
Judge Donohue also read out the order, noting that the international community continues to express concern about the deteriorating humanitarian situation in the Gaza Strip as part of the Court's consideration of the case.
This includes a written warning from UN Secretary-General António Guterres to the Security Council on December 6, 2023. In the letter, he said that "nowhere in Gaza is safe in the face of constant IDF bombardment" and that the situation on the ground "is rapidly evolving into a catastrophe with potentially irreversible implications for the entire Palestinian community, as well as for peace and security in the area".
The ICJ's order also drew directly on the summary of the grave situation in Gaza by the United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Griffiths, and the reports of the World Health Organization and the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, Lazzarini.
Compliance is required
While directing the interim measures, the Court also required Israel to submit a report within one month on "all measures taken to give effect to this order".
UN High Commissioner for Human Rights Türk has also called on Israel to fully implement the ICJ's orders relating to the Convention on the Prevention and Punishment of the Crime of Genocide, and OHCHR reiterates its call on all parties to respect their obligations under international law.