UN Geneva: The International Court of Justice (ICJ) on Friday declared that Palestinians had a right to be protected from acts of genocide, calling on Israel to “take all measures within its power” to prevent such actions and allow the entry of desperately needed humanitarian aid into the war-shattered enclave.
In the heart of The Hague, a crucial decision unfolded at the Peace Palace. The International Court of Justice (ICJ), led by President Joan Donoghue, addressed a tense global audience, responding to South Africa's grave allegations of genocide against Israel, a charge Israel vehemently denies. Amidst the solemnity of the courtroom, a stark reminder came forth of the human cost of conflict, as the ICJ called for the release of all hostages taken during the brutal Hamas-led attacks on Israeli communities, a day that saw a staggering 1,200 lives lost.
The ICJ's ruling did not explicitly demand an immediate cessation of Israel's comprehensive military operation in Gaza, a conflict that, according to Gaza health authorities, has resulted in over 26,000 deaths. Judge Donoghue, with a tone of deep concern, emphasized the court's acute awareness of the unfolding human tragedy in Gaza since the outbreak of war, highlighting the continuing loss of life and human suffering.
UN Secretary-General António Guterres, recognizing the gravity of the situation, underscored the importance of the court's provisional rulings, particularly those pertaining to the Israeli military. Guterres stressed the binding nature of the Court's decisions and expressed his trust in all parties' compliance with the order. The urgency of the situation was further underscored by UN Spokesperson Stéphane Dujarric, who confirmed the Secretary-General's commitment to promptly relay the court's provisional measures to the Security Council.
South Africa's plea at The Hague earlier this month was a call for justice. Seeking provisional measures under the Genocide Convention to protect the rights of the Palestinian people, South Africa demanded the immediate suspension of Israel's military operations in Gaza and urged measures to prevent genocide. The request extended to preventing forced displacement, ensuring civilian access to food and water, and preserving evidence of potential genocide.
While provisional measures serve as temporary injunctions pending a final decision, which may take years, they are considered mandatory for implementation. However, the Court lacks direct means to enforce these measures.
Israel, in its defense, argued that its actions against Hamas were purely defensive, not aimed at the Palestinian people. Israeli lawyers contended that granting provisional measures would undermine Israel's obligations to defend its citizens, including over 110,000 displaced Israelis.
The ICJ's provisional measures highlighted the obligations of both South Africa and Israel as parties to the Genocide Convention, to prevent and punish the crime of genocide. Judge Donoghue, referencing the Convention, clarified that genocide involves acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. She noted that the Palestinian population indeed constituted such a group in the court's view.
The court also considered statements by Israeli officials, including Defense Minister Yoav Galant's controversial remarks, likening the situation to fighting "human animals" and the "ISIS of Gaza". Such statements, the court noted, might contravene the Genocide Convention's prohibition against incitement to commit genocide.
With the gaze of international legal teams from Israel and South Africa upon her, Judge Donoghue underscored the longstanding global concerns over the humanitarian crisis in Gaza. She cited the UN Secretary-General's warning of a fast-deteriorating catastrophe and potentially irreversible implications for Palestinians and regional peace and security.
As the world awaits the next steps, the ICJ has mandated Israel to report within a month on all actions taken to comply with the court's order, leaving the international community in anticipation of how these developments will shape the future of the region.
