The International Court of Justice (ICJ) issued its first decision in South Africa’s complaint against Israel on Friday, ordering the Jewish state to take all necessary steps to avert genocide in Gaza. The court did not, however, order Israel to stop its military operations against Hamas.
A panel of 17 judges concluded that the court, based in The Hague, has jurisdiction to hear South Africa’s case and approved seven “emergency measures” requested by Pretoria. In addition to requiring that Israel desist from committing genocide, the justices ordered the Jewish state to punish members of its military who commit genocide, as well as authorities who actively advocate for the killing of Palestinians. Israel must also preserve proof of any genocidal acts that have already occurred, the ruling stated.
The judges also ruled that Israel “shall take immediate and effective measures to address adverse conditions to life in the Gaza Strip.” West Jerusalem was further ordered to report back to the court in a month with an update on what it is doing to comply with these measures.
The verdict falls short of South Africa’s complete list of requests, which included a provision requiring Israel to “immediately suspend its military operations in and against Gaza.”
However, it comes as a setback to Israel, which has urged that the court dismiss the entire case, calling it “spurious and specious.”
While the ICJ’s decisions are final and legally binding, the court lacks any means of implementing them. Nonetheless, the Palestinian Foreign Ministry welcomed Friday’s ruling as a “important reminder” that no state is above the law.
South African Foreign Minister Naledi Pandor said on Friday that her country’s aim was “to highlight the plight of the innocent in Palestine” and “draw attention to the lack of justice and freedom.” Regardless of how the case plays out, Pandor told Ubuntu Radio that Pretoria has already achieved these goals.
South Africa lodged its case in late December, arguing that Israel was breaching the UN Genocide Convention by “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction.”
On October 7, Hamas fighters invaded Israel, killing around 1,200 people and transporting over 250 to Gaza as hostages. Israel retaliated by declaring war on the Palestinian militant group and putting Gaza under near-total siege. After three weeks of aerial bombardment, Israeli ground forces invaded the enclave in late October and continue to fight Hamas.
According to the Gaza Health Ministry, the Israeli operation has killed over 26,000 Palestinians, with women and children accounting for about two-thirds of the total. According to a UN study released earlier this month, around 60% of the enclave’s infrastructure has been damaged, and a quarter of its people is malnourished and without access to potable water.
