The International Court of Justice, in its initial ruling in South Africa v Israel, has ruled that it has jurisdiction in the matter and that the case against Israel can not be dismissed. The Court ruled that there is a plausible risk of genocide in Gaza.
The ruling also established that Palestinians meet the criteria of a protected group under the provisions of the Genocide Convention.
The judges voted 15 to 2 that “Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention.”
In a 16 to 1 vote, the judges voted that Israel must ensure that its military does not commit any genocidal acts, including killing members of the protected group, causing bodily harm, or preventing births. Israel must also prevent and punish any public comments that could be considered incitement to commit genocide in Gaza. The ICJ has also ordered that Israel must prevent destruction of any evidence that could be used in a genocide case.
“The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group.”
The Court stopped just short of requesting an immediate ceasefire, which is disappointing for both Palestinians and South Africa.
It must be kept in mind that the International Court of Justice’s rulings are bindings, albeit there is no enforcement mechanism.
Riyad Al-Maliki, the Palestinian foreign minister from the Palestinian Authority in the West Bank described the ICJ’s order a “ruling in favor of humanity and international law.”
The South African government has hailed the order as a “decisive victory for the international rule of law.”
Israeli Prime Minister Benjamin Netanyahu has reacted to the court’s hearing, claiming that “Israel will continue to defend ourselves and our citizens,” and that it will “continue this war until absolute victory and until all hostages are returned.”