The world awaits the verdict of the highest UN court on South Africa's case against Israel
ICJ to rule on Israel's alleged genocide in Gaza
The International Court of Justice (ICJ) is expected to announce its decision on Friday, January 26, 2024, on a case brought by South Africa alleging that Israel is committing genocide against the Palestinian people in Gaza.
The case, which has drawn global attention and sparked heated debates, could have far-reaching implications for the future of the Israeli-Palestinian conflict and the enforcement of international law.
The background of the case
The case stems from the ongoing Israeli military operation in Gaza, which began on October 7, 2023. Since then, more than 26,000 Palestinians have been killed and 10,000 are missing under the rubble, presumed dead, according to the latest figures from the UN Office for the Coordination of Humanitarian Affairs (OCHA).
The UN has also reported that more than 90% of Gaza's infrastructure, including water, electricity, health, and education facilities, has been destroyed or severely damaged, leaving the 2 million residents of the besieged enclave in dire need of humanitarian assistance.
South Africa filed its application with the ICJ on December 29, 2023, accusing Israel of violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, to which both states are parties. South Africa contends that Israel has violated the Genocide Convention by committing genocide against Palestinians in Gaza, and by failing to prevent it, including by not holding senior Israeli officials and others accountable for their direct and public incitement to genocide.
The case is not a criminal proceeding against individuals but seeks a legal determination of state responsibility for genocide.
The arguments of the parties
The ICJ held hearings on January 11 and 12, 2024, to consider South Africa's request for provisional measures, which are urgent and binding orders issued by the court to protect the rights of the parties pending the final judgment. South Africa asked the court to order Israel to immediately suspend its military operations in Gaza and abide by its obligations under the Genocide Convention. South Africa also sought measures to prevent the destruction and ensure the preservation of any evidence related to the underlying case, including by giving fact-finding missions, international mandates, and other bodies access to Gaza.
South Africa also asked the court to require Israel to report to it on steps taken to carry out a provisional measures order within a week of its issuance and then at regular intervals until the court issues its final ruling.
Israel, which confirmed its participation in the ICJ proceedings on January 2, 2024, opposed South Africa's application and argued that the court lacked jurisdiction and admissibility to hear the case.
Israel claimed that the Genocide Convention does not apply to the situation in Gaza, which it described as an armed conflict governed by international humanitarian law.
Israel also denied that it has committed or incited genocide, and asserted that it has acted in self-defense and by the principle of proportionality.
Israel further accused South Africa of politicizing the court and abusing its judicial function.
The significance of the case
The ICJ's decision on provisional measures, which is expected to be announced on Friday, 12 p.m. GMT, will be the first time that the court addresses the allegations of genocide in Gaza. The decision will not only affect the immediate situation of the Palestinian people in Gaza, who face catastrophic living conditions and the risk of further atrocities but also the prospects of a lasting and just peace in the region. The decision will also reflect the court's role and authority as the principal judicial organ of the United Nations, and its ability to uphold and enforce the norms and values of international law, especially in the face of grave and systematic violations of human rights and humanitarian law.
The case has also generated widespread interest and support from various actors and stakeholders, including other states, international organizations, civil society groups, and prominent individuals.
More than 50 states, including members of the Arab League, the African Union, the Non-Aligned Movement, and the Organization of Islamic Cooperation, have submitted written statements to the court expressing their views on the case.
The UN High Commissioner for Human Rights, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, and several human rights organizations, such as Amnesty International and Human Rights Watch, have also intervened in the case, providing relevant information and evidence to the court.
In addition, more than 100 Nobel laureates, former heads of state and government, and other eminent personalities have signed an open letter urging the court to grant South Africa's request for provisional measures and to hold Israel accountable for its alleged genocide in Gaza.
The outlook for the future
The ICJ's decision on provisional measures will not be the final word on the case, as the court will still have to examine the merits of South Africa's claims and Israel's defenses and issue a definitive judgment, which could take several years.
However, the decision will set the tone and direction for the rest of the proceedings and will have an immediate and tangible impact on the lives and rights of the Palestinian people in Gaza, as well as on the credibility and legitimacy of the international legal order.
The decision will also send a clear message to the international community and the parties to the conflict, that the court is willing and able to address the most serious and complex issues of international law and justice, and that no state is above the law or immune from its obligations and responsibilities.
The decision will also demonstrate the court's commitment and contribution to the prevention and punishment of genocide and other atrocity crimes, and to the protection and promotion of human dignity and human rights for all.
