By Landing Ceesay
The International Court of Justice, based in The Hague, issued a ruling on Friday, instructing Israel to take immediate steps to prevent acts of genocide by its forces in Gaza and to facilitate increased aid to the region.
This decision comes in response to a case initiated by South Africa on December 29, 2023, accusing Israel of committing genocide against Palestinians in Gaza. However, the court did not call for an immediate suspension of Israel’s military campaign.
While lacking enforcement mechanisms, the ruling elevates international scrutiny on Prime Minister Benjamin Netanyahu concerning Israel’s conflict with Hamas, intensifying pressure from the global community.
South Africa’s application on December 23rd accused Israel of violating its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip. The court hearings on South Africa’s request for provisional measures took place on January 11 and 12, 2024.
In its binding orders, the Court directed the State of Israel to take all necessary measures to prevent acts falling under the scope of Article II of the Genocide Convention. This includes killing members of the group, causing serious harm, deliberately inflicting conditions of life aiming for physical destruction, and imposing measures to prevent births within the group.
Fifteen judges voted in favour of this order, while two judges dissented. Additionally, the Court ordered Israel to ensure its military refrains from committing any acts in Palestine, with a similar voting outcome.
Furthermore, the Court mandated Israel to prevent and punish direct and public incitement to commit genocide in relation to Palestinians in the Gaza Strip. Sixteen judges favoured these orders, while two dissented.
The Court also directed Israel to take immediate and effective measures to provide urgently needed basic services and humanitarian assistance to address adverse conditions faced by Palestinians in Gaza. Sixteen judges supported this order, with two in opposition.
Additionally, Israel was instructed to take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of genocide against Palestinians in Gaza. Fifteen judges voted in favour, while two dissented.
The Court ordered Israel to submit a report on all measures taken within one month from the date of this Order.
The International Court of Justice, established in June 1945, is the principal judicial organ of the United Nations, with its seat at the Peace Palace in The Hague, Netherlands. Composed of 15 judges elected for a nine-year term, the Court settles legal disputes submitted by states and provides advisory opinions on legal questions referred by authorized UN organs and agencies.