The landmark International Court of Justice (ICJ) ruling showed the overwhelming evidence brought by South Africa in its case of genocide against Israel could not be ignored, a legal expert explained, as several countries called for adherence to international law at the weekend.
The ICJ on Friday issued a ruling in South Africa's request for provisional measures against Israel.
The ICJ ruled that 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: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and imposing measures intended to prevent births within the group.”
Mametlwe Sebei, a lecturer in jurisprudence at Unisa, said the ruling vindicated South Africa’s case legally as well as the masses who took to the streets globally, calling for a ceasefire and accountability for the crimes against the people of Palestine.
“(The judgment) makes very damning findings insofar as the plausibility of genocide on the part of the Israeli establishment and their ongoing military campaign in Gaza.
“Basically they say the war on Gaza can effectively continue without its most extreme brutality… Effectively they are insinuating that you can kill Palestinians, just very slowly and of course less than you do at the present moment.
“(If) the ICJ really was very serious, it should have ordered without any reservations an immediate ceasefire and of course a stoppage of that military campaign. Because everything else that they have said points to that need for that stoppage.
“Also, as of course, South Africa states that there's no way that Israel can abide by that order without an immediate ceasefire in a sense. But without the ICJ saying so, it means they can continue and we do know that continuation actually means continuation of the acts of genocide.
“The ICJ has allowed a situation wherein Israel can continue with its genocidal campaign whilst the ICJ itself saves its own credibility by saying all the right things. In a sense that decision really it's just more or less in tune with what Western imperialism has been saying. We should hold the ICJ accountable, they abdicated responsibility to stop genocide.”
South Africa’s Department of International Relations said it was a “decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people”.
“There is no credible basis for Israel to continue to claim that its military actions are in full compliance with international law, including the Genocide Convention, having regard to the court’s ruling.
“South Africa sincerely hopes that Israel will not act to frustrate the application of this order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do.”
Israel Foreign Minister Israel Katz said Israel’s commitment to international law is “unwavering”.
“It exists independently of any ICJ proceedings, as does Israel’s inherent right to defend itself against the genocidal terrorists of Hamas.”
The Namibian Ministry of International Relations meanwhile welcomed the provisional measures said it “strongly urges Israel to comply with the legally binding order of the Court”.
“Namibia notes, with regret, that the ICJ has not ordered Israel to halt its military operations in Gaza.
“As a state that subscribes to the rule of international law, Namibia respects the ruling of the ICJ, but deems it as a missed opportunity by the principal judicial organ of the UN to contribute towards international efforts aimed at ensuring that Israel immediately ceases with its deliberate actions of indiscriminately killing and maiming of innocent Palestinian civilians.
“Namibia accordingly calls on the UN Security Council and the international community to ensure that the provisional measures ordered by the ICJ are fully implemented,” Namibia said.
France said it was deeply committed to respect for international law and “reaffirms its confidence in and support for the ICJ”.
“France points out that, in its order, the court indicates provisional measures on the basis of Article 41 of its Statute, pending a ruling on its jurisdiction and on the merits of the case.
“In this context, the court will soon inform the parties to the Genocide Convention of the possibility open to them of submitting observations on the interpretation of the Convention.
France intends to avail itself of this possibility and submit observations about its interpretation of the Convention, as it did in the Ukraine/ Russia and Gambia/Myanmar cases,” France said.
The Iranian Foreign Ministry said: “The Iranian FM congratulates South Africa and Palestine on the success at ICJ against the #ZionistRegime, reiterating that Israeli officials have to be brought to justice immediately for committing genocide and unprecedented war crimes.”
Norway Minister of Foreign Affairs, Espen Barth Eide said it has been clear that the situation in Gaza is catastrophic for the civilian population.
“According to the UN, there is an imminent risk of famine in Gaza.
Much more humanitarian aid must enter Gaza. It is positive that the court’s order on provisional measures was made so quickly and appears thorough.
“Israel must report to the court on all measures implemented within one month.”
Eide said respect for the court is essential to strengthen the adherence to international law, and they expect Israel to fully respect the court’s order.
German Foreign Minister Annalena Baerbock said: “The ICJ has not ruled on the main substance of this matter but has ordered provisional measures in relation to the request for the indication of such measures. But these, too, are binding under international law. Israel must adhere to the court’s order.”
Eide said respect for the court is essential to strengthen the adherence to international law, and they expect Israel to fully respect the court’s order.
German Foreign Minister Annalena Baerbock said: “The ICJ has not ruled on the main substance of this matter but has ordered provisional measures in relation to the request for the indication of such measures. But these, too, are binding under international law. Israel must adhere to the court’s order.”
Cape Times