International Court of Justice delivers ruling on measures in case against Israel

(Patria) - The International Court of Justice (ICJ) has issued its initial ruling on measures against Israel in the case in which South Africa accused it of violating the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip. Judge Donoghue stated that some accusations against Israel fall under the provisions of the Genocide Convention.

Thus, Israel must report to the court within one month on what it is doing to uphold the order to take all measures within its power to prevent acts of genocide in Gaza.

Donoghue said the court notes that the military operation carried out by Israel has resulted in a large number of deaths and injuries, as well as the massive destruction of homes, the forced displacement of the vast majority of the population, and extensive damage to civilian infrastructure.

On 11 January 2024, South Africa presented arguments before the highest UN court, the International Court of Justice in The Hague, claiming that Israel is committing genocidal acts in the war in Gaza, and submitted 14 requests calling for the cessation of crimes and the adoption of specific measures. South Africa asked the court to quickly decide on emergency measures and demand that Israel halt military activities, mass displacement, and the denial of food, shelter, water, and basic healthcare to Gaza residents.

Today, the court concluded that Israel has not sufficiently ensured the prevention and punishment of the crime of genocide.

The court, therefore, does not deliver a verdict on whether Israel is committing genocide in Gaza, but based on an analysis of the accusation and defense, it issues a provisional decision on emergency measures.

At the court, it was stated that Palestinians are a protected group under the convention.

South Africa argued that Israel is violating the 1948 UN Genocide Convention, established in the aftermath of World War II and the Holocaust. What South Africa asked of the International Court of Justice was, most importantly, a provisional measure for a ceasefire.

Although the court decided that it has the mandate to issue emergency measures, this does not mean the end of the legal process. The court proceedings will certainly take years. The court does not have to adopt identical measures to those requested by South Africa.