Israel faces allegations of state-led genocide for its devastating military operation in Gaza, which has killed more than 25,000 people or over 1% of the enclave’s population. The World Court will rule on Friday on South Africa’s request for urgent measures to stop the carnage.
The Case Against Israel
South Africa, a staunch supporter of the Palestinian cause, has brought the case to the International Court of Justice (ICJ), the UN’s highest judicial body. It accused Israel of violating the 1948 Genocide Convention, which defines genocide as acts intended to destroy, in whole or in part, a national, ethnic, racial or religious group.
South Africa argued that Israel’s ongoing aerial and ground assault on Gaza, which began on Oct. 7, 2023, after a Hamas attack on Israel, is a deliberate and systematic attempt to wipe out the Palestinian people. It cited evidence of indiscriminate bombings, mass killings, forced displacements, collective punishments, and destruction of vital infrastructure and services.
South Africa has asked the ICJ to order nine emergency measures, which act like a restraining order, to protect the Palestinians from further harm. These include an immediate cessation of hostilities, a withdrawal of Israeli forces from Gaza, a lifting of the blockade, a provision of humanitarian aid, and a respect for international law and human rights.
Israel’s Defense
Israel rejected the accusations and says it has a right to defend itself from the Hamas attack, which killed 1,200 people and took 240 hostages in Israel. They claimed that Hamas, the Islamist group that governs Gaza, is a terrorist organization that uses civilians as human shields and fires rockets from densely populated areas.
Israel also challenged the jurisdiction of the ICJ to hear the case, arguing that the court has no authority to deal with political and security matters. Moreover, Israel said that the Genocide Convention does not apply to the Israeli-Palestinian conflict, which is a territorial dispute that can only be resolved through negotiations.
Israel has not formally accepted the ICJ’s compulsory jurisdiction, which means that it can choose whether to participate in the proceedings or not. Israel has not yet announced its decision, but it is widely expected to boycott the court, as it did in 2004 when the ICJ ruled that the Israeli-built wall in the West Bank was illegal.
The Implications of the Ruling
The ICJ’s ruling on Friday will not deal with the core accusation of the case – whether genocide occurred – but will focus on the urgent intervention sought by South Africa. The court is not bound to follow South Africa’s requests and could order its own measures if it finds it has jurisdiction at this stage of the case.
The ICJ’s decisions are legally binding, but it has no power to enforce them. The court relies on the cooperation of the parties and the support of the UN Security Council, where the US, a close ally of Israel, has veto power. The US has already expressed its opposition to the case and its backing of Israel’s right to self-defense.
However, the ICJ’s ruling could have significant political and moral implications, as it could shape the international perception and response to the Gaza crisis. The ruling could also set a precedent for other cases of alleged genocide, such as those in Myanmar, China, and Ethiopia.
The ruling could either create an incentive for dialogue and compromise, or deepen the animosity and mistrust between the two sides.
Despite the bleak situation in Gaza, where the humanitarian crisis is worsening by the day, some voices of hope and solidarity have emerged. Several countries and organizations have offered to mediate a ceasefire and a prisoner exchange between Israel and Hamas. Some civil society groups and activists have also launched campaigns and initiatives to promote coexistence and reconciliation between Israelis and Palestinians.
The ICJ’s ruling could be an opportunity to reaffirm the values and principles of international law and human rights, and to call for an end to the violence and suffering in Gaza. It could also be a chance to revive the vision of a two-state solution, where Israelis and Palestinians can live in peace and security.
Source: ReutersÂ
