The International Court of Justice (ICJ) is expected to deliver its judgment on Friday on whether it will grant provisional measures to stop the war in Gaza, as requested by South Africa, who accused Israel of committing genocide against the Palestinian people.
South Africa filed a case against Israel on 29 December 2023, invoking the 1948 Genocide Convention, which both countries are signatories to. South Africa argued that Israel’s military operation in Gaza, which started in October 2023 after a cross-border incursion by Hamas, amounted to a genocidal attack on the whole population of Gaza, with the intent of destroying them.
South Africa’s legal team asked the ICJ to order Israel to cease its military action in Gaza, to allow humanitarian access to the area, and to cooperate with the investigation of the alleged genocide. South Africa also urged the ICJ to affirm the applicability of the Genocide Convention to the situation in Gaza, and to declare that Israel has violated its obligations under the convention.
Israel, however, rejected South Africa’s accusations, saying that it has a right to defend itself against Hamas, which it considers a terrorist organization. Israel claimed that its military operation is aimed at dismantling Hamas’ military capabilities, and that it is taking all necessary precautions to avoid civilian casualties. Israel also challenged the jurisdiction and admissibility of the case, arguing that the ICJ has no authority to decide on matters of self-defense and security.
The ICJ held public hearings on the request for provisional measures on 11 and 12 January 2024, where both parties presented their arguments. The ICJ’s decision on Friday will not be final, but rather an interim measure to protect the rights of the parties until the case is fully resolved. The ICJ’s judgment on the merits of the case may take several years to be delivered.
The case is the first time that the ICJ has been asked to rule on the application of the Genocide Convention to the Israeli-Palestinian conflict, which has been ongoing for decades.
The case has drawn international attention and sparked heated debates on the legal and moral implications of the allegations. The outcome of the case could have significant consequences for the future of the region and the prospects of peace.
