The International Court of Justice (ICJ), whose rulings are binding against Israel, has ordered as a precautionary measure the Israeli Government to take “all measures” necessary to “prevent” the State or the Israeli army from committing any of the acts that constitute a genocide in the Gaza Strip. The 17-judge court made this decision after rejecting Israel’s request to dismiss the genocide case that South Africa brought against it on December 29.
“Palestinians appear to be a protected group under the genocide convention,” Judge Joan Donoghue stressed in reading the ruling this Friday. The Court has announced other measures although none force Israel to end hostilities in Gaza, South Africa’s main demand when it presented the case before The Hague, Netherlands.
According to the ICJ, Israel must also prosecute speech that incites genocide against the Palestinian people. In addition, Israel must allow, with immediate effect, the entry of medical services and humanitarian assistance into the Palestinian territory, which has been under a tight blockade since October. The Israeli government must also report within a month to the UN court on the application of all these measures, reports on which South Africa will be able to make allegations.
The decision by the UN’s highest court is an initial step in a broader case that addresses the question of whether Israel is committing genocide against Palestinians in the enclave, as South Africa alleged in its lawsuit and repeated before the 17-member court on the 11th. from January. A day later, Israel defended itself and asked the Court to dismiss the case for acting in “self-defense” against Hamas.
Beyond the precautionary measures that have been ruled today, the case addresses the alleged violation by Israel of the Convention on the Prevention and Punishment of the Crime of Genocide, approved at the United Nations in 1948 and in force in 152 countries, including Israel. “Genocide means any act committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” It is one of the crimes that does not prescribe, like war or humanity crimes. However, it may take years for the court to fully investigate the case.
