South Africa has taken Israel to the International Court of Justice (ICJ) to judge whether the Israeli government has a “pattern of genocidal conduct” aimed at destroying the Palestinian people. But before the highest UN court activates the procedure to investigate whether Israel is committing this international criminal crime in Gaza, the 17 judges that comprise it must rule on the precautionary measures that Pretoria requested to order an immediate ceasefire in the Stripe.
The decision of the Court, located in the city of The Hague, Netherlands, will be announced at 1:00 p.m. local time at the Peace Palace. The ICJ can apply either all of them, only some, none or other measures that differ from those listed by South Africa when it initiated the procedure on December 29 and presented it at the hearing on January 11. A day later Israel did it.
Both countries had an entire morning to present their arguments on this issue and defend their position on the necessity and appropriateness of these measures, which, if issued, would be legally binding on Israel, although the ICJ has little means to enforce them. Furthermore, no European country nor the United States, Russia or China have publicly supported the case, although it does have the support of the Organization of Islamic Countries, with its 57 members, which include Saudi Arabia, Iran, Pakistan, Morocco and Turkey, among others; as well as Colombia, Brazil or Bolivia.
During their hearing the South African legal team argued that statements by senior Israeli government officials demonstrate a “pattern of genocidal conduct” and its military operation in Gaza has led to “mass killings”, “forced displacement” and “serious physical or mental harm.” “. Meanwhile, Israel’s lawyers responded that they were acting in “self-defense” and that if anyone perpetrated genocide, it was Hamas against the Israeli people in the October 7 attack, where 1,200 people died.
South Africa has asked the court to issue nine injunctions, which act as a restraining order while the court hears the genocide case in its entirety, something that could take years. In addition to the immediate suspension of the Israeli military operation in Gaza, which has killed more than 25,000 people, South Africa Pretoria wants the court to order Israel to allow in more humanitarian aid and allow access to fact-finding missions.
If the Court, which acts between states, ends up ordering the end of the war in Gaza, it will be necessary to see how Israel, which has not complied with a UN Security Council resolution calling for a ceasefire, responds. And whose prime minister has said that “not even The Hague” could prevent him from continuing with his desire to reestablish “security in both the south and the north” of the country.
Beyond the precautionary measures that the Court may order 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.
