The International Court of Justice has issued an interim judgment today in response to South Africa's claim that Israel has engaged in acts amounting to genocide in the Gaza Strip since October 7, 2023. The almost unanimous decision, delivered by the Court's president, a US national, acknowledges a plausible case of genocide and calls for immediate provisional measures.
The ICJ's ruling includes the following measures directed at Israel:
- Refraining from any further acts that may amount to genocide.
- Preventing and punishing genocidal incitement.
- Allowing humanitarian assistance.
- Preserving evidence.
- Submitting a report to the Court within one month detailing steps taken to implement the ruling.
This judgment stands as a significant victory for the Palestinian people in their pursuit of justice, while simultaneously representing a setback for Israel, which had sought to have the case dismissed. The ICJ's prompt issuance of provisional measures, just two weeks after oral hearings, underscores the urgency of the humanitarian crisis on the ground, where hundreds of civilians, including women and children, are reportedly being killed by Israel daily.
Samar Muhareb, ARDD's Executive Director, commented on the judgment, stating, "This decision marks a significant stride towards justice and the realization of humanitarian principles, encompassing a majority of the measures advocated by South Africa. While the CIJ did not explicitly mandate a ceasefire, the implementation of the prescribed measures by Israel necessitates a tangible halt to all military operations targeting civilians. Adding “The ICJ decision is a win for a global order based on international law, as it reinforces the Genocide Convention, which embodies the solemn pledge to prevent the crime of genocide and hold those responsible to account in any cases of risk or commission of genocide.”
The Court's decision implies a recognition of a plausible case of genocide that Israel must address. In response to this ruling, it is emphasized that Israel has a duty and obligation to comply with the measures outlined. Furthermore, all state parties to the Genocide Convention, including Israel's supporters, are reminded of their legal obligations to ensure the implementation of these provisional measures, prevent genocide, and avoid complicity in such acts.
As such ARDD calls
• Upon all States to respect the ruling and refrain from politicization. This is crucial, for Palestine, but also for the sake of accountability and the relevance of the international legal order.
• Enabling the ICJ to play its role and make its contribution towards achieving justice, peace, and accountability for genocide.
• The International Criminal Court, which is investigating Israeli practices to take note of this ICJ ruling and act with the required urgency to fulfill its mandate.
This is a significant moment in the more than 75 years of Nakba inflicted by Israel on the Palestinian people. It is a crucial moment of accountability, which must break a dangerous culture of impunity that has characterized Israel’s illegal occupation, oppression, apartheid, and now genocide.