The International Court of Justice (ICJ) has ruled in favour of South Africa in its case against Israel over alleged acts of genocide in Gaza, as declared by Presiding Judge Joan Donoghue.
ICJ ruling: South Africa scores landmark victory against Israel
The judgement marks a pivotal moment in international law, indicating that some allegations against Israel fall within the provisions of the Genocide Convention.
Judge Donoghue stated:
“The court is acutely aware of the extent of the human tragedy unfolding in the region and is deeply concerned about the continuing loss of life and human suffering.”
With 16 of the court’s 17 judges present at the session, the ICJ recognised the Palestinians’ right to be protected from acts of genocide.
The court notably referred to “dehumanising language” used against Palestinians, highlighting statements made by Israeli Defence Minister Yoav Gallant in ordering a “complete siege” of Gaza and referring to troops fighting against “human animals.”
The ICJ has ordered Israel to take all necessary measures within its power to prevent genocide, specifically adhering to Article 2 of the Convention.
Israel loses important part of the case: Here’s what happens next
Following the ICJ’s ruling, the court will now embark on a detailed investigation to determine whether Israel has indeed violated the Genocide Convention treaty.
This process, likely to take years, involves multiple stages of legal scrutiny and deliberation.
The court’s decision to proceed with the investigation is a crucial indication of the gravity of South Africa’s accusations and the need for a thorough examination of the facts.
The immediate next steps involve both South Africa and Israel presenting detailed arguments and evidence to support their respective cases.
This phase will be characterised by extensive legal research, witness testimonies, and intense scrutiny of all relevant facts and international laws.
The process is expected to be lengthy and complex, considering the high stakes and intricate nature of international law and diplomacy.
The final judgment from the ICJ, which will be legally binding, could significantly impact the relationship between Israel and South Africa, as well as their standing in the international community.
Already, El Al Israel Airlines cancelled its Johannesburg route, citing ongoing diplomatic tensions as a key motivation for its decision.
However, it’s important to note that the ICJ lacks direct enforcement power.
In case of non-compliance with the court’s final decision, South Africa can approach the United Nations Security Council for enforcement.
However, the dynamics within the Security Council, particularly the veto power of permanent members like the United States, which has historically been a strong ally of Israel, could influence the enforcement of the ICJ’s ruling.