The court ruled that conditions exist to impose temporary measures on Israel to prevent it from committing genocide (Al Jazeera)

As the Israeli war on the Gaza Strip continued and the number of civilian deaths increased, there was increasing international pressure on Prime Minister Benjamin Netanyahu to end the war, but he rejected those calls and pledged to destroy Hamas.

On January 11, the South African government filed a lawsuit with the International Court of Justice, the main judicial body of the United Nations, to rule Israel’s actions in Gaza as genocide, and to issue an order forcing it to withdraw its forces.

In a temporary ruling issued today, Friday, January 26, 2024, the International Court of Justice asked Israel to take measures to prevent genocide in Gaza and direct incitement to it. It also rejected the Israeli request by rejecting the case. But in return, it rejected South Africa's request for a ceasefire.

The court said in the text read by the judges that Israel must take “all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide Convention.”

What are the accusations against Israel? How does the Israeli defense team respond to it? What are the powers of the court? Is it possible to issue a ruling condemning the Israeli war on the Gaza Strip?

  • What did South Africa say about Israel's actions in Gaza?

South Africa said Israel had violated its obligations under the UN Genocide Convention, and that the actions of the Israeli occupation army were “of a genocidal character” because they aimed to destroy Palestinians in Gaza.

She called for an end to the fighting and said that those responsible for the Israeli war should be tried.

The ruling African National Congress party in South Africa has historical ties and sympathy with the Palestinian issue, saying that the issue reflects its struggle against apartheid rule.

  • How did Israel respond to this?

The Israeli government denied these allegations, saying that the war was a defense of its territory, and that it worked to prevent civilian casualties in its war against Hamas.

After the interim ruling of the International Court of Justice, Israeli Prime Minister Benjamin Netanyahu welcomed the court's rejection of South Africa's decision to request a ceasefire.

Netanyahu said that the claim that Israel is committing genocide against the Palestinians is false and abhorrent, and that the court’s willingness to even discuss this matter is a stain that will not be erased for generations.

  • What is the official definition of genocide?

In the 1948 Genocide Convention, it is defined as specific acts intended to destroy, in whole or in part, a national, ethnical, racial or religious group.

The acts mentioned in the Convention are to kill or inflict serious mental or physical harm on members of the group, subject them to conditions intended to bring about the physical destruction of the group in whole or in part, and impose measures to prevent births or forcibly remove children.

Victims of genocide are not targeted for individual reasons, but rather because of their membership in one of four specific groups. Acts committed against part of the group may be counted if it represents a “significant” share.

  • Where did the idea of ​​genocide come from?

The term was coined by Raphael Lemkin, a Polish Jew who fled his country after the German invasion in 1939. It is a compound word of the Greek word "genos," or race, and the word "-cide," meaning to kill.

According to the Holocaust Encyclopedia, Lemkin submitted the word while working for the US War Department during his participation in US preparations for the Nuremberg war crimes trials, and was able to include the word genocide in the indictment against the Nazi leadership.

  • What is the origin of the Genocide Convention?

The Convention on the Prevention and Punishment of the Crime of Genocide was passed in 1948 in response to Germany's attempt to kill all Jews in the Holocaust, and Israel and South Africa are among 153 countries that have ratified the treaty.

The treaty makes genocide a crime under international law, and signatory states must work to prevent genocide and include it as a crime in their national laws.

The International Court of Justice considers genocide to be prohibited anywhere, including in countries that have not signed the convention.

  • What is the International Court of Justice and what are its powers?

The International Court of Justice, based in The Hague, sometimes called the “World Court,” hears only cases between UN member states over conflicts of public international law. UN organs can also ask their judges to issue advisory opinions, and individuals cannot file Issues before her.

The ICJ issues its rulings but cannot implement them itself, and usually relies on the compliance of the parties concerned and on other international actors to pressure them to do so.

  • What is the difference between the International Court of Justice and the International Criminal Court?

The International Court of Justice has the right to declare that a state is violating the rules of war or the Genocide Convention, but it cannot try or punish anyone. International law has assigned this task to the International Criminal Court, which has a prosecutor who can investigate and charge individuals with war crimes and crimes. Against humanity and genocide.

Israel has not ratified the Statute of the International Criminal Court and does not recognize its jurisdiction. However, the State of Palestine became a member of the International Criminal Court in 2015.

In 2021, the court began investigating the occupation crimes in the Gaza Strip, the West Bank, and East Jerusalem.

The office of ICC Prosecutor Karim Khan said in November that the investigation “extends the escalation of hostilities and violence since the attacks of 7 October 2023.”

  • What will happen to Israel after South Africa wins in the International Court of Justice?

ICJ rulings are binding, not subject to appeal, and the UN Charter stipulates that each party “undertakes to comply with the decision,” meaning that Israel will be legally obligated to comply.

However, the ICJ does not have its own mechanism to enforce such an order. This would be up to national governments, and would likely require a UN Security Council resolution authorizing the use of force.

Ruling on a charge of genocide will require lengthy deliberations by the court, and it may take years before a final ruling is issued.

Source: Bloomberg