ICJ orders Israel to take reasonable measures to prevent further killings of civilians in Gaza

Sibusiso Ndlovu

The International Court of Justice (ICJ) orders Israel to take measures that will prevent further killings of civilians in Gaza. In its landmark judgment delivered at the Hague, the ICJ affirmed South Africa’s call that Israel was committing a genocidal crime in Palestine. When reading the court’s judgment, Judge Joan Donoghue noted that the court is extremely aware of the war in Gaza and the continued suffering of the people.

The court stated that the case is a matter of substance, not a procedure or merit. Has Israel violated the genocide convention? It stated that, “some acts committed by Israel fall within the convention and Palestinians appear to be a protected group under the convention, any country can use the convention”. When answering the jurisdictional matter, the court said, ” ICJ has jurisdiction to rule over emergency measures in the South Africa genocide case against Israel”.

During its argument to the court, Israel’s lawyers contended that South Africa didn’t discharge its proof whether Israel was acting with intent, and the proof of intent must be discharged in a genocide case. The court said, “acts and omissions by Israel are genocidal in character, as they are committed with the requisite specific intent to destroy Palestinians in Gaza as part of the broader Palestinian national, racial and ethic group and that the conduct of Israel, through its state organs, state agents, and other persons and entities acting on its instructions or and its direction control or influence in relation to Palestinians in Gaza, violates its obligations under the genocide convention”.

Israeli Prime Minister Benjamin Netanyahu responded to the ICJ interim provisional order. Stating that, ” Israel is committed to international law, is unwavering, is our second commandment to continue to defend our country and defend our people like any other country”. He says, “Israel has an inherent right to defend itself; attempting to deny Israel this fundamental right is blatant discrimination against the Jewish state and it was justly rejected”.

The court made it clear that its provisional order is binding, but the Prime Minister seems to disregard the court’s order. Just like a “toothless fish “and with no option but to obey the court’s order. In disregard of the rule of law. He said, “Israel will continue to defend itself against Hamas, a genocidal terror organization. Our war is against Hamas terrorists, not against Palestinian civilians”.

The Prime Minister forgot to mention if 26,000 Palestinians who were killed by Israel were also Hamas members or terrorists”.

The court further noted that its power to indicate provisional measures will be exercised only if there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights claimed before the ICJ gives its final decision.

It highlighted that the condition of urgency is met when the acts susceptible of causing irreparable prejudice can occur at any moment before the ICJ makes a final decision on the case.

The court’s provisional order, ordered that (1) Israel must contain death in Gaza (2) to report to the court within a month on what it is doing to uphold the order, take all measures within its power to prevent acts of genocide, (3) Hamas must release the captives, and (4) allow the humanitarian agency to enter Gaza.