The Hague court ignores ceasefire request and orders

The International Court of Justice (ICJ), the UN’s main court, ordered this Friday (26) that Israel limit attacks on the Palestinian population during its offensive in the Gaza Strip, in addition to guaranteeing the provision of basic services and humanitarian assistance, prevent the destruction of homes and civilian infrastructure, as well as take effective measures to prevent and punish direct incitements to genocide.

However, the ICJ did not accept one of South Africa’s requests, made during the first hearing 15 days ago, which would be to order the immediate suspension of Israeli military actions in the Gaza Strip, despite the fact that the Israeli massacre against Palestine had already killed more than 26 thousand citizens. The decision was announced in the form of emergency measures taken by the court’s judges. They also call on Hamas to release the Israeli hostages and insist that everyone must be subject to international law.

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The State of Israel must “take all measures within its power to prevent the commission of all acts covered by Article II of the Genocide Convention”, said Joan Donoghue, president of the court, as she read the first sentence in response to a request of South Africa, which sued the ICJ on charges of genocide against Israel.

“The court is aware of the extent of the ongoing humanitarian tragedy in the region and is deeply concerned by the continued loss of life,” Donoghue said.

Naledi Pandor, South African Minister of International Relations and Cooperation, smiles when she realizes that most of the arguments against Israel were accepted by the court / Remko de Waal / ANP / AFP

Of the 17 judges, the overwhelming majority voted in favor of urgent measures, which covered most of what South Africa requested. On some items, only one judge voted against; in others, two judges. The court ordered Israel to refrain from any acts that could fall under the genocide convention and also to ensure that its troops do not commit genocidal acts in Gaza.

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Despite the considerations made, the court did not go into the actual merits of the South African accusation, which points to the existence of a genocide against the Palestinian population. The judges’ ruling on this could take months or even years.

Repercussion

For the South African government, this is a “decisive victory” for the international rule of law, a “significant milestone in the search for justice for the Palestinian people”.

Hamas representative Sami Abu Zuhri said the court’s decision was a sign of Israel’s “isolation” and called on Israel to comply with the ruling.

The Palestinian Authority’s Ministry of Foreign Affairs pointed out that the decision is a warning that “no one is above the law.” “Palestine welcomes the provisional measures ordered today by the International Court of Justice,” said the head of the foreign ministry, Ryad Al Maliki. “The ICJ judges evaluated the facts and the law. They ruled in favor of humanity and international law,” he said.

“We ask all States to ensure that all provisional measures ordered by the Court are implemented, including by Israel, the occupying power. This is a binding legal obligation,” he stated.

Israeli Prime Minister Benjamin Netanyahu said his government “will continue to do whatever is necessary” to defend itself.

Israel claims that its troops comply with international laws, do their best to minimize harm to the civilian population and that the accusations are distorted, since the country is practicing its legitimate right of defense due to the attack carried out by Hamas on October 7, 2023 .

What does the convention say

South Africa points out that Israel, with its actions in the Gaza Strip since October 7, violates the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

Article 2 lists five points that define whether a military action goes beyond a war crime and constitutes a crime of genocide: killing members of the group; cause serious physical or mental harm to group members; deliberately inflicting upon the group conditions of life calculated to lead to its physical destruction in whole or in part; impose measures intended to prevent births within the group; forcibly transfer children from one group to another group.

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The South African application argues that, within the framework of the Convention, Israel’s acts over the past three months include “killing Palestinians in Gaza, causing them serious physical and mental harm and inflicting upon them living conditions calculated to bring about their destruction physics”, that is, they would fit into points of the Convention’s definition.

With information from Reuters, Financial Times and column by Jamil Chade.

Editing: Matheus Alves de Almeida