Landmark Ruling by UN’s Top Court Orders Israel to Prevent Genocide in Gaza, but No Ceasefire
International Court of Justice Issues Interim Measures in South Africa’s Genocide Case
On January 26, 2024, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, delivered its interim ruling on the emergency measures requested by South Africa in its genocide case against Israel over its military operations in Gaza. This highly anticipated decision garnered global attention and sparked reactions from various stakeholders.
ICJ’s Decision: Preventing Genocide, Allowing Humanitarian Aid, and Reporting Compliance
While the ICJ did not order an immediate ceasefire in Gaza, it issued several significant directives to Israel. The court emphasized the need for Israel to take all necessary measures to prevent and punish direct incitement of genocide in the besieged enclave. Additionally, Israel was ordered to allow humanitarian aid into Gaza to alleviate the severe deprivation faced by its population. The court requested Israel to report back within a month on how it is upholding these orders.
Global Reactions to the Ruling
The ICJ’s ruling elicited diverse reactions from around the world:
Palestine
Palestine’s Ministry of Foreign Affairs and Expatriates welcomed the decision, viewing it as a reminder that no state is above the law. Foreign Minister Riyadh Maliki expressed satisfaction that the court acknowledged Israel’s violations of the 1948 Genocide Convention. He urged all states to ensure respect for the ICJ’s order.
Israel
Israeli Prime Minister Benjamin Netanyahu strongly criticized the ruling, labeling it as “outrageous.” In a video message, he asserted that Israel is engaged in a just war and will continue defending itself and its citizens while adhering to international law.
South Africa
The South African government hailed the ruling as a decisive victory for international law. It expressed hope that Israel would comply with the court’s orders and cease hostilities in Gaza. South Africa reiterated its commitment to advocating for Palestinian rights within global institutions.
Hamas
Hamas, the ruling faction in Gaza, praised the court’s decision, stating that it contributes to isolating Israel and exposing its crimes. The group called for an end to the Israeli attacks against civilians.
United States
The United States stated that the ICJ ruling was in line with its view that Israel has the right to defend itself against Hamas attacks, in accordance with international law. However, the US emphasized that allegations of genocide were unfounded and noted that the court did not make a finding of genocide or call for a ceasefire.
Palestinians in Gaza
Palestinians in Gaza expressed disappointment over the court’s decision not to order an immediate ceasefire. They lamented the continued bombardment and ground invasion of the enclave, which has resulted in widespread devastation and loss of life.
Palestinians in the Occupied West Bank
Palestinians in the occupied West Bank expressed mixed reactions. Some welcomed the ruling as a historic moment, while others expressed disappointment over the lack of a ceasefire order. They voiced concerns that the decision could lead to an escalation of settler attacks and impunity in the West Bank.
Qatar
Qatar welcomed the interim ruling, urging Israel to adopt all measures to cease acts of genocide in Gaza. It hailed the decision as a humanitarian victory and a triumph for the rule of law and international justice.
Egypt
Egypt called for an immediate ceasefire in Gaza, stressing the need to respect and implement the ICJ’s decisions.
Turkey
Turkish President Recep Tayyip Erdogan welcomed the ruling, expressing hope that it would halt attacks against civilians and end the suffering of Palestinians.
Iran
Iran’s Foreign Minister Hossein Amirabdollahian called for Israeli authorities to be brought to justice following the ruling. He congratulated South Africa and the Palestinian people on the “success” at the ICJ.
Saudi Arabia
Saudi Arabia expressed approval for the emergency measures recommended by the ICJ, reiterating its rejection of Israeli occupation practices and violations of the United Nations Convention on genocide.
United Kingdom
The United Kingdom expressed concerns about the case, stating that it was not helpful in achieving a sustainable ceasefire. While respecting the role and independence of the ICJ, the UK emphasized Israel’s right to defend itself against Hamas and welcomed the court’s call for the release of captives and humanitarian aid delivery.
Malaysia
Malaysia welcomed the ICJ ruling, calling for Israel to be held accountable for atrocities and genocide in Gaza. It reiterated its support for Palestine’s admission as a full member of the UN and its recognition as a state based on pre-1967 borders.
Canada
Canada’s Foreign Minister Melanie Joly stated that Canada’s support for the ICJ does not imply acceptance of South Africa’s premise of the case. She emphasized Israel’s right to defend itself and called for an end to hostilities, the release of hostages, and the establishment of a sustainable ceasefire.
Spain
Spain’s Prime Minister Pedro Sanchez called for the implementation of the interim measures decreed by the court. He advocated for peace, the release of hostages, humanitarian access, and the establishment of a two-state solution.
Ireland
Ireland welcomed the court’s orders, expecting Israel to implement them promptly and in good faith. The Irish Minister for Foreign Affairs emphasized the need to end the conflict and pursue diplomatic, humanitarian, and legal efforts.
Scotland
Scotland’s First Minister Humza Yousaf called for an immediate ceasefire, urgent humanitarian assistance, and the release of hostages. He stressed the need to end the killing and destruction in Gaza.
Germany
Germany urged Israel to comply with the court’s ruling and allow immediate humanitarian assistance to Palestinians. Foreign Minister Annalena Baerbock emphasized Israel’s obligations under international law.
France
France reaffirmed its confidence in and support for the ICJ, emphasizing the importance of respecting international law.
European Union
The European Union called for full, immediate, and effective implementation of the ICJ’s orders, expecting compliance from parties involved.
European Parliament Political Parties
Lawmakers from The Left in the European Parliament urged an immediate ceasefire in Gaza, interpreting the court’s order as mandating an unconditional, immediate, and permanent ceasefire. The Socialists and Democrats Group pledged support for the ICJ and called for Israel’s compliance with the ruling.
Amnesty International
Amnesty International described the ruling as important, emphasizing Israel’s obligation to comply with the ICJ’s orders to prevent genocide and protect Palestinians in Gaza.
Human Rights Watch
Human Rights Watch characterized the ruling as a landmark decision that puts Israel and its allies on notice to prevent genocide and atrocities against the people of Gaza. The organization called for urgent action to enforce the order and ensure compliance.
In conclusion, the ICJ’s interim ruling in the South Africa versus Israel genocide case elicited diverse reactions from various stakeholders. While the ruling did not order a ceasefire in Gaza, it mandated Israel to take measures to prevent genocide, provide humanitarian aid, and report on its compliance. The decision has reignited debates on international law, human rights, and the ongoing Israeli-Palestinian conflict.