The International Court of Justice (ICJ) has ordered Israel to prevent and punish genocidal incitement and report back in one month on whether it upheld the order.
Also read: ICJ to deliver interim ruling on SA’s genocide case against Israel on Friday
Judge Joan Donoghue made the ruling on the ICJ’s Order on the ‘Request for the indication of provisional measures’ submitted as part of South Africa’s genocide case against Israel on Friday, 26 January 2024.
As per Al Jazeera, the court found that some of South Africa’s allegations against Israel fell within the provisions of the Genocide Convention.
During the preliminary ruling, Judge Donoghue noted that the court recognises the Palestinians’ right to be protected from acts of genocide. As a result, the court ordered Israel to take all measures within its power to prevent genocide and ensure that its forces do not commit genocide. It must also ensure the preservation of evidence of alleged genocide.
The ICJ president noted that the court took into account several statements made by senior Israeli officials labelled as ‘dehumanising language’. In particular, it called attention to statements made by Israeli Defense Minister Yoav Gallant, who called for a ‘complete siege’ of Gaza, telling troops that they are fighting against ‘human animals’.
The court also noted that Israel’s military operations have resulted in a large number of deaths and injuries, the destruction of homes, the forcible displacement of the majority of the population and extensive damage to civilian infrastructure. To this, Judge Donoghue stated that Gaza has become a ‘place of death and despair’.
Outside the court, Naledi Pandor, the South African minister of International Relations and Cooperation of South Africa, expressed gratitude to the ICJ for its prompt ruling.
‘This case revolves around international bodies ensuring they fulfil their responsibility to protect us all. South Africa believed it was crucial not to stand idly by while witnessing the killing of Palestinian citizens.
‘Therefore, we found it important to report to the court that the state of Israel is urged by the judges to end the massive harm we’ve seen. We fully agree with the judges that Hamas should release the hostages they’re holding.
‘I believe that in implementing the order, a ceasefire would be necessary. I would have preferred a ceasefire, and I think Israel needs to reconsider how it conducts its search for the hostages.
‘I would have preferred the inclusion of the word ‘cessation’ in the order. The court stated that circumstances where genocidal acts may have been committed are plausible.
‘I believe that Hamas’ actions have caused great harm, and the hostages should be freed. The people of Palestine have endured harm for many decades. The court’s ruling is clear and sends a message that we all should respect the law.
‘With the people of Palestine, we stand.’
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Picture: @CIJ_ICJ / X
