The International Court of Justice (ICJ) confirmed on Wednesday that it will deliver its 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.
Also read: SA’s legal team in the genocide case against Israel has won praise. Who are they?
‘A public sitting will take place at 1pm (2pm in South African time) at the Peace Palace in The Hague, during which Judge Joan E. Donoghue, the President of the Court, will read the Court’s Order,’ the ICJ said in a statement.
PRESS RELEASE: the #ICJ will deliver its Order on the request for the indication of provisional measures submitted by South Africa in the case #SouthAfrica v. #Israel this Friday, 26 January 2024, at 1 p.m. (The Hague). Watch live on @UNWebTV https://t.co/tikn2TSa8U pic.twitter.com/2csTaDZVZ1
— CIJ_ICJ (@CIJ_ICJ) January 24, 2024
This comes after two days of public hearings took place at the World Court earlier this month in which South Africa accused Israel of violating the 1948 Geneva Convention and requested the ICJ to order an emergency suspension of Israel’s military campaign in Gaza on the first day.
The second day of public hearings saw Israel rebutting the genocide allegations, dismissing them as ‘grossly distorted’ and arguing that it had a right to defend itself against Hamas.
While the ruling on whether or not Israel is committing genocide in the Palestinian territories will not be addressed on Friday, the 17-judge panel will hand down its order on the possible provision of emergency measures.
‘In its application, South Africa also requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”,’ the ICJ added in its statement.
Also read: Ramaphosa commends legal team for historic ICJ case against Israel
As part of its case, South Africa’s legal team filed nine injunctions in total with the court, with the suspension of military operations in Gaza being one of them. A separate one requests that Israel facilitate and not impede the delivery of humanitarian aid to Gaza.
If granted, these measures will aim to restrain Israel’s current military campaign and prevent any further aggravation of the alleged genocide while the ICJ deliberates the full case, which, as Business Day reported, usually takes years.
The publication also pointed out that if the ICJ decides to issue emergency measures, it is not bound to order the full extent of what South Africa has requested.
‘Rulings by the court are legally binding and without appeal, but the court has no way to enforce them. If it grants some or all of South Africa’s eight requests for so-called provisional measures, it is unclear whether Israel will comply,’ Al Jazeera reported Michael Becker, a former legal officer at the ICJ, as saying.
‘How the court addresses these two requests, if it decides to indicate provisional measures at all, is what to really look out for on Friday,’ said Becker.
Also read: City responds to backlash over removal of Palestine flag mural
Israeli Prime Minister Benjamin Netanyahu previously alluded to the fact that he would not feel bound by orders from the ICJ.
‘No one will stop us – not The Hague, not the Axis of Evil and no one else. It is possible and necessary to continue until victory and we will do it,’ Netanyahu said at a televised press conference on 13 January, a day before Israel’s military operation entered its 100th day.
Head of Public Diplomacy Clayson Monyela announced on Wednesday that Foreign Minister Naledi Pandor will journey to The Hague to be present at the court as it delivers its announcement.
The announcement of Pandor’s travels to The Hague ‘does not necessarily mean South Africa knows the verdict will be in its favour, but does reflect a confidence in Pretoria that their request is going to be met at least partially,’ The Guardian reported.
Since October, over 25 700 have been killed in the Israeli assault, mostly women and children, according to Palestinian authorities in Gaza.
Also read:
Thousands gather in Cape Town for Global Day of Action for Palestine
Picture: Sora Shimazaki / Pexels