Israel caught in a bind by ICJ judgment although no specific order for ceasefire
Last Friday’s judgment by the International Court of Justice (ICJ) on an application by South Africa regarding the rights of the people of Gaza under the Genocide Convention marks a significant milestone in the ongoing efforts to address the humanitarian crisis in the region.
Firstly, the ICJ's recognition of the people of Gaza as a group entitled to the protection of rights under the Genocide Convention is a crucial step towards acknowledging the plight of the Palestinian population in the region. Historically, the people of Gaza have faced dire humanitarian conditions due to ongoing conflict and blockades, which have severely impacted their access to basic necessities such as food, water, and healthcare. By affirming their status as a group deserving of protection, the ICJ has highlighted the need to safeguard their fundamental rights and dignity in the face of such adversity.
Moreover, although the ICJ's judgment did not order a ceasefire in so many words, it goes beyond the call for a cessation of hostilities by delineating specific measures that constitute a ceasefire and placing the burden on Israel to ensure the well-being and survival of the people of Gaza.
The court ruled that Israel must do all it can to prevent genocide, including refraining from killing Palestinians or causing harm to them. It also ruled it urgently needs to get basic aid to people in Gaza and that Israel should prevent and punish any incitement to genocide, among other measures. The court said Israel should submit a report on measures taken by it within a month.
This nuanced approach acknowledges the asymmetrical nature of the conflict and underscores the responsibility of the stronger party to uphold international law and protect the rights of the civilian population. The ICJ's decision to break down the components of a ceasefire and list them separately not only clarifies the obligations of the parties involved but also emphasizes the urgency of addressing the humanitarian crisis in Gaza.
Furthermore, the ICJ's consideration of provisional measures to be imposed on Israel without delving into the merits of the overall application at this stage underscores the urgency of addressing the humanitarian crisis in Gaza. By focusing on immediate steps to alleviate the suffering of the Palestinian population, the ICJ has demonstrated its commitment to providing timely relief and protection to those most vulnerable in conflict-affected areas. This approach acknowledges the urgent need for action to address the dire humanitarian situation in Gaza without getting bogged down in lengthy legal proceedings.
The President of the court Joan E. Donoghue herself stated that the Court was acutely aware of the extent of the human tragedy that is unfolding in the region and was deeply concerned about the continuing loss of life and human suffering.
South Africa brought the case to the International Court of Justice (ICJ) earlier this month, asking it to grant emergency or provisional measures to halt the fighting, which has killed more than 26,000 Palestinians the majority of whom are women and children.
Crucially, the ICJ's reliance on independent material provided by senior UN officials lends credibility to its findings and underscores the importance of impartial investigation and accountability in addressing human rights violations. By basing its judgment on verifiable evidence, the ICJ ensures that its decisions are grounded in facts and uphold the principles of fairness and justice. This reliance on independent evidence also helps to counteract attempts by parties to the conflict to manipulate or distort the narrative surrounding human rights abuses in Gaza.
The ICJ's order of provisional measures against Israel outlines specific obligations that the Israeli state must fulfill to prevent further harm to the people of Gaza. These measures include preventing killings, causing harm, inflicting conditions of life calculated to bring about physical destruction, imposing measures to prevent births, and ensuring access to basic services and humanitarian assistance. By delineating clear responsibilities for Israel, the ICJ holds the Israeli state accountable for its actions and emphasizes the need for concrete steps to protect the rights of the Palestinian population.
The ICJ order has effectively put Israel in a bind. That Israel will not be able to fulfill these obligations without a ceasefire is to state the obvious but Israel in characteristic style remained defiant in the face of the ICJ order.
After the ruling, Israeli Prime Minister Benjamin Netanyahu said the fact that the court was willing to discuss the genocide charges was a “mark of shame that will not be erased for generations," and he vowed to press ahead with the war.
“We will continue to do what is necessary to defend our country and defend our people,” he said. “Like every country, Israel has the basic right to defend itself. The court in the Hague rightfully rejected the outrageous request to take that away from us.”
Moreover, the ICJ's directive for Israel to submit a report on the measures taken to implement the order underscores the importance of transparency and accountability in addressing human rights violations. By requiring Israel to provide an update within a month on its compliance with the order, the ICJ ensures ongoing scrutiny and oversight of the state's actions, thereby promoting accountability and adherence to international law. This emphasis on transparency also serves to build trust among stakeholders and reinforces the credibility of the ICJ's decision-making process.
The ICJ's judgment on Gaza represents a significant milestone in the quest for justice and accountability in the region. By recognizing the rights of the people of Gaza under the Genocide Convention, delineating specific provisional measures against Israel, and emphasizing the importance of independent evidence and accountability, the ICJ underscores the need for concerted international efforts to address the humanitarian crisis and uphold human rights in conflict-affected areas. Moving forward, it is imperative for all stakeholders to work towards implementing the ICJ's directives and ensuring the protection and dignity of the Palestinian population in Gaza. Only through collective action and commitment to justice can lasting peace and stability be achieved in the region.