Top court makes Gaza ruling
On 26 January, the International Court of Justice (ICJ) issued an interim ruling (one taken before a final decision) in South Africa’s court case against Israel. South Africa claims that Israel is breaking international law by committing genocide against the Palestinian people who live in Gaza, a strip of land bordering Israel. Genocide is a deliberate attempt to destroy part or all of a particular race or group of people.
What is the court case about?
It concerns the war between Israel and Hamas, a political and military organisation based in Gaza. A long-running conflict between the two became much worse on 7 October last year when Hamas attacked Israel, killing 1,200 people and taking around 240 hostages (prisoners). Hamas is classed as a terrorist organisation by the UK and many other countries.
Israel responded by attacking Gaza. The Hamas-run authority in Gaza reports that Israel has killed 26,000 Palestinians in the past four months.
South Africa presented its case accusing Israel of genocide to the ICJ. This is a court run by the United Nations (UN), which is a group made up of most of the world’s countries that works to promote peace. The ICJ is in The Hague, a city in the Netherlands, and has 15 permanent judges. A judge from South Africa and a judge from Israel were also there.
What did the ICJ say?
In its ruling, the ICJ said Israel must take all steps necessary to prevent genocide in Gaza. The court said Israel mustn’t stop supplies of aid, such as clothes, food, fuel, water, shelter and medicine, from reaching people in Gaza. South Africa had also asked the ICJ to order Israel to stop attacking Gaza, but the court didn’t demand this.
This interim ruling has been seen by many people as a win for South Africa because it shows that the ICJ sees the accusation of genocide as worth investigating further. However, the court could take many years to reach a final decision.
What was the reaction?
Israel’s prime minister, Benjamin Netanyahu, said, “The mere claim that Israel is committing genocide against Palestinians is not only false, it’s outrageous.” Palestine’s foreign minister, Riyad al-Maliki, said the ICJ ruling is a reminder that “no state is above the law” and it should be a “wake-up call” for Israel. South Africa’s foreign ministry said the ICJ’s ruling marked a “decisive victory for the international rule of law”.
What happens next?
As a member of the UN, Israel should listen to the ICJ ruling. However, the court has no power to force Israel to do what it says. The ICJ has asked Israel to send in a report on what it is doing to comply with the ICJ’s orders by 26 February. South Africa will have a chance to respond to Israel’s report. The report will help the ICJ to decide what to do next.