Israel has been put on notice by the International Court of Justice that it must ensure its forces do not commit acts of genocide in Gaza. In an interim order the court – which is part of the United Nations – found that allegations by South Africa to the effect that Israel is breaking the 1948 Convention on Genocide are plausible.
The question as to whether Israel’s treatment of Palestinian civilians in Gaza is in fact a breach of the convention will be determined at a later date. The landmark ruling is a reflection of how seriously the ICJ takes the allegations. However, the court did not back a South African demand for an immediate ceasefire.
The measures set out in the order amount to a strong warning to Israel that in it must be conscious of its obligations under the Genocide Convention when it comes to Palestinians in Gaza. It also serves as an indirect warning to Israel’s allies – most notably the United States – that they too have an obligation not to be complicit in breaches of the convention.
Israel has been given a month to report back to the court on its compliance with the measures. It will most likely argue that it always operates within the convention and already complies with the measures mandated by the court.
However, it will be difficult for Israel to claim compliance with the requirement that it should enable the provision of basic services and humanitarian assistance to the population in Gaza given the effective blockade of the territory.
South Africa has called the order a decisive victory, which may be an overstatement. But the country’s decision to take the case has been vindicated. It represents a very serious setback for Israel’s attempts to impose its narrative on the war and the argument that its actions are within the boundaries of international law and proportionate to the threat it faces from Hamas.
Particularly damaging in this regard was the court’s highlighting of public statements by Israel’s president, defence minister and former energy minster that could be construed as dehumanising of Palestinians. The court relied on these – and the assessment of senior UN officials of the situation in Gaza – in its deliberations as to whether the accusations of genocide levelled by South Africa were plausible. The ICJ ruling will put further pressure on the Government here – and those elsewhere in the West – to adopt an unequivocal stance on the way the conflict in Gaza is being conducted.
However, it will not stop the war, which looks set to continue for some time and until Israel achieves its stated objective – the destruction of Hamas as a military force. But Israel should be in no doubt now that the international community will endeavour to hold it to account for how it is going about it.