International Court of Justice Orders Israel to Limit Destruction in Gaza

In a significant development, the International Court of Justice (ICJ) has directed Israel to take measures to minimize death and destruction in Gaza. This decision stems from a case initiated by South Africa, alleging that Israel’s military actions against Hamas amount to genocide.

The ICJ, based in The Hague, did not mandate an immediate cease-fire in Gaza, a request made by South Africa. The order, issued by a panel of 17 judges, is an advisory opinion, not enforceable by the court. However, it adds political pressure on Israel to work towards a cease-fire, almost four months into its retaliatory military campaign against Hamas.

Joan E. Donoghue, the court’s president, expressed deep concern about the human tragedy in the region and ordered Israel to submit a report within one month detailing actions taken to prevent genocidal acts in Gaza. These acts include killing members of a group, imposing conditions hindering childbirth, and punishing public comments inciting genocide. Israel is also tasked with ensuring sufficient humanitarian aid reaches Gaza.

Genocide Allegations and Israel’s Defense

South Africa contends that Israel’s actions in Gaza are “genocidal in character,” citing public statements by Israeli leaders. Israel strongly rejects the genocide accusation, emphasizing efforts to avoid civilian casualties and increase humanitarian aid deliveries to Gaza.

Israel’s military campaign has displaced nearly 85% of Gaza’s 2.3 million population, causing extensive destruction. The UN and humanitarian aid groups report that at least one-quarter of Gaza’s population is facing starvation. The situation has prompted legal scholars to consider whether Israel’s actions align with international humanitarian law or may constitute crimes against humanity.

South Africa’s Stance and Historical Context

South Africa, a staunch supporter of the Palestinians, draws parallels between Israel’s policies in Gaza and the West Bank and its own history under apartheid. The African National Congress likens Israel’s military occupation to apartheid, a term vehemently rejected by Israel. The ICJ’s involvement in this case follows its previous order to Russia to halt its invasion of Ukraine in March 2022, which Russia did not comply with.

This verdict on South Africa’s claim of Israeli genocide in Gaza is expected to take several years, and the outcome will have implications for the ongoing conflict in the region.