The International Court of Justice (ICJ) has issued six emergency orders to the State of Israel in response to Immediate ceasefire, allegations of genocide and a brutal bombardment of Gaza. However, the court stopped short of calling for an immediate ceasefire and provide Israel a green light to continue. This ruling coincides with the ongoing deliberations on South Africa’s genocide case against the State of Israel.
South Africa has accused Israel of committing genocide in Gaza and urgently called for a ceasefire on humanitarian grounds. Despite Israel’s argument that the ICJ lacks jurisdiction, citing a “dispute” over the interpretation of genocide law, the court dismissed these claims.
The six measures, described as “softcore orders,” are outlined as follows:
- The State of Israel must take preventive measures outlined in Article 2 of the 1948 Genocide Convention. This includes refraining from killing members of the Palestinian group, avoiding harm, ensuring living conditions that do not threaten their existence, and abstaining from actions that prevent births. The measure was approved by a vote of 15-2, with dissenting judges from Uganda and the State of Israel.
- The State of Israel must ensure its military refrains from actions outlined in the Genocide Convention. This measure also received approval by a vote of 15-2, with dissenting judges from Uganda and the State of Israel.
- The State of Israel must prevent and punish “direct and public incitement to commit genocide” against Palestinians in Gaza. This measure was approved by a vote of 16-1, with the dissenting judge being Judge Sebutinde of Uganda.
- The State of Israel must ensure the delivery of basic services and essential humanitarian aid to civilians in Gaza. This measure also received approval by a vote of 16-1, with the dissenting judge being Judge Sebutinde of Uganda.
- The State of Israel must prevent the destruction of evidence of war crimes in Gaza and allow fact-finding missions access. This measure was approved by a vote of 15-2, with dissenting judges from Uganda and the State of Israel.
- The State of Israel must submit a detailed report on the steps taken to comply with the court’s measures within one month, with South Africa having the opportunity to respond. This measure was approved by a vote of 15-2, with dissenting judges from Uganda and the State of Israel.
These orders address critical aspects, including the prevention of genocide, the protection of civilians, and the facilitation of investigations into alleged war crimes. The potential impact of these measures and future developments will hinge on the State of Israel’s willingness to adhere to the court’s directives.