The International Court of Justice (ICJ), also known as the World Court, is set to hold hearings this week on a case brought by South Africa against Israel. South Africa accuses Israel of committing genocide during the Gaza war and is seeking an emergency suspension of its military campaign. Let’s take a closer look at the case and what to expect from the hearings.
What is the ICJ?
The ICJ is the highest United Nations legal body, established in 1945 to handle disputes between states. It should not be confused with the International Criminal Court, which deals with war crimes cases against individuals. The ICJ’s panel consists of 15 judges, and in this case, an additional judge from each side will be added. The court primarily deals with border disputes and cases brought by states accusing others of breaking UN treaty obligations. Both South Africa and Israel are signatories to the 1948 Genocide Convention, which gives the ICJ jurisdiction to rule on disputes over the treaty.
What is South Africa’s case?
In its 84-page filing, South Africa argues that Israel is committing genocide against Palestinians in Gaza. The filing states that Israel’s actions, including killing Palestinians, causing them mental and bodily harm, and creating conditions for their physical destruction, amount to genocide. South Africa claims that Israel has failed to prevent genocide and has violated the Genocide Convention by not curbing incitement to genocide by its own officials.
What is Israel’s response?
Israel has dismissed the claim as baseless and called it an “absurd blood libel.” A government spokesman accused South Africa of making baseless allegations of Jewish perfidy to incite hatred against Jews. Israel has stated that it will present its case in court next week.
What will happen at the hearings?
The hearings are scheduled for January 11th and 12th. The request for emergency measures is the first step in a case that could take several years to complete. Provisional measures are meant to prevent a dispute from escalating while the court examines the full case. The ICJ often grants such measures, which typically involve asking a state to refrain from actions that could worsen the legal dispute. The court will determine if it has jurisdiction and if the acts complained of fall within the scope of the genocide treaty. The measures decided upon may not necessarily align with what South Africa has requested. South Africa has asked the court to order Israel to suspend its military actions in Gaza, stop any genocidal acts, take reasonable measures to prevent genocide, and provide regular reports to the ICJ on these measures. While the ICJ’s rulings are final and without appeal, it lacks enforcement mechanisms. However, a ruling against Israel could damage its international reputation and establish legal precedent.
How long until a final ruling?
If the court finds prima facie jurisdiction, the case will proceed at the Peace Palace in The Hague, even if emergency measures are denied. Israel will then have an opportunity to argue that the court has no legal grounds to consider South Africa’s claim and file a preliminary objection limited to jurisdictional issues. If the court rejects this objection, further public hearings will be held to examine the case on its merits. It is not uncommon for several years to pass between the initial claim and the actual hearing of the case.
In conclusion, the ICJ will hold hearings this week on South Africa’s case against Israel, accusing it of genocide in the Gaza war. The outcome of these hearings could have significant implications for both countries.