Less than a month ago, South Africa accused Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide. Israel, which argues that it’s been appropriately responding to Hamas’ Oct. 7 attack, asked the International Court of Justice to throw out the case. The ICJ issued a ruling Friday that won’t satisfy those on either side of the legal dispute but will heighten the scrutiny of Israel’s claims that it’s making efforts to prevent civilian deaths.
The ICJ issued a ruling Friday that won’t satisfy those on either side of the legal dispute but will heighten the scrutiny of Israel’s claims that it’s making efforts to prevent civilian deaths.
South Africa wanted the court to order an immediate cease-fire in Israel’s nearly four-month campaign against Hamas that has killed an estimated 26,000 Palestinians in the Gaza Strip, according to the Palestinian Health Ministry. Israel wanted the court to throw out the case for lack of jurisdiction. The ICJ did neither. Instead, it called on Israel to take measures to prevent its forces from committing acts of genocide against Palestinians. The court also compelled Israel to allow more aid to flow into Gaza, punish anyone who is inciting genocidal acts and submit a report to the World Court on its efforts in a month.
The ICJ, which is rarely in the news, is made up of 15 judges from around the world, each elected for a nine-year term. An ad-hoc judge from each country in a dispute joins those 15 in hearing the case. Unlike the International Criminal Court, which was founded in 1999 and whose jurisdiction several notable countries refuse to accept, all members of the United Nations are subject to ICJ rulings. The ICJ focuses only on disputes between member states, particularly disputes alleging violations of international treaties. While it can take years to issue its final ruling, the court can issue provisional orders, essentially injunctions, in the meantime.
The application South…
Read the full article here