The International Court of Justice announced its decision on Friday following a hearing into the case filed against Israel by South Africa alleging that the Israel is committing genocide of the Palestinians. The court did not agree though it issued immediate measures to be followed by Israel. Clearly, Israel got away with Genocide in ICJ ruling.
Given the number of innocent civilians in Gaza killed in the last three months by Israel, it was expected that the court at least will order an immediate cease fire. However, the court did not issue an immediate ceasefire as well. The Court only adopted non-binding measures on Israel to be implemented while it continues waging war on Gaza.
Major take aways from the Decision
To Curb Genocide Incitement
The court in its ruling ordered Israel to repress and penalize any Israeli government ministers who publicly asked to ethnically cleanse the entire Palestinian population.
Measures to Prevent Genocide
The court also instructed Israel to implement all necessary precautionary steps to prevent potential genocidal acts against Palestinians. This is important as it will put a pressure now to not attack civilians and civilian infrastructure.
Emergency Aid for Gaza
The court commanded Israel to allow entry of humanitarian aid, including food and medicine, into Gaza. It has been widely reported that the Palestinians left with no sufficient basic supplies of food water and medicine.
Protect Civilians and Infrastructure
The ruling also demanded that Israel to not kill or intentionally and destroy civilian infrastructure. This is in accordance with international law which states that civilians and civilian objects must be protected during military operations.
Compliance Reporting
Israel must also submit a report within a month on the compliance measures it has undertaken per the court’s instructions. This creates an accountability mechanism for Israel to demonstrate it is adhering to the court’s orders.
No ceasefire orders
It is disappointing that the court did not order an immediate ceasefire. An instant cessation of hostilities could have better protected civilian lives and infrastructure. However, the other measures may help de-escalate the conflict if properly implemented.
Does the ruling will change anything?
Palestinian Foreign Minister, Riyad al Maliki applauded the court’s decision and stated that the judges made a ruling in the favor of humanity and international law.
Responding to the decision of the court, South African foreigner Naledi Pandor said “she would have wanted to hear the ICJ order a “ceasefire” for Israel’s war on Gaza, but believes the provisions the court listed can only lead to one.
Israeli Minister of National Security Ben Guvir, called the court’s decision anti-Semitic, and declared that Israel should disregard the ruling. He said “Decisions that endanger the continued existence of the State of Israel must not be listened to,” Ben Gvir adds. “We must continue defeating the enemy until complete victory.”
It is evident from the decision of the court that the court has made an unqualified decision. In not directing an immediate ceasefire for Israel the court has ruled off the possibilities of an immediate ceasefire. According to the statement made by the Israeli ministers and given the History of Israel to disregard international law, it is absolutely clear that they will not comply with the order by the court. The Israeli Prime Minister Bin Jamin Netanyahu also determinately stated that he would not stop the conflict until he eliminates the Hamas completely.
Though the ruling is not as expected to stop the war immediately, it will certainly put an international pressure on Israel and her allies notably the United States and Great Britain. The decision will also discourage countries who supply weapon to Israel.
After this ruling, Should the U.S. and U.K. still don’t press Israel to agree to a cease-fire agreement, the matter might be put up for voting in the Security Council certainly not good from an international relation perspective.
