The interim judgement of the International Court of Justice (ICJ) validating South Africa’s charge of genocide against Israel marks a watershed moment in the Israel-Hamas strife. The Court confirmed there is substance in the complaint that under the Genocide Convention “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.” It has further ruled that Israel must “take all measures” to avoid acts of genocide in Gaza. Most of the provisional measures demanded by South Africa to alleviate the sufferings of the Palestinians have been endorsed by the Court. The Court, however, stopped short of ordering an Israeli ceasefire in Gaza.
The inescapable reality is there is no indication that Israel has any intention of heeding the Court’s provisions. In fact, there is no let-up in Israel’s acts of war in Gaza. Killings and attacks are continuing unabated. This only suggests Israel is in no mood to accept demands or measures of any international institution – legal or political. Many countries have condemned the attacks on the population of Gaza, 2.2 per cent of which has been injured in the past three months. Most of the enclave has been destroyed and over two million residents have been displaced. The continuing siege and targeting of hospitals that are known hideouts of Hamas militants have brought the healthcare system to a grinding halt. People are starving and there are reports of outbreak of diseases such as hepatitis A and Leishmania. Hundreds of women are said to have had miscarriages and many others died in childbirth due to lack of medical care.
The work done by South Africa to bring Israel to book is praiseworthy if one considers how the West has done hardly anything more than mouthing pious platitudes, while many other countries of the world have merely sympathised with the cause of the Palestinians. South Africa could justify its action by proclaiming that it cannot remain silent when it finds a country like Israel practising apartheid, the scourge it once faced. The message that South Africa seems to be trying to send across is that since Israel’s occupation and oppression have acquired genocidal proportions, the international community can no longer have the luxury of waiting, issuing statements and hoping something good would turn out.
Israel may not heed the court’s rulings and provisions, but South Africa’s historic position will have its consequences. The Department of International Relations and Cooperation of South Africa has stated that after the ICJ’s interim decision “third States” are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza. They must, therefore, also act independently and immediately to prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide Convention by aiding or assisting in the committing of genocide. Interestingly the US Administration has publicly announced that it is in the process of evaluation as to how to cut back arms supplies to Israel so as to stop genocide from taking place in Gaza.
Now, the ICJ is required by international law to proceed with a full hearing and eventually to render a verdict on the question of whether Israel is guilty of the crime of genocide in Gaza. Israel on its part is obliged to detail how, when and where it has taken the compulsory measures to prevent genocide and allow humanitarian aid to reach the starving and destitute people.
For whatever it may be worth on the ground, the pro active initiative of South Africa deserves praise.