“The main case on whether or not Israel has committed genocide will take months, even years, to decide”
Last Jan. 26, 2024, the International Court of Justice (ICJ), following an application of South Africa invoking the Genocide Convention, rendered an order asking that Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
The Court also asked that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.
The main case on whether or not Israel has committed genocide will take months, even years, to decide.
Meanwhile, the ICJ indicated the above-mentioned provisional measures to be immediately implemented by Israel.
In rendering its order, the Court emphasized that all parties to the conflict in the Gaza Strip are bound by international humanitarian law.
It shared its concern about the fate of the hostages abducted during the attack on Israel on Oct. 7 2023 and held since then by Hamas and other armed groups, and called for their immediate and unconditional release.
At the outset, the ICJ recalled the immediate context in which the present case came before it:
“On 7 Oct. 2023, Hamas and other armed groups present in the Gaza Strip carried out an attack in Israel, killing more than 1,200 persons, injuring thousands and abducting some 240 people, many of whom continue to be held hostage.
“Following this attack, Israel launched a large-scale military operation in Gaza, by land, air and sea, which caused massive civilian casualties, extensive destruction of civilian infrastructure and the displacement of the overwhelming majority of the population in Gaza.
“The Court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering.”
The Court observes that: “the military operation being conducted by Israel following the attack Oct. 7 2023 has resulted in a large number of deaths and injuries, as well as the massive destruction of homes, the forcible displacement of the vast majority of the population, and extensive damage to civilian infrastructure.”
While observing the figures relating to the Gaza Strip could not be independently verified, other information indicates that as of the day of its order: 25,700 Palestinians have been killed, over 63,000 injuries have been reported, over 360,000 housing units have been destroyed or partially damaged and approximately 1.7 million persons have been internally displaced.
According to the ICJ, consistent with reports of United Nations organizations and media coverage, Palestinians in the Gaza Strip have been deprived access to water, food, fuel, electricity and other essentials of life, as well as to medical care and medical supplies.
In its decision on provisional measures, the ICJ concluded the civilian population in the Gaza Strip remains extremely vulnerable, that “the military operation conducted by Israel since Oct. 7 2023 has resulted, inter alia, in tens of thousands of deaths and injuries and the destruction of homes, schools, medical facilities and other vital infrastructure, as well as displacement on a massive scale.”
The ICJ cited the estimate of the World Health Organization that 15 per cent of the women giving birth in the Gaza Strip are likely to experience complications, and indicates that maternal and newborn death rates are expected to increase due to the lack of access to medical care.
The ICJ further noted that Israel’s Gaza operation is ongoing with Prime Minister Netanyahu quoted as saying the war “will take many more long months”.
Given such circumstances, the ICJ agreed that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the Court renders its final judgment.
Thus the provisional measures indicated by the Court, summarized at the beginning of this column, are justified.
Unfortunately, the ICJ did not order a ceasefire as requested by South Africa. Nevertheless, this order for provisional measures is the step in the right direction, a small candle in a long tunnel of darkness that the Palestinian people in Gaza finds itself in.
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