By Janet Ekstract ISTANBUL – On January 26, The International Court of Justice (ICJ) granted emergency measures against Israel in a genocide case brought by South Africa. But the ICJ did not order Israel to suspend its military campaign in Gaza. It did state that Israel must “ensure with immediate effect that its military does not commit any acts,” which would violate the Genocide Convention. The ICJ also stated that the situation in Gaza is so serious it could easily deteriorate further and that there is an “urgency” required to impose provisional measures. As part of its ruling stated: “The court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgement,” Judge Joan Donoghue said. Donoghue further stated: “The court considers that there is urgency in the sense that there is a real and imminent risk at irreparable prejudice will be caused to the rights found by the court to be plausible before it gives its final decision.” The judge also said that civilians in Gaza remain “extremely vulnerable.”
South Africa had requested the ICJ issue “provisional measures” to order Israel to halt its war in Gaza which South Africa said is “necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people.” Provisional measures are a temporary order to stop actions, pending a final decision by the ICJ also known as the World Court. The ICJ did conclude that “some of the rights claimed by South Africa and for which it is seeking protection are plausible.” Donoghue also said: “This is the case with respect to the right of Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article Three and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the convention.” The ICJ also declared under Article 2 of the Genocide Convention that Palestinians are considered a “protected group.” As the judge summed it up: “The Palestinians appear to constitute a distinct national, ethnical, racial or religious group and hence a protected group within the meaning of Article Two of the Genocide Convention.” As the judge further commented: “The board observes that, according to United Nations sources, the Palestinian population in the Gaza Strip comprises over 2 million people. Palestinian in the Gaza Strip, form a substantial part of the protected group.” Also, Donoghue further commented: “The court notes that the military operation being conducted by Israel, following the attack of seven October 2023, has resulted in a large number of deaths and injuries as well as massive destruction of homes.” As Judge Donoghue concluded: “In the court’s view, at least some of the acts and omissions alleged by South Africa, to have been committed by Israel in Gaza, appear to be capable of falling within the provisions.” Judge Donoghue also said the ICJ rejected Israel’s request to remove the case.
