Friday's decision will not determine whether Israel committed genocide, as that could take years. However, the court may order temporary measures aimed at preventing the situation from worsening during the course of the case.
The legal battle has captured the world's attention and highlighted deep divisions. South Africa alleges that Israel violated the law by committing acts of genocide and failing to prevent them, and has asked the court to order Israel to cease military operations in Gaza immediately. A group of capitals expressed their support, as did the League of Arab States, which includes 22 members, and the Organization of Islamic Cooperation, which includes 57 members.
Israel strongly rejected these accusations, saying that South Africa presented a “grossly distorted” picture by ignoring the role of Hamas and “weaponizing” the International Convention against Genocide. The Biden administration rejected the request, calling it “baseless.” Britain described these allegations as “nonsense.”
The Israeli attack led to the death of about 26,000 Palestinians, according to the Ministry of Health in Gaza, the majority of whom were women and children. It was launched after Hamas militants attacked Israel on October 7, killing about 1,200 people and taking about 253 hostage.
Although court rulings are legally binding, they can be difficult to enforce. For example, Russia ignored a 2022 order to halt its war against Ukraine. However, the temporary orders will add to growing calls for Israel to change course in Gaza.
“Pending a final ruling from the International Court of Justice on whether genocide and other crimes under international law have been committed, issuing an urgent order implementing interim measures would be an important way to help prevent further death, destruction and civilian suffering,” Agnes said. Callamard, Secretary General of Amnesty International, in a statement earlier this month.
She added that it could “send a warning to other countries not to contribute to grave violations and crimes against the Palestinians.”
At the heart of South Africa's allegations is the claim that Israel has demonstrated genocidal intent and that there is an urgent need for the court to order the country to cease its military operations.
“Nothing will stop the suffering except by an order from this court,” Adila Hashim, one of the lawyers representing South Africa, said earlier this month.
In three hours of testimony on January 11, South Africa's legal team laid out the devastating impact of war on civilians, including the rising death toll and the escalating humanitarian crisis.
“It has become clearer than ever that vast swathes of Gaza – entire towns, villages and refugee camps – are being wiped off the map,” Blaine Ní Gralay, Irish lawyer on the South Africa team, said during the hearing. “On average, 247 Palestinians are killed and at risk of being killed every day, many of them literally torn to pieces. Among them are 48 mothers every day, two every hour. And more than 117 children every day.”
“At current rates, which show no signs of abating, more than three paramedics, two teachers, more than one UN staff member, and more than one journalist will be killed every day, many on the job, or in what appear to be targeted attacks.” She continued: “In their family homes or in the places where they are sheltering.” “The risk of famine will increase every day.”
They also argued that Israeli officials used dehumanizing language in a calculated effort to normalize “genocidal rhetoric” and incite soldiers.
Israel responded to all accusations. The Israeli legal team said on January 12 that civilian casualties in Gaza are an unfortunate but unavoidable consequence of fighting an armed group hiding in civilian areas, including hospitals.
Israel accused the South African side of taking the leaders' statements out of context and ignoring officials' orders to avoid unnecessary losses. The team also sought to highlight efforts to limit civilian harm, citing phone calls and leaflets warning Palestinians of upcoming airstrikes, as an example.
“In response to the October 7 massacre, which Hamas has publicly vowed to repeat, and to the continuing attacks against it from Gaza, Israel has the inherent right to take all legitimate measures to defend its citizens and secure the release of prisoners.” “Hostages,” said Christopher Stacker, a lawyer representing Israel.
He said the temporary orders could help Hamas and harm Israeli civilians.
Hendricks reported from Jerusalem.
