LAST UPDATE | 26 Jan
THE INTERNATIONAL COURT of Justice has this afternoon issued a preliminary ruling on South Africa’s case against Israel alleging genocide in Gaza.
The court has said Israel should do everything it could to prevent any acts of genocide in the Gaza Strip. The ICJ, however, fell short of calling for a ceasefire.
Opposition parties here have criticised the Irish Government’s stance towards the case, and a motion to compell the Government to support South Africa’s case was defeated in the Dáil earlier this week.
The preferred position of the Irish Government has been to wait and see what the Court decides today before choosing to get involved directly, although Tánaiste Micheál Martin has said South Africa’s case is “valid”.
You can follow the latest updates and reaction on our liveblog below.
Updates by Hayley Halpin (now) and Diarmuid Pepper (earlier)
Israel’s national airline, El Al, today said it will scrap direct flights to South Africa following “a significant fall in demand by Israeli travellers” to the country and other destinations.
“From the end of March 2024, El Al will suspend its operations on the Johannesburg-Tel Aviv route,” an El Al statement said.
The announcement comes hours before the ICJ is set to issue an initial ruling on South Africa’s case against Israel over alleged genocidal acts in Gaza.
The final El Al flight from Tel Aviv to Johannesburg is set to depart on March 27, according to the airline’s website.
The case brought by South Africa in the top United Nations court has signficantly strained relations with Israel, which denies accusations its military campaign in Gaza amounts to genocide against Palestinians.
In it’s midday ruling, the ICJ could order Israel to stop its ground offensive and bombardment of Gaza, or permit more humanitarian aid to enter the territory.
South Africa has asked the ICJ to impose nine orders on Israel, including to immediately suspend military activity and to enable more humanitarian access to Gaza.
The court could order all nine of the orders, none of them, or even make up its own completely different orders.
Israel argued during the hearings that a ceasefire was unrealistic as the court could only order that on one party, since Hamas is not part of the proceedings.
However, Hamas said on the eve of the ruling that it would abide by a ceasefire order if Israel did the same.
Speaking to The Journal, Michael Becker, Assistant Professor of International Human Rights Law at Trinity College Dublin, said: “Whenever these rulings come out, the thing is to go back and see what exactly did the party requesting the measures ask for?
“And what did they (the Court) do? Because they’re not limited to agreeing or disagreeing with what was requested. They can create their own.”
Israel Prime Minister Benjamin Netanyahu has already hinted he does not feel bound by the court.
But regardless of Israel’s reaction, the ruling will have important “ripple effects”, said Juliette McIntyre, a lecturer in international law at the University of South Australia.
If the court rules there is a “risk” of genocide, McIntyre said that “makes it much harder for other states to continue to support Israel… states may withdraw military or other support”.
ICJ rulings are binding but it has little way of enforcing them and some states ignore them completely.
Russia was ordered by the ICJ to stop its invasion of Ukraine, for example.
In its filing, South Africa said it is “acutely aware” of the “particular weight of responsibility” in accusing Israel, of all countries, of breaking the Genocide Convention.
But it also says that no attack can justify alleged breaches of the convention and that Israel has “its own obligation” as a signatory to prevent genocide.
South Africa has long been a vocal supporter of the Palestinian cause, with the governing African National Congress (ANC) often linking it to its own struggle against apartheid.
South Africa and Israel have in the past cut off diplomatic ties over the issue.
Our reporter David MacRedmond spoke to Michael Becker, Assistant Professor of International Human Rights Law at Trinity College Dublin, ahead of today’s ruling.
In a further post on X, formerly Twitter, Becker notes that it is “essential to keep in mind that the Court operates within the confines of its own jurisdiction and the limits of international law”.
“It is not a political pawn operating at the behest of powerful states,” he adds.
The #ICJ will issue its decision on #SouthAfrica’s request for provisional measures against #Israel starting at 1 pm today in The Hague. If you are watching the live feed at UN Web TV (https://t.co/VezyHicTPY), here are some key points to look out for. 🧵
— Mike Becker (@mabecker17) January 26, 2024
The judges have taken their seats and are now delivering their interim ruling.
Presiding Jodge Joan Donoghue is speaking now.
She has said the court is “acuately aware of the extent of the human tradegy” unfolding in Gaza.
“The court considers that the parties appear to hold clearly opposite views as to whether certain acts or omissions allegedly committed by Israel or Gaza amounted violations by the latter of its obligations under the Genocide Convention,” Judge Donoghue said.
“The court finds that the aforementioned elements are sufficient at this stage, to establish prima facia, the existence of a dispute between the parties, relating to the interpretation, application or fulfillment of the Genocide Convention.”
Judge Donoghue has said the Palestinians appear to be a protected group under the convention.
Judge Donoghue highlighted that during the ongoing conflict, senior United Nations officials have “repeatedly called attention to the risk of further deterioration of conditions in the Gaza Strip”.
She said the court takes note, for instance, of the letter dated 6 December 2023, whereby the Secretary General of the United Nations brought the following information to the attention of the Security Council: “I quote, ‘the health care system in Gaza is collapsing. Nowhere is safe in Gaza, Amid constant bombardment by the Israel Defense Forces, and without shelter or the essentials to survive, I expect public order to break down soon due to the desperate conditions rendering even limited humanitarian assistance impossible and an even worse situation could unfold, including epidemic diseases and increase pressure for mass displacement into neighboring countries’.”
The court has ruled 15-2 that Israel shall “take all measures within its power” to prevent the commission of all acts “within the scope of Article Two of the [Genocide] Convention”.
This includes, “A, killing members of the group, B, causing serious bodily or mental harm to members of the group, C, deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part, D, imposing measures, intended to prevent birth within the group”.
The court has also ruled that Israel must take “immediate and effective” measures to ensure the providing of “urgently needed basic services and humanitarian assistance” to Gaza.
The court has also ruled that Israel must take all measures within its power to prevent and punish direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
It should be noted that the ICJ has today stopped short of calling for a ceasefire within Gaza.
Here’s a quick catch up…
Today’s decision is only an interim one; it could take years for the full case brought by South Africa to be considered.
While the case winds its way through the court, South Africa had asked the judges “as a matter of extreme urgency” to impose provisional measures.
Top of the South African list was a request for the court to order Israel to “immediately suspend its military operations in and against Gaza”.
But the court stopped short of calling for a ceasefire.
South Africa also asked for Israel to take “reasonable measures” to prevent genocide and allow access for desperately needed aid.
The court said Israel must do everything to “prevent the commission of all acts within the scope” of the Genocide Convention.
It also said Israel must take “all measures within its power to prevent and punish the direct and public incitement to commit genocide”.
Israel also 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,” the ICJ ruled.
The court ruled that Israel must try to limit death and damage.
South Africa has hailed the ruling by the court.
“Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people,” the foreign ministry said.
If you wish to, you can catch up on today’s proceedings here:
The International Court of Justice (ICJ) delivers its Order in the case South Africa v. Israelhttps://t.co/pfQNjw5WLE
— Cyril Ramaphosa 🇿🇦 (@CyrilRamaphosa) January 26, 2024
Prime Minister Benjamin Netanyahu's comments on the decision of the International Court of Justice in The Hague:
— Prime Minister of Israel (@IsraeliPM) January 26, 2024
"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people. pic.twitter.com/Zz0V76Otg6
Israeli President Benjamin Netanyahu has reacted to today’s rulings.
In a statement posted on X, formerly Twitter, he said Israel’s “commitment to international law is unwavering”.
“Equally unwavering is our sacred commitment to continue to defend our country and defend our people,” Netenyahu said.
“Like every country, Israel has an inherent right to defend itself. The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected,” the Israeli president said.
He said that the” charge of genocide leveled against Israel is not only false, it’s outrageous”, add that “decent people everywhere should reject it”.
Netanyahu said Israel will “continue to defend itself against Hamas, a genocidal terror organisation”.
“Our war is against Hamas terrorists, not against Palestinian civilians. We will continue to facilitate humanitarian assistance, and to do our utmost to keep civilians out of harm’s way, even as Hamas uses civilians as human shields,” he said.
The possibility of the Israeli government complying with the ICJ’s orders remains unlikely.
While the ICJ may be the UN’s highest court, compliance with preliminary injunctions – known as provisional measures – is not always a given.
While there are cases in which countries have obeyed provisional measure orders from the Court, there are perhaps just as many instances in which those orders were ignored, such as in the case of Ukraine vs Russia.
Labour has this afternoon called on Ireland to support the genocide case against Israel.
“As the ICJ takes this monumental step in addressing the allegations of genocide, Ireland has a vital role to play in ensuring that Israel fully complies with the interim measures outlined by the court,” Labour’s foreign affairs spokesperson Brendan Howlin said in a statement.
“The urgency of the matter cannot be overstated, and Ireland should join with South Africa in pushing for a thorough and just resolution to the substantive case,” Howlin said.
“Now, more than ever, international solidarity and commitment to human rights are paramount in paving the way for a better future for the people of Gaza.”
Ireland has a vital role to play in ensuring that Israel complies with the measures outlined by the ICJ.
— The Labour Party (@labour) January 26, 2024
More than ever, international solidarity and commitment to human rights are paramount in paving the way for a better future for the people of Gaza.https://t.co/xrla4eKELF pic.twitter.com/3LG6IVarv3
Includes reporting by Press Association
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