Summary of Recent ICJ Rulings Against Israel | News

Seeking Refuge

Today, Shireen shares with us the recent court ruling from the case brought to the International Court of Justice by South Africa against Israel.

Script:

Hello everyone, and welcome back to another episode of Seeking Refuge News. I’m Shireen Kaur, and today we will be discussing the recent court ruling from the International Court of Justice, or the ICJ, regarding the genocidal actions committed by Israel in Palestine. For context, South Africa brought Israel to the ICJ on December 29th, 2023, accusing Israel of intending to commit a genocide against the people of Palestine. In this 84 page document, it was argued that Israel’s action in Gaza intended to destroy “a substantial part of the Palestinian national, racial, and ethnic group.” This is a direct violation of the 1948 Genocide Convention, says foreignpolicy.com. One of South Africa’s lawyers, Tembeka Ngcukaitobi, stated, “The intent to destroy Gaza has been nurtured at the highest level of state.” Within this filing, South Africa lists eight actions against Palestinians in Gaza that are genocidal in nature. (Foreignpolicy.com) (1) Killing Palestinians, including children, in large numbers, (2) Causing serious bodily and mental harm to Palestinians, including children, and inflicting on them conditions of life intended to bring about their destruction as a group, (3) Causing mass displacement and expulsion of Palestinians from their homes, alongside the large-scale destruction of homes and residential areas, (4) Depriving Palestinians of access to adequate food and water, (5) Depriving Palestinians of access to adequate medical care, (6) Depriving Palestinians of access to adequate shelter, clothes, hygiene, and sanitation, (7) Causing destruction of life for the Palestinian people, (8) Imposing measures intended to prevent Palestinian births. Israeli President Isaac Herzog condemned South Africa’s allegations on Tuesday, calling them “atrocious and preposterous. Israel is expected to argue this on Friday. The Israeli Foreign Ministry has already written, “Israel is at war with Hamas, not with the people of Gaza…it is committed to conducting its operations in accordance with international law … and wishes no harm to Palestinian civilians anywhere.” On January 26th, however, the ICJ has found it is "plausible" that Israel has committed acts that violate the Genocide Convention and that they must ensure “with immediate effect” that Israeli forces do not commit any of these acts, according to NPR. Additionally, the court voted 15-2 that Israel must take all measures to stop anything in relation to genocide in Gaza, and voted 16-1 that Israel must prevent and punish those involved with inciting genocide against Palestinians in the Gaza strip. (NPR) Another 16-1 vote ensured the provision of “urgently needed humanitarian aid and basic services.” Israel has now received 30 days to report back on the measures that they have been told to move forward taking. Benjamin Netanyahu does not find this ruling appealing, saying, “LIke every country, Israel has an inherent right to defend itself.” He goes on to reject the ruling, “The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected... We will continue to do what is necessary to defend our country and defend our people." Considering this is the second time a state has ever tried to litigate the charge of genocide to another state (the first time against, Myanmar, who promptly ignored the ruling), there are many uncertainties to how this ruling will be enforced, or if it will be at all. Considering that the United States is Israel’s closest ally, they would likely veto any attempt to impose sanctions at the U.N. Security Council. This, however, could come at the cost of international goodwill and possibly economic sanctions from individual states, according to NBC news. The United States has repeatedly reiterated its stance that the accusations against Israel are unfounded. Washington’s own calls for the minimization of civilian harm and increasing humanitarian assistance are consistent with Friday’s ruling. NBC further states, “The U.S. recognizes that the court plays a vital role in the peaceful settlement of disputes,” and a State Department spokesperson said, “we will continue to monitor this proceeding as it moves forward.” Of course, the U.S. government’s history of support for Israel makes any intervention or “peaceful settlements” unlikely. Here in the U.S., there are groups combating the governments role in Israel genocide. TIME stated on January 25th that a federal court case has been filed against President Biden and two U.S. cabinet officials for “allegedly being complicit in Israel’s genocide against Gazans.” This was filed by Palestinian human rights groups and the nonprofit Center for Constitutional Rights. TIME said, “Defense for Children International-Palestine v. Biden seeks to stop the U.S. from supporting Israel, which plaintiffs say has cost them the lives of family members, and will be heard in Oakland California. Our Seeking Refuge news team will work to keep our listeners updated on these trials as they progress. Thank you so much for listening and we will see you next time on Seeking Refuge News.

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Our Team: Anusha Ghosh (Researcher) Claire Mattes (Script Writer/Editor/Publisher) Shireen Kaur (Host) Victoria Halsey Diana Clark Saanvi Somani Emily Jensen Yatin Nerella Thrisha Mote Rohit Swain Jazmine Rathi Liam Ogden Kat Wyandt