Live Updates from South Africa ICJ’s Trial on Israel.
Overview:
ICJ has jurisdiction over the case of genocide against Israel
Palestinians are a protected group under the Genocide Convention
Emergency orders: Israel must take effective measures to prevent the crime of genocide, punish public incitement of genocide against Palestinians, shall take immediate measures to allow humanitarian aid into Gaza, must protect evidence of all such claims of genocide, and lastly, report all measures taken to the court within one month.
12:00 GMT - The Hague
Sixteen judges are present, ICJ President and Judge Joan Donoghue begins the hearing referencing October 7th and Hamas, then continues on to describe Israel’s military response in Gaza including that of mass civilian casualties, damage to infrastructure, and mass displacement for over 2 million Palestinians.
12:17 GMT
Judge Donoghue states the ICJ will not throw out the case of genocide against Israel, states that the ICJ does have jurisdiction.
12:20 GMT
Judge Donoghue says Palestinians fall under a protected group under the Genocide Convention.
12:27 GMT
The court lists examples of Israeli military operations that have resulted in mass deaths and injuries. Judge Donoghue mentions again the forced displacement of millions and damage to infrastructure.
12:39 GMT
Judge Donoghue states Israel must abide by the Genocide Convention and has a responsibility to implement provisions to follow such protections.
12:41 GMT
Court orders that all parties operating in Gaza must abide by international humanitarian law and states all hostages must be released.
12:42 GMT - Rulings
15 votes to 2: Israel must take all measures in its power to prevent any acts that go against the Genocide convention.
16 votes to 1: Israel shall take all measures in power to prevent and punish all public incitement of genocide against Palestinians in Gaza.
16 votes to 1: Israel shall take immediate and effective measures to ensure humanitarian assistance in Gaza.
15 votes to 2: Israel must take measures to protect all evidence in which would show acts of genocide.
15 votes to 2: Israel must report to the court all measures taken in response to these orders, and must submit to the ICJ within one month of this trial.
12:54 GMT - Rafah, Gaza
Palestinian reporter Hani Mahmoud reports frustration and disappointment in Gaza that there were no calls for a ceasefire.
1:03 GMT - Ramallah, West Bank
Al Jazeera reporter Charles Stratford states there is a great sense of “generational distrust,” and “desperation and fatalism,” in the occupied West Bank after the court rulings. He speaks to members of the Ramallah Council where the same sentiment is shared.
~ 1:10 GMT - The Hague
South African Foreign Minister Naledi Pandor speaks after the conclusion of the trial.
She begins by thanking the judges for quickly dealing with this trial and by addressing the “massive level of harm” committed by Israel. She states that although a ceasefire was not mentioned, this case was also about states ensuring the ICJ’s responsibility to protect all global citizens. She hopes the moment is now right for new negotiations to begin again, and believes the order should include a ceasefire, but is not disappointed in the provisional measures of humanitarian aid and other orders given, such as the one-month report. She states she has never been hopeful for Israel but hopes its allies, such as the United States and United Kingdom will advise them to follow these emergency orders, says that member states of the United Nations must uphold these rulings.
Quotes from Palestinian Journalists Inside Gaza:
Bisan Ouda, from her Instagram: “ICJ is a lie. There is no justice in the world!”
Hind Khoudary, from her Instagram, “Congratulations to the ICJ and the world. You have failed Palestinians once again.”
International Responses:
Will be updated when states release official responses to ICJ and emergency orders.
Conclusion/Opinion:
ICJ mentioned in its ruling that it is possible more death and destruction will occur in the coming days even after such ruling. While this could in some ways be considered a win for South Africa, it certainly is not for Gaza or the Palestinian people. While the world cries and demands a ceasefire, the word was not even muttered in the courtroom. Despite such emergency orders from the ICJ to Israel, it is likely much will remain unchanged on the ground. What disappointed, but not shocked, the most, was the constant suggestion of orders instead of enforcement. It seemed the court kept repeated that Israel “should” follow such orders, but there was no strength behind such words, and no enforcement to follow if Israel decides to ignore the orders. Furthermore, as such in the Genocide Convention, all states when made aware of such claims must do everything in their power to stop such violence. This means that if Israel is found to have committed genocide from the court at any later date, all those who have supported them, such as the United States, would also be liable.
Another shortcoming of the ICJ is its complete ignorance and avoidance of violence against Palestinians from before October 7th. To act as if this all is happening in a vacuum, or as if this all began on October 7th, is negligent. The word “occupation,” was not mention, nor was “Nakba,” there were many pieces of the story left untold. The hearing itself lasted around an hour, certainly not enough time to highlight all the atrocities that have occurred, or the history that can help explain the circumstances. Where is the ICJ’s backbone? Why the passive and avoidant language instead of condemnation of the acts that have been proven and shown to the courts?
Overall, while this case will encourage the conversation to continue, and international monitoring of the conflict. It doesn’t do enough to advocate for a ceasefire, nor does it call a spade a spade, or a genocide a genocide. We need to keep the pressure on the international community: boycott, protest, post, do anything and everything in our power to continue condemning the genocide of Palestinians from Israeli forces and government. However, we must admit this has been a historic moment and hopefully a turning point. Furthermore, we in the West, must remain hopeful for our Palestinian human brothers and sisters who do not have such luxury, we cannot give up on them and we cannot let this ruling slow down our fight for justice.
