Perhaps the consolation for all Palestinians and their friends is that the International Court of Justice has found that Israel must be prevented from genocide. However, the ICJ did not accept the plea of South Africa, which was prosecuting the case, that there be an immediate ceasefire in Gaza, which must have been a source of strength for Israel and its supporters. It has as its most practical implication that the killing in Gaza may go on. The decision seems tailored to provide a sop to the consciences of those in the West protesting against the almost mechanical bloodshed, while allowing Israel to continue their slaughter. Israel has been asked by the court to give it a compliance report after a month, and did not decide on the genocide allegations, which could take months. The ICJ, it must be remembered, has no means of enforcing its decisions.
The ICJ has acknowledged that the Israeli action was causing grievous humanitarian harm. It has not just to prevent its troops from committing genocide, but also to punish acts of incitement and take steps to improve the humanitarian situation. Israel’s reaction, expressed by its Prime Minister, Mr Benjamin Netanyahu, was that it had turned down the ‘outrageous’ demand that Israel ‘deprive itself of the right to defend itself’. This is even though the Hamas fighters who had entered Israel are accused of killing 1200 Israelis and kidnapping 240, while over 26,000 Palestinians have been slaughtered in Gaza by Israel.
South Africa has expressed satisfaction at the decision, saying that it represented a ‘decisive victory’ in the international rule of law. Its Justice Minister, as well as Hamas and Pakistan, have expressed hope that the decision will be implemented. Their unintended irony was shown by Israel’s on-ground response: to continue its biggest offensive so far in the conflict which started on October 7 last year, in the midst of hundreds of thousands of civilians, including poignantly those who had fled their homes in the face of the initial Israeli assault on Gaza City, from three months ago.
