MEZIESBLOG

The International Court of Justice is starting to hand down its ruling on the emergency measures requested by South Africa in its genocide case against Israel. 

The president of the ICJ Judge Joan Donoghue is speaking first, saying the court is “acutely aware of the extent of the human tragedy” unfolding in Gaza. 

She explains what South Africa is seeking to achieve in its case against Israel and the requirements of the court. 

Put simply, South Africa is accusing Israel of committing genocide in Gaza and wants interim measures to be approved to halt fighting while the court hears its case – which could take years. 

Israel has denied the allegations, saying it is following international law and defending itself against Hamas. 

One judge not present

Judge Robinson, who participated in the deliberation of the case and the final vote, is not present.

“He is for reasons made known to me, unable to take his seat on the bench today,” says another judge.

ICJ dismisses Israel’s request for case to be thrown out

The ICJ has dismissed Israel’s request for South Africa’s case to be thrown out, judge Joan Donoghue says. 

“The court considers that it cannot accede to Israel’s request that the case be removed from the general list,” she says. 

Israel has denied committing genocide, calling the allegations “spurious and specious charges”. 

Palestinians ‘a protected group’ according to genocide convention

As she provides the court’s reasoning ahead of the announcement, Judge Joan Donoghue says the Palestinians as a people meet the necessary criteria to be considered under the terms of the genocide convention.

“The Palestinians appear to constitute a distinct national, ethnical, racial or religious group, and hence a protected group, in the meaning of Article 2 of the genocide convention,” she says.

Judge quotes israeli minister threatening civilians over water and power

Judge Joan Donoghue quotes Israel Katz from October, then minister of infrastructure for Israel, as stating on X: “We will fight the terrorist organisation Hamas and destroy it.

“All the civilian population in Gaza is ordered to leave immediately. We will win. They will not receive a drop of water or a single battery until they leave.”

She goes on to cite a UN committee on racial discrimination as “highly concerned about the sharp increase in racist hate speech and dehumanisation directed at Palestinians since 7 October.”

Judge mentions Israel’s defence minister’s ‘human animals’ quote

Part of South Africa’s evidence has been examples of inflammatory language used by Israeli officials that it says show the country’s intent to commit genocide (see 9.46 post). 

ICJ President Judge Joan Donoghue lists some examples, including a quote by Israel’s defence minister, Yoav Gallant. 

She cites him as having announced a “complete siege” of Gaza and saying Israel was fighting “human animals. 

South Africa’s case for rights of Palestinians for protection from genocide are plausible, judge says

After detailing a series of quotes from senior Israeli politicians and UN officials, Judge Joan Donoghue says: “The aforementioned facts and circumstances are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible.

“This is the case with respect to the right of Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article three and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the convention.”

Judge notes ‘extremely vulnerable’ situation in Gaza

ICJ President Judge Joan Donoghue now turns to the humanitarian situation in Gaza, saying the region is “extremely vulnerable”. 

She warns “catastrophic” situation is at “serious risk” of deteriorating before the court has issued its final judgment on the case. 

While she accepts Israel has said it has “taken certain steps” to alleviate the conditions for civilians, she adds that a “call for intentional harm to civilians may amount to a criminal offence”. 

She says several such cases are currently being examined by Israeli authorities. 

Necessary for court to ‘indicate certain measures’

ICJ President Judge Joan Donoghue says the court feels it is necessary for it to “indicate certain measures” in order to protect the rights claimed by South Africa. 

She says the court has found claims made by South Africa are “plausible”. 

However, she says the measures implemented by the court do not need to be “identical” to those requested by South Africa.