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Times Of Israel
Times Of Israel
26 Jan 2024


NextImg:EU urges implementation of ICJ ruling; S. Africa, Hamas, Turkey welcome decision

The European Union said Friday it wanted “immediate” implementation of a United Nations court ruling that Israel must prevent genocidal acts in Gaza.

“Orders of the International Court of Justice are binding on the parties and they must comply with them. The European Union expects their full, immediate and effective implementation,” the European Union said.

Governments supportive of the Palestinian cause around the world hailed Friday’s decision by the ICJ to proceed with a case accusing Israel of genocide in Gaza, even as The Hague panel stopped short of ordering an immediate ceasefire as many of those parties had hoped.

South Africa, which brought the case against Israel, hailed the decision, calling it a “decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.

“Third States are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza,” South Africa’s foreign ministry said in a statement.

“This necessarily imposes an obligation on all States to cease funding and facilitating Israel’s military actions, which are plausibly genocidal.”

South Africa hopes Israel will comply with Friday’s World Court order that Israel must take steps to prevent acts of genocide as it wages war against Hamas in the Gaza Strip, Justice Minister Ronald Lamola said in an interview.

Lamola also told Reuters on the sidelines of a gathering of the governing African National Congress (ANC) party that South Africa’s liberation hero Nelson Mandela would be smiling in his grave at Friday’s ICJ judgment.

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The ANC’s National Executive Committee suspended a meeting to watch a broadcast from the court, and live footage from the event showed senior party and government figures celebrating.

South African President Cyril Ramaphosa and the ruling council of the ANC Congress party erupted in cheers, singing and dancing after judges read the order. Ramaphosa was due to make a speech on the ruling later Friday.

The Palestinian Authority said the ruling by the UN’s top court shows “no state is above the law.”

“The ICJ order is an important reminder that no state is above the law,” Palestinian Authority Foreign Minister Riyad al-Maliki said in a video statement, adding that the ruling “should serve as a wake-up call for Israel and actors who enabled its entrenched impunity.”

The Hamas terror group hailed the “important” ruling, saying it “contributes to isolating Israel.”

“The (International) Court of Justice’s decision is an important development which contributes to isolating Israel and exposing its crimes in Gaza,” the Gaza-ruling terror organization said in a statement.

South African, left, and Israel’s delegation, right, stand during a session at the International Court of Justice in The Hague, Netherlands, Friday, Jan. 26, 2024. (AP Photo/Patrick Post)

Senior Hamas official Sami Abu Zuhri said the decision was an important development that contributes to exposing Israel’s crimes in Gaza,

“We call for forcing the occupation to implement the court’s decisions,” he added.

Iran’s foreign minister called for Israeli authorities to face justice.

“Today, the authorities of the fake Israeli regime… must be brought to justice immediately for committing genocide and unprecedented war crimes against the Palestinians,” Foreign Minister Hossein Amir-Abdollahian tweeted.

Turkish President Recep Tayyip Erdogan welcomed the ruling, saying he hoped it would halt attacks against civilians.

“We hope that Israel’s attacks against women, children and the elderly will come to an end,” Erdogan said in a social media statement, calling the ruling “valuable.”

Spain, one of the most critical voices in Europe of Israel’s offensive against Hamas, welcomed the decision as well.

Turkey’s President Recep Tayyip Erdogan attends a joint press conference with his Iranian counterpart jn Ankara, Turkey on January 24, 2024. (Adem Altan/AFP)

“We will continue to advocate for peace and an end to war, the release of hostages, access to humanitarian aid and the establishment of a Palestinian state alongside Israel, so that both nations coexist in peace and security,” Prime Minister Pedro Sanchez tweeted.

Human rights lawyer Reed Brody told Reuters, “The ICJ didn’t give South Africa all it wanted, but this ruling is a resounding vindication of Pretoria’s decision to bring the case, and a powerful indictment of Israeli policy.

“Most importantly, whatever the Israeli government may say, this binding order will put pressure on Israel, directly and through its allies, to end the collective punishment of the people of Gaza and to allow humanitarian aid,” he added.

In its highly anticipated ruling, the ICJ ruled that at least some of Israel’s actions in the Gaza Strip during the current war against Hamas appear capable of falling within the terms of the Genocide Convention and that it must therefore take a series of measures to prevent such acts, as well as prevent and punish incitement to genocide in Israel.

The ICJ did not, however, order Israel to call for an immediate unilateral ceasefire, which would have indicated that the court believes genocide is actively taking place.

Palestinians displaced by the Israeli offensive in the Gaza Strip sit next to the border fence with Egypt in Rafah, Wednesday, Jan. 24, 2024. (AP Photo/Hatem Ali)

Crucially, the court did not use the word “desist” in its decision which would have also indicated that it believed genocide was actively taking place, and the order repeated on several occasions that the decision was not a determination on the merits of South Africa’s allegations of genocide.

Although this will take the sting out of the orders against Israel, the court’s acceptance that there is plausibility to some of South Africa’s claims may cause severe diplomatic damage to Israel.

Prime Minister Benjamin Netanyahu asserted that the court’s decision not to grant the order for Israel to declare an immediate ceasefire meant that it had rejected South Africa’s claim that it has no right to self-defense against the October 7 atrocities committed by Hamas which sparked the current war.

Along with the order to take all measures to prevent genocide against the Palestinians, the ICJ ordered Israel to ensure that the IDF does not carry out acts of genocide (15 votes to 2); that the state prevent and punish incitement to genocide against Palestinians (16 to 1); take urgent measures to alleviate the “adverse” humanitarian situation in Gaza 16 to 1; prevent the destruction of evidence related to allegations of acts genocide (15 to 2); and report back to the court in one month on the issues laid out in the order (15 to 2).

Crucially, the court decided that the numerous and highly inflammatory comments of some senior Israeli officials that could be interpreted as an endorsement of deliberately harming civilians gave plausibility to South Africa’s allegations that Israel has genocidal intent against Palestinians in Gaza during the current conflict.

Judge Aharon Barak, the ad hoc judge appointed by Israel to the ICJ bench, voted against the order that Israel must take steps to prevent genocide, but voted in favor of the order that Israel must take steps against incitement to genocide and to provide aid to Gaza to alleviate the severe humanitarian conditions in the coastal enclave.

Jeremy Sharon contributed to this report.