The International Court of Justice (ICJ), often referred to as the World Court, is set to conduct hearings this week regarding a case initiated by South Africa. South Africa alleges that Israel has committed genocide during the Gaza war and seeks an urgent suspension of Israel’s military campaign.
The ICJ, established in 1945 to handle disputes between states, is the highest legal body within the United Nations. It is distinct from the International Criminal Court in The Hague, which deals with individual war crimes cases. The ICJ’s 15-judge panel, expanded by an additional judge from each side in the Israel case, typically handles border disputes and cases involving states accusing others of violating UN treaty obligations.
Both South Africa and Israel are signatories to the 1948 Genocide Convention, giving the ICJ jurisdiction to adjudicate disputes related to the treaty. The Genocide Convention obliges signatory states not only to refrain from committing genocide but also to prevent and punish it.
South Africa’s 84-page filing argues that Israel, by causing harm to Palestinians in Gaza and creating life conditions aimed at their physical destruction, is engaging in genocide. The filing contends that Israel has failed to prevent genocide and has violated the Genocide Convention by not curbing incitement to genocide by its officials.
Israel has dismissed the claim as baseless, labeling it an “absurd blood libel” intended to stir up hatred against Jews. Israel plans to present its case in court in the coming week.
The hearings, scheduled for January 11 and 12, will address the request for emergency measures, an initial step in a case that is expected to take several years. Emergency measures act as a restraining order to prevent the dispute from worsening while the court examines the full case. If the court finds prima facie jurisdiction, the case will progress, potentially leading to a final ruling that could impact Israel’s international reputation and set legal precedent. The ICJ’s rulings are conclusive and cannot be appealed, but the court lacks enforcement mechanisms. The process from the initial claim to a final ruling often spans several years, involving public hearings and potential objections before reaching a resolution on the case’s merits.
