The presiding judge of the highest court of the UN began on Friday the statement of a first decision on urgent measures demanded against Israel by South Africa which accuses it of “genocide” in Gaza, a verdict followed up close around the world.
The International Court of Justice (ICJ), which sits in The Hague (Netherlands), could theoretically order Israel to stop its military campaign, triggered by the unprecedented Hamas attack on October 7, or to facilitate the humanitarian aid.
The Court will not rule, however, on the question of whether Israel is in fact committing genocide or not. At that point, the ICJ will rule on emergency orders before considering the case on its merits, a process that can take years.
The suit was brought by South Africa, which claims Israel is violating the 1948 United Nations Genocide Convention, established in the wake of World War II and the Holocaust.
For the moment, “South Africa does not need to prove that Israel is committing genocide,” Juliette McIntyre, an international law expert at the University of South Australia, told AFP. “They simply have to establish that there is a plausible risk of genocide.”
” Upside-down world “
“Genocides are never declared in advance,” Adila Hassim, a South African lawyer, stressed during hearings earlier this month.
“But this Court has the benefit of the last 13 weeks of evidence that indisputably shows a pattern of behavior and intent that supports a plausible allegation of genocidal acts,” she added.
Ahead of Friday’s hearing, Foreign Minister Naledi Pandor said South Africa had “hope” and that the important thing was to highlight “the plight of the innocent in Palestine”.
The affair aroused strong emotions in Israel. “It’s the world turned upside down,” said Prime Minister Benjamin Netanyahu. “If there were acts that can be described as genocidal, then they were perpetrated against Israel,” Israeli lawyer Tal Becker told the ICJ.
The orders of the Court, which decides disputes between countries, are legally binding and final. However, it has no means of enforcing them. For example, she ordered Russia to suspend its invasion of Ukraine.
Mr. Netanyahu has already suggested that he would not feel obliged to follow a court order. “No one will stop us, neither The Hague, nor the Axis of Evil, nor anyone else,” he said.
Hamas pledged Thursday to respect a ceasefire if it was demanded by the ICJ, but on condition that Israel also complies with it.
“Huge” symbolic impact
But if the Court decides that there is a risk of genocide in Gaza, it could have geopolitical repercussions.
“It is much more difficult for other states to continue to support Israel in the face of a neutral third party that believes there is a risk of genocide,” McIntyre said.
“States could withdraw their military or other support for Israel in order to avoid this,” she added, further emphasizing the “enormous” symbolic impact of any decision against the Jewish state under the Convention. on the genocide, taking into account its history.
Pretoria acknowledged the “particular weight of responsibility” of accusing Israel of “genocide” but said it was required to uphold its obligations under the convention.
The war was sparked by the unprecedented Hamas attack on Israeli soil on October 7, which resulted in the deaths of more than 1,140 people, mostly civilians, according to an AFP count based on official data.
Israel vowed to “annihilate” Hamas and launched a vast military operation that killed 26,083 Palestinians, the vast majority women, children and adolescents, according to the Islamist movement’s health ministry.