All eyes were on The Hague, Netherlands, on Friday, where the International Court of Justice delivered a long-awaited ruling after Israel was accused of committing genocide in Gaza. The president of the highest international court, American judge Joan Donoghue, read the decision and ordered Israel to comply with a series of precautionary measures aimed at avoiding further suffering for Gazans and preventing any acts that could eventually lead to a conviction of genocide. This historic judgment is a rare foray by a court into the heart of an ongoing armed conflict, which has divided citizens around the world.
What was commanded of Israel?
The court ordered six interim measures to protect Palestinians in Gaza. Basically, Israel was required to “take all measures in its power” to prevent any act prohibited by the Convention on the Prevention and Punishment of the Crime of Genocide, notably the murder of members of a group (here, the Palestinians of Gaza), serious attacks on their physical and mental integrity, and the imposition of living conditions likely to lead to its annihilation. Israel must also ensure, “with immediate effect”, that its army does not commit any of these prohibited acts.
In addition, the Jewish state must allow the required humanitarian aid into the Gaza Strip to relieve the Palestinians. Then, the Court tells Israel that it must “prevent and punish” incitement to commit genocide, and preserve all evidence relating to the allegations of genocide brought against it.
Is this the equivalent of a ceasefire order?
No, replies Marie Lamensch, project coordinator at the Montreal Institute for the Study of Genocide and Human Rights at Concordia University. The Court had the power to order it — it was asked to order Israel to immediately suspend its military operations in Gaza — but did not do so. Instead, it chose to prohibit Israel from committing certain acts, such as not killing or harming the residents of the Gaza Strip. Which does not mean that the Jewish state is prevented from continuing any military operation, she explains, but it must take many more measures to protect civilians, not target them, and allow humanitarian aid to enter. in the tiny coastal enclave. “The Court could have gone much further. » She did so in 2022, by ordering Russia to stop its invasion of Ukraine.
Is Israel committing genocide according to the Court?
The highest court of the UN did not have to decide this question for the moment.
“Such a conclusion could only be formulated by the Court at the stage of examining the merits of the present case,” it is written in the judgment. In other words, the Court will rule later, after a trial during which all the evidence will be presented.
The Court, however, ruled that it is “plausible” — the burden of proof that had to be met here to order protective measures — that certain rights of Palestinians in Gaza are not currently respected, including that of “being protected against acts of genocide.
According to Mme Lamensch said Friday’s ruling means the court “sees signs” of genocide on the ground, which is also reflected in its order for Israel to withhold any evidence that could possibly support such a conclusion.
What is a precautionary measure?
It is in a way an injunction which aims to safeguard rights, pending a judgment on the merits of the case. A full trial will take place, but years may pass before such a judgment is rendered.
In the meantime, the Court has the power to order provisional measures when there is a “real and imminent” risk that irreparable harm will be caused to a group if nothing is done.
The Court ruled on Friday that the damage could be irreparable. She considers that “the civilian population of the Gaza Strip remains extremely vulnerable”. The UN court recalls that the military operation led by Israel after October 7, 2023 has so far left tens of thousands dead and injured and caused the destruction of homes, schools, medical facilities and buildings. other vital infrastructure, as well as massive population displacements.
The court judges note that this armed offensive is “still ongoing” and that Israel’s prime minister announced in mid-January that the war “will last[it] many more months.” Even today, many Palestinians in the Gaza Strip “do not have access to basic foodstuffs, drinking water, electricity, essential medicines or heating”, we can read in decision.
In it, the Court describes this humanitarian situation as “catastrophic” and notes that it is likely to deteriorate further before it renders its final judgment. In short, she believes there is indeed an urgent need to act.
Is Israel obligated to comply with the judgment?
The Court recalled that its orders are “obligatory” and that the Member States of the Convention must comply with them. The decisions of the Court are final. However, she has no way of enforcing them. When she ordered Russia two years ago to suspend its invasion of Ukraine, Moscow completely ignored her.
As for the Prime Minister of Israel, Benjamin Netanyahu, he has already indicated that he would not feel obliged to follow a court order.
The Court’s judgment is important, even if the Court has no means of forcing compliance with it, believes Ms.me Lamensch. It can also be used by states that want to put pressure on Israel to stop its murderous military offensive.
Asking the UN Security Council to intervene and authorize the use of force is “possible in theory”, but unlikely, particularly considering that the United States, an almost unwavering ally of Israel, have a right of veto, recalls Mme Lamensch.