MercoPress. South Atlantic News Agency

ICJ ruling on Gaza prompts mixed reactions

South African President Ramaphosa dubbed Friday's ruling a “victory for international law, for human rights, and, above all, for justice”

The International Court of Justice (ICJ) Friday ordered Israel by 15 votes to 2 to take all necessary measures to avoid genocide in Gaza. But, while failing to declare that such a calamity already existed in the war-torn Middle East region as those filing the case earlier this month presumably expected, it also stopped short of mandating a ceasefire.

From its headquarters in The Hague, the ICJ demanded Israel “take all measures within its power to prevent the commission of genocide” and adopt “immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance.”

The ICJ decisions are binding, although the court lacks the tools to enforce them. In 2022, the ICJ ordered Russia to immediately suspend its invasion of Ukraine.

South Africa accused Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide and other countries eventually joined Pretoria, whose stance stems from before apartheid was abolished in 1994.

In 1974, Palestinian Liberation Organization (PLO) leader Yasser Arafat denounced the apartheid regime before the United Nations General Assembly as sternly as he criticized Israel. Two years later, then African National Congress (ANC) chairman Oliver Tambo applauded Arafat’s words and expressed his “unswerving solidarity” with the Palestinians. The ANC is the party of current President Cyril Ramaphosa, who dubbed Friday's ruling a “victory for international law, for human rights, and, above all, for justice.”

After admitting the ICJ had jurisdiction, presiding judge Joan E Donoghue said she was “deeply troubled” by the high number of deaths in Gaza. She also ruled that Israel must produce in the next 30 a report on “all measures taken ... to prevent and punish direct and public incitement to commit genocide.” Donoghue also warned that many children in Gaza might never recover from the trauma and injuries inflicted upon them.

In the West Bank, Palestinian National Authority Foreign Minister Riyad al-Maliki said Palestine welcomed the ICJ's interim measures “in favor of humanity and international law,” while in Gaza, Hamas Spokesman Sami Abu Zuhri pointed out that “the decision of the International Court of Justice is an important development that contributes to isolating the occupation and exposing its crimes in Gaza.” He also called for steps toward “forcing” Israel to comply with these measures.

According to Israeli Prime Minister Benjamin Netanyahu, a genocide accusation was “outrageous.” He also insisted that “like every country, Israel has the basic right to self-defense” while adding that the ICJ had turned down South Africa's request “to deprive us of this right.”

“We will continue to do whatever it takes to defend our country and defend our people,” Netanyahu went on.

Israeli Defense Minister Yoav Gallant claimed the ICJ “granted South Africa’s antisemitic request to discuss the claim of genocide in Gaza, and now refuses to reject the petition outright.”

After debating South Africa's claim for about two weeks, the ICJ cited multiple reports from United Nations (UN) officials and urged Israel to allow humanitarian assistance teams into the territory.

‘’South Africa’s baseless accusations, and its attempt to empty the word genocide of its unique force and special meaning, have been widely denounced by numerous States known for their commitment to the rule of law. Israel is confident that the Court will likewise reject these unfounded claims at the merits phase of proceedings,’’ read a statement issued by Israel’s Foreign Ministry after the ICJ's decision.

The statement further noted that ‘’on the eve of Jan. 27, International Holocaust Remembrance Day, Israel calls on all those genuinely committed to the solemn promise of “never again” enshrined in the Genocide Convention, to reject the unconscionable efforts to distort the truth in support of a genocidal terrorist organization.’’

In a joint statement, the European Commission and the EU High Representative for Foreign Affairs, Josep Borrell, a “full, immediate, and effective” enactment of the ruling from “the main judicial body” of the United Nations.