LIVE BLOG: The ICJ hands down ruling on SA’s genocide case against Israel

The judges, led by President Donoghue, attended the International Court of Justice (ICJ) prior to the hearing of the genocide case against Israel, brought by South Africa. Picture: Remko De Waal/ ANP MAG / ANP via AFP

The judges, led by President Donoghue, attended the International Court of Justice (ICJ) prior to the hearing of the genocide case against Israel, brought by South Africa. Picture: Remko De Waal/ ANP MAG / ANP via AFP

Published Jan 26, 2024

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2.40pm - “Israel must take immediate, effective measures to enable the provision of urgently needed basic services and humanitarian assistance in the Gaza Strip,” said Donoghue.

The Judge continues: “The ICJ has ordered Israel to take measures to prevent and punish direct incitement of genocide in the Gaza Strip.”

ICJ orders Israel to report to it within one month. Israel was ordered to report to the court within a month on what it is doing to uphold the order to take all measures within its power to prevent acts of genocide in Gaza.

Donoghue says the ruling creates international legal obligations for Israel.

2.36pm - The ICJ says it is necessary for court to indicate certain measures.

“Israel must take all measures to prevent commission of all acts of article 2 of the convention,” said Donoghue.

2.30pm - Donoghue quotes UNRWA. The UNRWA comment described the horrors, death and destruction. The ICJ has taken note of it.

2.20pm - Donoghue quotes Israeli officials and ministers. “We have taken into consideration statements by Israeli officials regarding the removal of human status from Palestinians,” said Donoghue.

2.16pm - The ICJ refuses Israel's request to dismiss the Palestinians genocide case brought to the court by South Africa and determines that South Africa does have standing in its case against Israel. The Court finds it does have jurisdiction in the case.

2.15pm - The Presidency announced that President Cyril Ramaphosa will on Friday afternoon address the nation on the International Court of Justice order.

2.10pm - The International Court of Justice says it is 'deeply concerned about the continuing loss of life in Gaza'

2pm - Pro-Palestine demonstrations are being held in front of the International Court of Justice in The Hague.

2pm - The head of the top United Nations court, The President of the International Court of Justice Judge Donoghue, on Friday began reading the initial decision in the case against Israel over alleged genocide in Gaza, a landmark case that has sparked global interest.

GRAPHIC NEWS: Israel plans controversial Gaza buffer zone

With the aim of allowing Israeli residents to return to their homes, the IDF is establishing a buffer zone up to 1km wide within Palestinian territory, which critics have described as a “land grab”.

Lax enforcement of the 300m buffer that had existed up to October 7 - which Palestinians were allowed to farm - has been blamed in part for Hamas’ infiltration during the deadly attacks, and Israeli officials have been talking about creating a security zone from which Palestinians would be barred since the early stages of the war.

An estimated 1,100 of the 2,850 buildings believed to be within the buffer have been destroyed already as IDF engineers clear the area. However, Israel suffered the deadliest day of its ground operation on Jan 22 when 21 soldiers were killed while demolishing two buildings to clear a path for the buffer zone near Maghazi in central Gaza.

With the aim of allowing Israeli residents to return to their homes, the IDF is establishing a buffer zone up to 1km wide within Palestinian territory, which critics have described as a ‘land grab’. Picture: Graphic News

AFP: The health ministry in Hamas-run Gaza said Friday at least 26,083 people have been killed in the war between the militant group and Israel.

The latest toll includes 183 fatalities over the past 24 hours, a ministry statement said, while 64,487 people have been wounded in Gaza since the war erupted on October 7. "Many people are still under the rubble and rescuers cannot reach them," the ministry added.

IOL: The International Court of Justice (ICJ) is poised to deliver a groundbreaking verdict this Friday regarding the potential issuance of emergency measures to halt Israel's war on Gaza.

During oral observations at The Hague during the genocide hearing, South Africa alleges that Israel has violated the Genocide Convention, a claim staunchly denied by Israel, asserting that its actions in the Gaza Strip are not genocidal.

On Friday, the court is expected to rule on emergency measures to halt the ongoing war, although a decision on the genocide allegations is anticipated to be deferred, potentially requiring years for resolution.

This ruling specifically pertains to South Africa's plea for interim measures in its landmark genocide lawsuit against Israel.

In its submission to the ICJ, South Africa has put forth several provisional measures, which, if ordered, take precedence over other cases and could be decided relatively swiftly, within a matter of weeks. Among the requested measures are an immediate suspension of Israel's Gaza offensive, cessation of forced displacement of Palestinians, facilitation of humanitarian access, and preservation of evidence.

The ICJ's decisions are legally binding on countries and are not subject to appeal. Nonetheless, it is important to note that the court lacks mechanisms to enforce its rulings, leading to instances where they may be disregarded. Dr Kingsley Makhubela, a former diplomat, clarified that the court's findings lack legal force and are advisory, leaving room for potential non-compliance.

According to Makhubela, "The ruling can’t be forced on anyone. It is an advisory. Israel could ignore it or disregard it and carry on with its activities; there is no recourse for that." The ICJ has the authority to order all, some, or none of the provisional measures requested by South Africa, and it also retains the discretion to determine its competence to judge the case.

Following the decision on emergency measures, the ICJ will proceed to examine the broader case "on the merits," focusing on South Africa's allegation of Israel's breach of the UN Genocide Convention. However, this phase of the case, unlike the aforementioned ruling, may extend over several years.

Importantly, the forthcoming decision does not conclusively determine whether Israel has committed genocide. Instead, it centres on ordering provisional measures against Israel with the aim of protecting the rights of the Palestinian people under the Genocide Convention. The best-case scenario is the ICJ issuing an immediate ceasefire, while the worst-case scenario involves the dismissal of South Africa's case on the grounds of being deemed "implausible."

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