September, Friday 20, 2024

ICJ rulings on Gaza limit Israel's powers, but will they comply?


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The recent ruling by the International Court of Justice (ICJ) on the situation in Gaza is not a complete victory for South Africa or the Palestinians. While the ICJ did not order Israel to halt its military campaign, it did recognize that the situation in Gaza is catastrophic. The court stated that the situation is at serious risk of deteriorating further before it delivers its final verdict on the charge of genocide, which could take years. The ICJ made several demands of Israel that align with most of the measures demanded by South Africa. These demands include Israel taking all necessary actions to avoid killing Palestinians, causing them harm, creating unsustainable living conditions in Gaza, or deliberately preventing Palestinian births. The court also called for Israel to take steps to prevent and punish public incitement to genocide, citing examples of such incitement by Israel's president and defense minister. Additionally, the court urged immediate and effective measures to address the humanitarian crisis in Gaza. It is important to note that the court's ruling does not call for a ceasefire, but rather for changes in Israel's military campaign in Gaza if the demands are implemented. Israel strongly denies the allegation of genocide and argues that it is Hamas who puts Palestinian civilians at risk by operating within densely populated areas. Israel claims that it goes to great lengths to warn civilians to avoid danger. The displacement of around 85% of Gaza's population as a result of Israel's actions since October is a significant concern. Displaced individuals endure squalid conditions in overcrowded shelters, with limited healthcare and inadequate humanitarian supplies. During the court proceedings, the urgency of Gaza's crisis was apparent, and Israel's attempt to have the case thrown out was unsuccessful. The suffering of Palestinians in Gaza, especially children, was highlighted by the court president. However, this ruling is not the final verdict on genocide, which is expected to take several years. Israel now faces the decision of how to respond to the ICJ's rulings. While the court's decisions are binding, there is no enforcement mechanism. Israel may choose to ignore the judges altogether. Diplomatic efforts are currently focused on a potential two-month ceasefire and improving the flow of aid into Gaza. Israel may argue that it is already taking steps to meet the court's demands. Regardless of the situation easing, Israel remains accused of genocide, a case the ICJ deems plausible and deserving of further consideration. As a country established after the Holocaust, Israel must now contend with this legal shadow until the court delivers its final verdict.