What the ICJ’s interim verdict on ‘Gaza genocide’ means for Palestine, Israel and South Africa

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Pro-Palestinian demonstrators rejoice outside the World Court in The Hague on Jan. 26, 2024, as judges rule on emergency measures against Israel following accusations by South Africa that the Israeli military operation in Gaza is a state-led genocide. (REUTERS)
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Updated 27 January 2024
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What the ICJ’s interim verdict on ‘Gaza genocide’ means for Palestine, Israel and South Africa

  • Palestinians called the ruling a ‘pivotal moment’ in the journey towards justice, while Israel branded it ‘outrageous’
  • However, experts ask why the ICJ did not call for a Gaza ceasefire despite doing so in the cases of Ukraine and Myanmar

LONDON: Stopping short of demanding an immediate end to Israel’s military action in Gaza, the UN’s top court has confirmed the validity of South Africa’s claim that the besieged Palestinian enclave may be in the midst of a genocide.

By a majority of 15 to two, a panel of judges at the International Court of Justice on Friday confirmed its jurisdiction to hear South Africa’s case in full, denying Israel’s request that the case be thrown out.

While only an interim verdict, with the case expected to last several years, the immediate ramifications of the ICJ’s provisional ruling are already being felt, with Palestinian politicians celebrating the decision as a “pivotal moment in the long journey toward justice and accountability.




Pro-Palestinian supporters gathered at the Embassy of Palestine in Pretoria on January 26, 2024, rejoice after watching the International Court of Justice delivering its decision on the case against Israel brought by South Africa in The Hague. (AFP) 

“The case brought by South Africa has forensically detailed Israel’s actions and its intent to commit genocide in Gaza,” Husam Zomlot, the Palestinian ambassador to the UK, said in a statement.

“The court has delivered its verdict to stop Israel from killing Palestinians, end incitement to genocide and allow in the desperately needed humanitarian aid to a displaced population starving and under siege and bombardment.”

And in a video posted on social media shortly after the ruling, Riyad Al-Maliki, the Palestinian foreign minister, said that the decision was an “important reminder that no state is above the law.”

 

 

Delivering the verdict, the court’s president, Judge Joan Donoghue, said: “The court is aware of the human tragedy in the region. The plight of children is particularly heart-breaking. An entire generation of children in Gaza is traumatized. Their future is in jeopardy.”

The court also ordered Palestinian militant group Hamas to return the remaining 140 hostages who were captured during the Oct. 7 attack, in which 1,200 people were killed.




People gather at the Bertha House in Cape Town on January 26, 2024, to watch the World Court ruling of the case brought against Israel by South Africa in The Hague. (AFP)

Benjamin Netanyahu, the Israeli prime minister, called the ICJ’s decision a “disgrace that will not be erased for generations.”

Writing on the social media platform X, Netanyahu said: “Israel’s commitment to international law is unwavering. Equally unwavering is our sacred commitment to defend our country and our people.

“Like every country, Israel has an inherent right to defend itself. The vile attempt to deny this right is blatant discrimination against the Jewish state, and it was justly rejected. The charge of genocide is not only false, it’s outrageous. Decent people everywhere should reject it.

“Our war is against Hamas terrorists, not against Palestinian civilians. We will continue to facilitate humanitarian assistance, and to do our utmost to keep civilians out of harm’s way.”

 

 

Nevertheless, the ruling obliges Israel to change its conduct in Gaza, with the ICJ imposing six provisional measures, including the prevention of acts that could be considered genocidal and punishment of comments that appear to incite genocide.

Of more immediate concern for the civilian population in Gaza is whether Israel will honor the court’s demand to ensure sufficient humanitarian aid is permitted to enter the embattled enclave to stave off famine.

Some 26,000 people have been killed in Gaza since Israel began its military operation in October, according to the Hamas-run Health Ministry, and most of the enclave’s population has been displaced by the fighting.

Significant though the ruling is, South Africa’s legal team did not get all of the provisional measures it had hoped for.

Speaking after the ruling, Naledi Pandor, South Africa’s foreign minister, said that without a ceasefire the court’s orders “don’t actually work,” adding that it would be up to Israel’s “powerful friends” to push it toward compliance.




South Africa's Foreign Minister Naledi Pandor addresses reporters after the session of the World Court in The Hague, Netherlands, on Jan. 26, 2024. (AP) 

Although she “wanted the word ‘cessation’ included” in the ruling, Pandor said she was “satisfied with the directions given.” The government in Pretoria likewise called it a “landmark ruling.”

Others who spoke to Arab News shared Pandor’s dismay that the court did not repeat its provisional order from March 16, 2022, when it obligated Russia to “immediately suspend military operations” in Ukraine while awaiting a final decision.

Hassan Ben Imran, a board member at Law for Palestine, told Arab News he was “disappointed” by the wording.

“Yes, morally, the judges need to ask themselves why they failed to clearly state the word ‘ceasefire’ as they comfortably did in Ukraine and Myanmar. However, the provisional measures order was a huge strategic success for the victims in the long term,” he said.

“So, while the court didn’t use the word ‘ceasefire,’ the whole decision clearly means that implementing it needs a ceasefire.”

Similarly, Juliette McIntyre, an expert in international law from the University of South Australia, said that the pronouncement by the court would make it “much harder for other states to continue to support Israel in the face of a neutral third party finding there is a risk of genocide.”

This, McIntyre added, may lead to states withdrawing “military or other support for Israel in order to avoid this,” with the US purportedly following developments closely.

Across Europe, pressure has begun to mount on governments to act on the ruling, with the Scottish National Party warning that UK Prime Minister Rishi Sunak “can no longer remain silent on atrocities being committed in Gaza.”

 

 

Similarly, New York City-based monitor Human Rights Watch said that the ICJ’s decision had put “Israel and its allies on notice,” calling on them to “back up their stated commitment to international law.

“Governments need to urgently use their leverage to ensure that the order is enforced,” Balkees Jarrah, associate international justice director at HRW, said in a statement after the ruling.

“The scale and gravity of civilian suffering in Gaza driven by Israeli war crimes demands nothing less.”

 

 

Pandor highlighted that the ruling’s success depended on international powers, telling reporters she has “never really been hopeful about Israel” complying with the court’s orders.

Julia Roknifard, an assistant professor at the University of Nottingham’s School of Politics, History and International Relations, told Arab News that while “in part” there was a sense of disappointment that the ICJ had not demanded a ceasefire as it had with Russia, the decision had weight.

“Now, Israel is supposed to allow the aid in and provide a report on this in a month,” she said. “But even if Tel Aviv complies and all the necessary aid gets in, but the operation is still ongoing, that will not prevent the devastation, including the increase in the death toll.

“As of now, not unexpected, Israeli officials are showing disdain toward the ruling and the whole proceeding.”

Indeed, Itamar Ben-Gvir, Israel’s minister of national security, responded to the ruling on X with the quip: “Hague Schmague.”




Israel's National Security Minister Itamar Ben-Gvir. (AFP)

Unlike Ben-Gvir, the Israel Defense Forces may be taking the court’s ruling more seriously, with reports that it has already altered tactics to comply with the ICJ.

Although Arab News was unable to verify these changes, sources have reported in recent weeks of a growing chasm between Israel’s military and political leadership on how the war is being fought.

For now, however, the Israeli government appears to be resolutely against the ruling. Yoav Gallant, the Israeli defense minister, said that Israel did not need “lecturing on morality in order to distinguish between terrorists and civilians.”

He added that the IDF would “continue operating to dismantle the military and governing capabilities of the Hamas terrorist organization, and to return the hostages to their homes.”




Israeli army tanks roll in southern Israel along the border with the Gaza Strip on January 24, 2024 amid ongoing battles between Israel and the Palestinian militant group Hamas. (AFP)

For Yossi Mekelberg, associate fellow of the MENA Program at London’s Chatham House, the case has shown the limits of legal avenues to justice for the Palestinians — something he believes is ultimately a political process.

“I was afraid all along that this case would become a distraction from the main aim of bringing about an immediate humanitarian ceasefire,” Mekelberg told Arab News.

“The focus should have been, at least at this stage, on the political, not the legal. The priority is to first stop the suffering and then deal with the legal aspects. I am not against applying international law and accountability; it is a matter of sequencing.”

 


Palestinian detainee says he was tortured in Israeli detention center

Updated 11 sec ago
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Palestinian detainee says he was tortured in Israeli detention center

KHAN YOUNIS: Palestinian medic and ambulance worker Tarek Rabie Safi, freed from an Israeli jail as part of a ceasefire deal between Israel and Hamas, said he was underfed and abused during almost a year in captivity.
Safi, a 39-year-old father of two, was released along with 368 other Palestinian detainees on Saturday, after Hamas freed three Israeli hostages from Gaza.
Palestinian prisoners and Israeli hostages have both complained of harsh treatment in the hands of their captors.
“I was held by the Israeli army in the Gaza ‘envelop’, which is Sde Teiman where I stayed for four months (and I was subjected to) torture of our bodies (physical torture) and hunger,” a gaunt-looking Safi said.
“(There was) no (decent) food, or drinks, or (medical) treatment. My arm was broken, and they did not treat me, and they did not get me checked by a doctor.”
The Israeli military rejected the claims in an emailed response to Reuters’ queries, saying detainees are given food and drink regularly and have access to medical care, and that if necessary, they are transferred to a medical facility with advanced capabilities.
Safi, who was detained in March last year near Khan Younis in southern Gaza, said a detainee who was in the same room with him had died as a result of his treatment.
“A young man who was with me was martyred, Mussab Haniyeh, may God have mercy on him, in the same room. This young man was strong, but due to the lack of food, lack of drinks and frequent torture, he was martyred in front of our eyes,” Safi said.
After four months in the detention center, Safi was moved to other Israeli jails until his release in Khan Younis, where he was reunited with his family in emotional scenes.
The Israeli military said it is aware of incidents of detainee deaths, but cannot comment since investigations are pending.
The Palestinian Prisoner Association, which documents Israeli detentions of Palestinians, said that Israel is carrying out “systematic crimes and revenge attacks” against prisoners, most recently in the Israeli-occupied West Bank’s Ofer prison.
Abdullah Al-Zaghari, head of the association, said that the group had documented horrific testimonies, including severe beatings and shackling prisoners for days and weeks without food or water.
Reuters is unable to independently confirm the reports.
Human rights group Amnesty International said last year that 27 released detainees it had interviewed consistently described being subjected to torture on at least one occasion during their arrest.

Israel will leave troops in 5 locations in Lebanon after Tuesday deadline, military spokesperson says

Israeli army forces patrol in the village of Kfarshuba in southern Lebanon on February 17, 2025. (AFP)
Updated 25 min 36 sec ago
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Israel will leave troops in 5 locations in Lebanon after Tuesday deadline, military spokesperson says

  • “We need to remain at those points at the moment to defend Israeli citizens, to make sure this process is complete,” military spokesperson said
  • Lebanon’s President Aoun said Monday he was “afraid that the complete withdrawal will not be achieved tomorrow”

BEIRUT/JERUSALEM: Israel will keep troops in several posts in southern Lebanon past a February 18 deadline for them to withdraw, a military spokesperson said on Monday, as Israeli leaders sought to reassure northern residents that they can return home safely.
Under a truce deal brokered by Washington in November, Israeli troops were granted 60 days to withdraw from southern Lebanon where they had waged a ground offensive against fighters from Lebanon’s armed group Hezbollah since early October.
That deadline was extended to February 18, but Israeli and Lebanese officials as well as foreign diplomats had anticipated that the military would retain some troops on parts of the Lebanese side of the border.
“We need to remain at those points at the moment to defend Israeli citizens, to make sure this process is complete and eventually hand it over to the Lebanese armed forces,” military spokesperson Lt. Col. Nadav Shoshani told a briefing with reporters, adding that the move was in accordance with the mechanism of the ceasefire agreement.
He said the locations were close to Israeli communities or occupying strategic vantage points overlooking Israeli towns like Metula, at the northernmost point of Israel.
“Basically the security situation is very, very complex,” he said.
A Lebanese official and two foreign diplomats said Israeli troops would likely leave villages in south Lebanon but stay in overlook points to reassure residents of northern Israel who are set to return home on March 1.
Tens of thousands of people were displaced from northern Israel by Hezbollah rocket fire and more than a million people in Lebanon fled Israeli air strikes in the year-long war conflict playing out in parallel with the Gaza war.
The fighting ended in late November with a truce ordering Israeli troops to withdraw from south Lebanon, Hezbollah fighters and arms to leave and Lebanese troops to deploy.
The ceasefire deal stipulates that only “official military and security forces” in Lebanon can carry arms and that the Lebanese government must prevent any transfers of arms or related material to non-state armed groups.
Its language — sharper than previous United Nations Security Council Resolutions — appears to spells out ways that the Lebanese state will be expected to constrain Hezbollah, diplomats and analysts said.
The deal’s implementation is being overseen by a committee chaired by the US and France.
Lebanon’s President Joseph Aoun, who has said Israeli troops should leave by the February 18 deadline, said on Monday he was “afraid that the complete (Israeli) withdrawal will not be achieved tomorrow.”
The two diplomats said talks were still underway on alternatives to Israeli troops staying, including possibly deploying more UN peacekeepers to the border.
France has proposed that UN forces including French troops replace Israeli forces at key border points.
Hezbollah said on Sunday that Israeli forces still in Lebanon after Tuesday would be considered an occupying force.
Israel occupied southern Lebanon for 22 years, withdrawing in 2000 after continued attacks on its positions in occupied Lebanese territory by Hezbollah, founded in 1982 to counter Israel’s invasions.
In the latest war, Israel and Hezbollah exchanged fire for nearly a year, mostly around the border. Israel significantly escalated in September, eliminating much of Hezbollah’s top leadership in air strikes and sending ground troops into south Lebanon.


UN appeals for $6 billion for Sudan crisis aid in 2025

Updated 17 February 2025
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UN appeals for $6 billion for Sudan crisis aid in 2025

  • The aim is to provide assistance to nearly 26 million people this year, UN bodies say
  • Civil war has displaced 12 million people, of whom around 3.5 million have fled the country

GENEVA: The UN appealed Monday for $6 billion to provide desperately-needed aid to people in war-ravaged Sudan and millions of refugees fleeing “appalling” conditions.
The aim is to provide assistance to nearly 26 million people this year, the United Nations’ humanitarian agency OCHA and refugee agency UNHCR said in a joint appeal.
Since April 2023, Sudan has been locked in a brutal conflict between army chief Abdel Fattah Al-Burhan and his former deputy Mohamed Hamdan Dagalo, who leads the paramilitary Rapid Support Forces.
The UN agencies said the civil war has displaced 12 million people, of whom around 3.5 million have fled the country.
They stressed that at the same time, nearly two-thirds of Sudan’s population needs emergency aid, as swathes of the country face famine conditions.
“Sudan is a humanitarian emergency of shocking proportions,” UN humanitarian chief Tom Fletcher said in a statement.
“Famine is taking hold. An epidemic of sexual violence rages. Children are being killed and injured. The suffering is appalling.”
Famine conditions have already been reported in at least five locations in Sudan, including in displacement camps in Darfur and in the western Nuba Mountains, the UN statement said.
And “catastrophic hunger is expected to worsen by May when the lean season begins,” it warned.
The UN said it was appealing for $4.2 billion to reach nearly 21 million people inside Sudan with life-saving aid and protection.
Fletcher said the UN plan would provide “a lifeline to millions.”
The United Nations said it would also need $1.8 billion to support 4.8 million people – both Sudanese refugees and their host communities – in the Central African Republic, Chad, Egypt, Ethiopia, Libya, South Sudan and Uganda.
“Today, one-third of Sudan’s entire population is displaced,” UNHCR chief Filippo Grandi said in the statement, highlighting that “the consequences of this horrific and senseless conflict spread far beyond Sudan’s borders.”
The UN cautioned that without immediate funding, two-thirds of refugee children would be denied access to primary education, “threatening an entire generation.”
And “up to 4.8 million refugees and host community members will continue to face severe food insecurity, with at least 1.8 million going without food assistance,” it said, warning that “already strained health systems may collapse.”
Last year, humanitarian organizations received $1.8 billion for Sudan – 66 percent of the $2.7 billion requested – and managed to reach more than 15.6 million people across the country.
They also provided life-saving food assistance to over a million people in neighboring countries, as well as medical support to half a million and protection services to over 800,000, the statement said.


Israel kills Hamas official in southern Lebanon

Civil defence workers and Lebanese soldiers gather next to remains of burned car that was hit by an Israeli drone strike.
Updated 55 min 39 sec ago
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Israel kills Hamas official in southern Lebanon

  • Israeli military said Muhammad Shaheen was the head of the operations department of Hamas in Lebanon
  • A Hamas official confirmed Shaheen’s killing to Reuters

BEIRUT: Israel killed on Monday a Hamas leader in southern Lebanon’s Sidon area, the Israeli military and a Hamas official said.
The military said Muhammad Shaheen was the head of the operations department of Hamas in Lebanon and that he had recently been involved in promoting “terrorist plots” with Iranian direction and funding from Lebanese territory against Israeli citizens.
A Hamas official confirmed Shaheen’s killing to Reuters.
An Israeli strike on a car in Lebanon’s southern port city of Sidon targeted an official in the Palestinian militant group, two Lebanese security sources told Reuters earlier.
Lebanon’s state news agency said rescuers had removed one body from the car but did not identify the victim.
The Israeli military has been carrying out strikes against members of Hamas, allied Lebanese armed group Hezbollah and other factions in Lebanon, in parallel with the war in Gaza.
Those armed groups have launched rockets, drones and artillery attacks across the border into northern Israel.
Under a truce brokered by Washington in November, Israeli troops were granted 60 days to withdraw from southern Lebanon where they had waged a ground offensive against fighters from Iran-backed Hezbollah since early October.
That deadline was later extended to February 18, but Israel’s military requested that it keep troops in five posts in southern Lebanon, sources told Reuters last week.


Cairo building collapse kills 10: state media

Updated 17 February 2025
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Cairo building collapse kills 10: state media

  • Eyewitnesses told the state-owned outlet that “a gas cylinder explosion” caused the collapse

CAIRO: A building collapse in the Egyptian capital killed 10 people and injured eight more on Monday, with several others believed to be missing under the rubble, state media reported.
Ambulances were dispatched to the scene in the working class neighborhood of Kerdasa, where civil defense teams searched for people thought to be missing under the rubble, according to the Al-Akhbar Al-Youm newspaper.
Eyewitnesses told the state-owned outlet that “a gas cylinder explosion” caused the collapse, and a police investigation was under way.
Building regulations are unevenly enforced in the sprawling metropolis of Cairo, home to over 26 million people.
The city has seen a number of deadly building collapses in recent years, both due to the dilapidated state of some and, at times, failure to comply with building regulations.