The highest court of the United Nations will rule on South Africa's request for temporary injunctions against Israel in a genocide lawsuit today (January 26).
The ICJ has demanded Israel, among other nations, “take all measures within its its power” to contain death and damage in the Gaza Strip. However, the court stopped short of ordering a ceasefire.
The ruling stated that Israel must take immediate and effective action to allow basic services and assistance in the Gaza strip to be provided.
The ruling is a first step in a case that South Africa brought to the International Court of Justice (ICJ), claiming that Israel committed genocide in Gaza by using force to fight Hamas.
Israel has described the lawsuit as a "despicable and contemptuous exploitation" of the court and has described South Africa as "hypocritical".
Yesterday, Israel expressed confidence that the ICJ would dismiss the accusations, which an Israeli government spokesman called baseless.
Two days of arguments and debate began on Thursday, with lawyers for South Africa asking judges to impose binding preliminary orders on Israel, including an immediate halt to Israel's military campaign in Gaza.
South Africa argues that Israeli actions after the October 7 attacks by Hamas "are genocidal in character" and that Israel "failed to prevent genocide and is committing genocide", according to ICJ president Joan E Donoghue.
Outside the court, others were protesting and waving the Palestinian flag in support of South Africa's move.
Why is South Africa taking Israel to court?
South Africa has claimed that Israel is committing genocide against Palestinians, following Hamas's 7 October attack.
Hundreds of Hamas gunmen crossed from the Gaza Strip into southern Israel, killing 1,300 people, mainly civilians, and taking about 240 hostages back to Gaza.
Israel launched its military campaign against Hamas in response, killing more than 23,000 people, mainly women and children, in Gaza, according to the Hamas-run health ministry.
When were the ICJ court hearings?
The first of two days of hearings at the International Court of Justice (ICJ) took place on January 11 and 12.
South Africa said Israel's offensive aimed to bring about "the destruction of the population" of Gaza.
In an 84-page court document, South Africa claims that Israel's "acts… in the wake of the attacks on 7 October 2023… are genocidal in character".
It claims that “the acts and omissions by Israel [...] are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group, that being the part of the Palestinian group in the Gaza Strip".
South Africa says Israel is "failing to prevent genocide and is committing genocide" in its war with Hamas.
It also compares the Israeli occupation of Palestinian territories to its own Apartheid period.
What has South Africa said?
Adila Hassim, a South African attorney, claimed in court that Israel had committed genocidal acts against the Palestinian people, including the mass murder of Palestinians, the infliction of severe physical and psychological harm on Palestinians, the wilful infliction of conditions of life intended to result in the physical destruction of Gaza entirely or in part, and Israel's military attack on Gaza's healthcare infrastructure.Meanwhile, Tembeka Ngcukaitobi, advocate of the High Court of South Africa, told the court: "The intent to destroy Gaza has been nurtured at the highest level of state."
He said Israel's political and military leaders, including prime minister Benjamin Netanyahu, were among "the genocidal inciters".
"That is evident from the way in which this military attack is being conducted," he added.
What has Israel said in response?
Israel rejected the accusations of genocide as false and baseless and said South Africa was speaking on behalf of Hamas. Pretoria responded, saying this was untrue.
Israel says that its actions were self-defence against Hamas’s attack on October 7.
What could an ICJ ruling mean?
South Africa wants the ICJ to order Israel to "immediately suspend its military operations in and against Gaza".
The ICJ could quickly make a decision on whether it will implement South Africa's request for Israel to suspend its military campaign.
This could protect the Palestinians from what might ultimately be declared genocide.
However, Israel would likely disregard this order and may not have to comply, as rulings are in practice unenforceable.
