Table of Contents
THE CONTEXT: The UN’s highest judicial body, the International Court of Justice (ICJ) ordered that Israel must take all measures within its power to prevent all acts within the scope of the Genocide Convention. The court was ruling on the nine provisional measures requested by South Africa in its genocide claim against Israel.
WHAT IS THE CASE BEFORE THE WORLD COURT?
- Earlier, South Africa approached the International Court of Justice (ICJ) to seek an immediate order affirming that Israel had violated its commitments under the 1948 Genocide Convention.
- South Africa accuses Israel of committing genocide against Palestinians in the Gaza Strip through military operations.
- In its application, South Africa argued that Israel, in its ongoing Gaza assault, has transgressed from the provisions of Article 2 of the Convention. This article defines the term “genocide” to mean “acts committed with intent to destroy, wholly or partly, a national, ethnic, racial, or religious group”.
- South Africa has also sought interim relief for the Palestinians and asked the ICJ to order Israel to immediately suspend all military operations in Gaza, as an interim measure.
- They argue that Israel’s actions meet the specific criteria outlined in the Convention on the Prevention and Punishment of the Crime of Genocide.
- The court did not agree to South Africa’s request for an immediate ceasefire in Gaza. However, it directed Israel to allow the entry of basic services and humanitarian assistance into the Palestinian enclave.
INTERNATIONAL COURT OF JUSTICE
- The ICJ is the principal judicial organ of the United Nations (UN).
- The International Court of Justice is also known as the World Court. It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
- The seat of the Court is at the Peace Palace in The Hague (Netherlands).
- Of the six principal organs of the United Nations, ICJ is the only one not located in New York (United States of America).
- Its official working languages are English and French
- All members of the UN are ipso facto parties to the statute, but this does not automatically give ICJ jurisdiction over disputes involving them.
- The ICJ gets jurisdiction only on the basis of the consent of both parties.
- The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24 October 1945.
- The Statute of the International Court of Justice is an integral part of the Charter.
- The ICJ consists of a panel of 15 judges elected by the United Nations General Assembly (UNGA) and United Nations Security Council (UNSC) for nine-year terms.
- These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies.
- The Court does not include more than one national of the same State. Moreover, the Court as a whole represents the main forms of civilization and the principal legal systems of the world.
GENOCIDE CONVENTION
- The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide.
- The Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations on 9 December 1948. It signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War.
- According to the Genocide Convention, genocide is a crime that can take place both in time of war as well as in time of peace.
- The definition of the crime of genocide, as set out in the Convention, has been widely adopted at both national and international levels, including in the 1998 Rome Statute of the International Criminal Court (ICC).
- The Convention establishes on State Parties the obligation under Article IV to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals”.
- That obligation, in addition to the prohibition not to commit genocide, have been considered as norms of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention.
- The Genocide Convention has been ratified or acceded to by 153 States (as of April 2022, with Zambia). Other 41 United Nations Member States have yet to do so. From those, 18 are from Africa, 17 from Asia and 6 from America.
SIGNIFICANCE OF ICJ RULING ON ISRAEL
- Rules based international order: The outcome holds significance not only for mitigating the crisis in Gaza but also as a crucial test for the “rules-based international order.” The ICJ‘s decisions in the coming months will play a pivotal role in shaping perceptions of the international legal framework.
- Protection of human rights: The judgement stands as a cornerstone in international efforts to prevent and punish the crime of genocide. It will act as a beacon in the pursuit of justice and the protection of human rights on a global scale.
- Legal accountability: The order is a moral and legal allegation of Israel for bombing health facilities, designated safe areas, and densely populated areas. The ICJ has directed Israel to take effective and immediate measures to ensure humanitarian assistance and basic services to Gaza.
- Preventing genocide: While Israel and its allies highlight the absence of an order to stop military action, it cannot be ignored that the order is tailored to achieving the objective of preventing genocide. That most of the provisional measures were favoured by a 15-2 majority shows a high degree of consensus on steps to prevent genocide.
- Prompting humanitarian action by Israel: The order makes it difficult for Israel to choose a policy of deliberate non-compliance. The ruling asks for a report in one month on steps taken to implement the measures can only mean that Israel has to demonstrate progress on the extent of humanitarian aid it has permitted.
THE WAY FORWARD:
- Compensation for Palestine: There is a need for effective and immediate measures to ensure humanitarian assistance and basic services to Gaza to provide interim relief for the Palestinians.
- Israel Comply with ICJ: Israel must comply with ICJ’s order to prevent genocide, step up aid in Gaza at the earliest and immediately suspend all military operations in Gaza as an interim measure.
- Prevent genocide: There is a need to establish a credible expectation that the perpetrators of genocide and related crimes to held accountable as it can effectively contribute to a culture of prevention of genocide.
- Strengthen institutions: Efforts should be made to strengthen institutions like ICJ and UNSC in upholding international law and addressing human rights violations.
THE CONCLUSION:
Despite the absence of an explicit call for a ceasefire, the ruling handed down by the International Court of Justice is a momentous one that binds Israel to its obligation to prevent acts of genocide in its ongoing military operations in Gaza.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 “India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. (2018)
Q.2 ‘Too little cash, too much politics, leave UNESCO fighting for life.’ Discuss the statement in the light of the US’ withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’.(2019)
MAINS PRACTICE QUESTION
Recently, the International Court of Justice (ICJ) ordered Israel to prevent genocidal acts in Gaza. In this regard, discuss the impact of the ICJ ruling on the ongoing war and the challenges associated with its implementation.
NOTE: REFER TO DAILY NEWS ANALYSIS OF 29TH JANUARY FOR MORE INFORMATION.
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