What the ICJ ruling really means for Israel
The UN’s top court, the International Court of Justice, today ordered Israel to do everything in its power to prevent genocidal acts being committed in its military response to the 7 October Hamas attacks.
The court ordered Israel to alleviate the humanitarian crisis, ensure no IDF soldiers commit genocidal acts and punish acts of incitement to violence from Israeli citizens. It has to report back to the court in a month.
But the ruling raises questions about the legitimacy and long-term viability of the court and the whole concept of an international judicial system in an era of conflict when the rules-based order is in retreat.
Israel is contemptuous of the ICJ’s posture, regarding the case as vexatious. Critics of Israel regard the ruling as a vindication.
The court stopped short of declaring Israel’s ground operation and shelling of Gaza genocide. It also maintained respect for Israel’s right to self-defence after the worst single attack in the country’s history.
The case was brought by South Africa earlier this month. The South African President said today: “Some have told us we should mind our own business and not get involved in the affairs of other countries and yet it is very much our place as the people who know too well the pain of dispossession, discrimination, state sponsored violence.”
Responses to this ruling will filter through over the weekend. Yet, there has been some very robust pushback from Israel already.
From Israel there was mostly contempt. Prime Minister Benjamin Netanyahu said the war will continue until Hamas is destroyed, the hostages are released and said Israel will continue to fight within the law.
Israeli defence minister Yoav Gallant dismissed South Africa’s case as “antisemitic” and said Israel does not need to be lectured on moral matters. Security minister Itamar Ben-Gvir was both terse and clear when he quipped: “Hague Shmague”.
Mark Regev, a senior adviser to Netanyahu, had a more detailed rejoinder. He said that the UNRWA – the UN’s Palestinian refugee agency – reports consulted in the ruling are not credible due to the organisation’s links with Hamas. “I think it’s high time that the UN investigated these links. No one should see UNRWA as in any way objective.”
Regev seemed to be almost immediately vindicated. Within hours, twelve employees of the UNRWA were fired for their alleged involvement in the 7 October attacks and the US suspended its funding for the organisation.
Despite Israeli outrage, wider opinion seems to have concluded that the ICJ’s ruling is something of a win for South Africa and Israel’s many enemies. For example, the BBC’s Jeremy Bowen said: “What the judge has said adds up to a victory for South Africa’s lawyers and a defeat for Israel’s.” He went on to say that the court’s ruling means Israel will have to dramatically change its military conduct in Gaza.
Will it? Will Israel really change its tactics when there is a broad consensus in the country that even if Netanyahu is deeply unpopular, and he is, Hamas must be smashed?
The Hamas-run health ministry puts the total Palestinian death toll at almost 26,000. Hamas says most of these have been women and children. The IDF estimates it has killed around 9,000 Hamas terrorists and injured another 8,000.
The scale of death and destruction is appalling since Hamas carried out its pogrom on 7 October.
Of course, there is always the gnawing worry of how many more young Palestinian men this carnage is radicalising. But genocide is not a word to use lightly. Israel’s view is that it doesn’t need to be ordered to avoid genocidal acts as it is not committing such acts. It is trying to destroy Hamas.
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