“No one will stop us”: 100 days of war in Gaza and the ICJ Genocide Case

Image courtesy: Ayaan Institute

An interim ruling by the International Court of Justice is the latest development in South Africa’s case against Israel, alleging that its war against Hamas in the Gaza Strip amounts to genocide.

The conflict passed the 100-day mark in mid-January and has now surpassed at least 27 000 deaths so far, with many hostages still in captivity and unprecedented destruction which has rendered Gaza “uninhabitable”. South Africa’s accusations of genocide have further polarized the involved parties as well as the international public opinion but for now, the Court’s first decision will not put a stop to the military offensive as many have hoped.

The final ruling is likely years away, but the judges of the ICJ delivered their first decision over whether to grant the emergency measures requested by South Africa. On 26 January, the Court issued a set of legally binding provisional measures that requires Israel to “take all measures within its power” to prevent genocide against Palestinians, as well as incitement to genocidal acts, and to enable the provision of urgently needed humanitarian aid. Tel Aviv will also be expected to submit a report in one month, demonstrating its compliance with the provisional measures and broader international law.

For much of the Global South, the case is a test of the international legal system and whether it will ultimately hold a Western-backed democracy accountable. Beyond its immediate implications, Diana Buttu, a Palestinian lawyer said the case “marks the end of the era of Israeli impunity”. On the Israeli side, there is commitment to the military offensive, and a continued outrage over the “profoundly distorted” charges under the 1948 Genocide Convention, which was created against the backdrop of the Holocaust.

As Israel’s main ally, the US’s communication has been centred more around broader tensions in the region, specifically in the Red Sea, but it reaffirmed its support for Israel against the genocide allegations. According to American legal experts, the ICJ’s interim ruling also provided an opportunity for Israel to demonstrate its compliance with international law. Regardless of the mixed reactions, this politically explosive case is far from over.