Genocide Allegations: Court Weighs Provisional Actions In South Africa's Case Against Israel

On Friday, the International Court of Justice will deliver a ruling on nine provisional measures requested by South Africa in its landmark genocide case against Israel.

There’s unlikely to be a definitive “guilty” or “not guilty” verdict on whether Israel committed genocide in its war in Gaza against Hamas, but will rule on nine provisional measures brought by South Africa.

“Tomorrow is just about provisional measures,” said Toby Cadman, a former war crimes prosecutor and specialist in international law, and barrister and head of Guernica 37 Chamers in London.

He added: “I think the court will partially grant the request but it will be a divided decision, and it will not rule whether Israel has committed genocide or has failed to prevent a genocide.”

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South Africa's Request

The measures requested by South Africa include:

• Israel to suspend its military operations in Gaza
• Israel takes no steps in the furtherance of military operations in Gaza
• Israel to take all reasonable measures within its power to prevent genocide
• Israel to take all measures to prevent displacement, deprivation of food and water, access to humanitarian aid and the destruction of Palestinian life in Gaza

Cadman said the court could either rule on all the interim measures, just some of them, or perhaps none.

“It’s merely about whether it should make an interim order pending the full review on the merits,” he said.

Israel, meanwhile, has countered that it needs to protect itself from Hamas.

If the court were to uphold the measures, they are legally binding, but it has no mechanism to force Israel to comply with the rules.

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