NEWS ANALYSIS: US responds to ICJ verdict by intensifying starvation campaign on Gaza
The Top UN court acknowledges potential genocidal acts, mandates measures to prevent genocide. The US Responded by defunding the UN organization for feeding and housing Palestinian refugees.
On Friday, January 26, the International Court of Justice (ICJ) of the United Nations made a ruling regarding the situation in Gaza. The ICJ stated that Israel must take action to prevent genocide in Gaza, but fell short in mandating an immediate cease-fire in Israel's attack on Gaza.
The ICJ confirmed its jurisdiction to hear the case brought by South Africa against Israel and rejected Israel's request for the case to be dismissed. Israeli Prime Minister Benjamin Netanyahu strongly criticized the genocide allegation against his country, describing it as false and outrageous.
South African prosecution argued that Israel's actions and omissions during its offensive in Gaza were genocidal, as they aimed to destroy a significant part of the Palestinian national, racial, and ethnic group.
The president of the ICJ, Joan E. Donoghue, stated that based on an initial assessment of Israel's actions and statements from Israeli leaders, the court would not dismiss the case. Donoghue acknowledged the existence of plausible claims of potential genocidal acts.
While the ICJ did not order an immediate cease-fire, it does require Israel to implement certain provisional measures. The court, with a majority of 16 to 1, affirmed that Israel must take all necessary steps to prevent and punish those responsible for inciting genocide against Palestinians in the Gaza Strip. Additionally, the court instructed Israel to quickly and efficiently guarantee the delivery of urgently required humanitarian aid and fundamental services.
Furthermore, the court instructed Israel to take effective measures to prevent destruction and preserve any evidence related to the charge of genocide. Israel has been given a 30-day deadline to report on the measures taken.
South Africa’s case against Israel
In December, South Africa lodged a case at the ICJ, urging the court to issue an immediate order for Israel to cease its military operations in Gaza. The ICJ, being the highest court of the United Nations, has the authority to make binding rulings, although it lacks the power to enforce them.
In its application to the court, South Africa accuses Israel of causing harm to Palestinians in Gaza, both physically and mentally, and subjecting them to conditions that could lead to their physical destruction. Additionally, South Africa alleges that Israel is violating its obligations under the Genocide Convention by failing to prevent or punish senior Israeli officials and others who incite genocide.
South Africa has accused Israel of committing genocide through deliberate actions. Lawyer Tembeka Ngcukaitobi stated that the extensive destruction in Gaza, the targeting of family homes and civilians, and the war's impact on children all point to a clear intent to destroy Palestinian life.
South African Justice Minister Ronald Lamola emphasized that the violence and destruction in Palestine and Israel did not start recently but have been ongoing for the past 76 years.
Israel’s stance amid allegations of genocide
Israel argues it is engaged in a battle against a formidable enemy that carried out a devastating attack on its territory, the deadliest since its establishment in 1948. Israeli leaders maintain that they are adhering to international law and making every effort to minimize harm to civilians.
The Israeli Foreign Ministry dismissed the South African charges as baseless and accused South Africa of acting as the legal arm of Hamas.
Netanyahu defends Israel's actions by stating that the Israel Defense Forces are acting with utmost morality. He asserted that no one could prevent Israel from continuing its actions in Gaza, including The Hague.
BBC also reported that the Israel Defense Forces have claimed to take measures to reduce civilian casualties, such as issuing warnings to civilians in targeted areas and avoiding striking certain areas with a civilian presence.
According to Gaza's Health Ministry, the ongoing offensive has resulted in the deaths of over 25,000 individuals, with a majority being women and children. Additionally, approximately 65,000 people have been wounded, without distinguishing between civilians and combatants. Both the United Nations and Israeli intelligence have acknowledged the reliability of these figures.
South Africa's Minister of International Relations, Naledi Pandor, acknowledged that the interim ruling did not explicitly call for a cease-fire. However, she argued that the ruling implied a necessity for a pause in the fighting in Gaza, as it would be challenging to provide aid and water without a cease-fire.
Post-verdict climate
Just as the ICJ released their interim verdict that orders Israel to prevent acts of genocide and allow more aid to enter, reports from Israeli officials allegedly tie workers at UNRWA in Gaza to the October 7 attack in Israel.
According to Israelis, the allegations come from detained Palestinian militants, but Israel’s well-documented history of torturing prisoners during interrogation calls these so-called “confessions” into serious doubt.
The US Secretary of State Antony Blinken, who has stated the United States has yet to investigate these allegations, deems the supposed evidence as “highly credible.”
In the same press conference, Blinken stressed the “indispensable role” the UN agency serves for Palestinian refugees. However, Since the report was released, at least 10 countries (including the US and the United Kingdom) have suspended their funding to UNRWA.
On Saturday, UNRWA Commissioner-General Philippe Lazzarini posted on the social media platform X that over 2 million people depend on the UNRWA’s humanitarian operation.
“I am shocked such decisions are taken based on alleged behavior of a few individuals and as the war continues, needs are deepening & famine looms. Palestinians in Gaza did not need this additional collective punishment,” Lazzarini said.
The United Nations has also expressed concerns about the potential for further casualties due to disease, as a quarter of the population is at risk of starvation. Furthermore, a staggering 85% of Gaza's 2.3 million population has been displaced from their homes.
It should be noted that even before Oct. 7, Israel had claimed the destruction of UNRWA as one of its major goals for some time. So in response to the UN’s highest court ruling that Israel is plausibly committing genocide, the West’s response was to support and intensify the assault on Palestinians, and aid in Israel’s campaign of ethnic cleansing.
Some have argued that this response violates both US and international law. Dr. Francis Boyle of the University of Illinois College of Law has said that the Biden administration’s cutting UNRWA aid, violates Article 2 of the Genocide Convention: “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”
Boyle also argues that in assisting the genocide, the administration is also committing a felony under the Genocide Convention Implementation Act—which Biden himself sponsored as a Senator.
What can be done?
While it’s clear the West is refusing to act, Boyle has offered a path forward for the world under the Uniting for Peace Resolution:
Suspend Israel from participation in its activities as the General Assembly did to the former criminal apartheid regime in South Africa and the genocidal Yugoslavia;
Set up an International Criminal Tribunal for Israel to prosecute its highest level civilian and military officials for war crimes, crimes against humanity, and genocide;
Recommend economic sanctions against Israel to UN Member States;
Recommend UN Member States sever diplomatic relations with Israel;
Admit Palestine as a full-fledged UN Member State.
Will the world answer this call to action? Only time will tell.