Decision from the International Court of Justice: Genocide case to proceed

The International Court of Justice (ICJ) has announced its decision regarding the request for provisional measures in the "genocide" case brought by the Republic of South Africa against Israel in The Hague. The ICJ ruled that it has the authority to issue provisional measures regarding Israel's potential violation of some of its obligations under the Genocide Convention.

In the hearing, which was broadcast live, Adila Hassam, one of the lawyers representing South Africa, expressed to the Court that Israel had violated Article 2 of the Genocide Convention with the following words:

“Palestinians in Gaza are subjected to relentless bombing wherever they go. There is nothing left of hundreds of multi-generational families. Israel has committed acts of genocide by killing Palestinians in mass, causing serious mental and bodily harm to Palestinians, and consciously and systematically making Gaza completely or partially uninhabitable. The Israeli army has attacked Gaza's healthcare system. Nothing but your decision can stop this cruelty.”

The decision is as follows:

“The requests for provisional measures are being considered; in the court's view, it is seen that some of South Africa's claims may fall within the scope of the articles of the convention. The court rejects Israel's request to 'dismiss the case.' The genocide case against Israel will continue to be heard. The genocide case will be heard on its merits. Here, the claims put forward by South Africa will be evaluated. Looking at the first article of the convention, all relevant parties must prevent the crime of genocide. The second article includes provisions such as harming members of an ethnic and racial group and transferring children within this group to another group. The claims made against Israel in the genocide case have been proven to a reasonable level. However, the final decision on whether genocide has occurred will be announced later. South Africa's requests for provisional measures have been taken into account and it has been decided that they shall be implemented. The court has decided that Israeli military forces must not engage in such acts. It has decided that Israel must take effective steps to ensure the delivery of humanitarian aid. The implementation of the decisions is mandatory. All countries can take steps to protect people protected by the Genocide Convention. When we look at the Palestinians, they are a group that should be under protection in accordance with Article 2 of the Genocide Convention. Israeli attacks have caused the deaths of many people, damage to civilian infrastructure, and the displacement of people. 93 percent of the population in Gaza is facing crisis-level hunger. Children in Gaza are facing severe trauma, 1.4 million people are living in shelters, and diseases are spreading. It is seen that a generation is being exposed to this, and many have been left without mothers and fathers. The tragedy experienced by the children is truly heartbreaking.”

What does the provisional measures decision mean?

The provisional measures decision issued by the Court does not only concern whether Israel is acting in violation of the Genocide Convention, but rather means that temporary measures must be taken that the parties must comply with until a final decision is made in the case, in order to prevent damages that may occur in the face of a possible threat of genocide. In its examination of the requests for measures, the Court found it sufficient that South Africa presented “reasonable” grounds. On the other hand, it will carry out its investigation into the crime of genocide in Gaza when it moves to the merits of the case.

What measures did South Africa request?

South Africa is asking the Court to implement provisional measures to force Israel to "not commit genocide, to prevent genocide, and to punish the perpetrators of genocide." The purpose of the provisional measures is to prevent the situation from worsening while the legal process continues.

In this context, South Africa is asking the Court to rule that Israel;

1- Immediately suspend its military operations in Gaza,

2- Ensure that any group under its control does not take steps to advance any military operation in Gaza,

3- Take all reasonable measures to prevent genocide against Palestinians,

4- Refrain from any act falling within the scope of Article 2 of the Genocide Convention,

5- Ensure that displaced persons have access to humanitarian aid, including adequate food, water, fuel, medical and hygiene supplies, shelter, and clothing, by returning to their homes,

6- Take necessary steps to punish those involved in genocide,

7- Preserve evidence of genocide and not prevent access to Gaza by international officials and other authorities for this purpose,

8- Submit regular reports to the Court on the implementation of the measures granted,

9- Refrain from any action that would complicate or prolong the case.

'Antisemitic' reaction from Israel to the International Court of Justice

Israeli Prime Minister Benjamin Netanyahu responded to the ICJ's provisional measures decision in the genocide case filed against Tel Aviv with a video statement. Prime Minister Netanyahu denied the "genocide" charge against Israel and said:

“Like every country, Israel has an inherent right to defend itself. The attempt to deny this fundamental right is clear discrimination against the Jewish state, and it is rightly rejected. Accusing Israel of the crime of genocide is not only false, it is shocking, and all good people should reject it.”

Israeli National Security Minister Itamar Ben-Gvir accused the ICJ, which issued a provisional measures decision in the genocide case filed against his country, of “antisemitism.” At this point, it is necessary to address antisemitism. Antisemitism is hostility, hatred, prejudice, or discrimination against the Jewish people. A person with such positions is called an antisemite. Antisemitism is considered a form of racism.

Ben-Gvir responded to the provisional measures decision taken by the ICJ in The Hague in the genocide case filed by the Republic of South Africa on the grounds that Israel's actions in Gaza violated the Genocide Convention with a written statement. Accusing the ICJ of “anti-Jewishness,” Ben-Gvir stated, "The decision of the antisemitic court in The Hague proves what was already known: This court is not seeking justice, but persecution of the Jewish people. They remained silent during the Holocaust, and today they are taking another step by continuing hypocritically.”

Statements from Erdoğan and Kurtulmuş regarding the decision

President Recep Tayyip Erdoğan said that they welcomed the court's decision. Erdoğan's message is as follows:

“I value and welcome the provisional measures decision taken by the International Court of Justice regarding the inhumane attacks in Gaza. We will continue to follow the process to ensure that war crimes committed against innocent Palestinian civilians do not go unpunished. We hope that this decision, which is binding for the countries that are parties to the Genocide Convention, will lead to an end to the attacks that Israel carries out without distinguishing between women, children, and the elderly. As Turkey, we will continue to work with all our might to establish a ceasefire and ensure the path to lasting peace, and to stand by our Palestinian brothers and sisters.”

Parliament Speaker Numan Kurtulmuş also emphasized the importance of the decision;

“The interim decision regarding Israel, which is being tried at the International Court of Justice for war crimes and crimes against humanity committed in Gaza, is important in that it is the first step taken to prove the righteousness of the front of humanity against Israel. Now, the whole world must urgently stop the massacres in Gaza, deliver humanitarian aid to Gaza as soon as possible, and international law must judge these bloodthirsty murderers and give them the punishments they deserve. I thank the Republic of South Africa for leading this case, our Members of Parliament who followed the case on-site, and the lawyers who shouldered this struggle on behalf of humanity.”

Together with the international community, we will follow this decision and continue to fight to stop the massacres that Israel is committing in Palestine. The Netanyahu administration will be held accountable before humanity and history for the occupation and genocide policies it pursues in Palestine. We are grateful to the South African authorities and people, who are the legal applicants regarding the decision of the International Court of Justice, to human rights lawyers, and to our members of parliament who followed the case on-site.

Statement from the Ministry of Foreign Affairs

The Ministry of Foreign Affairs also stated in its statement on the subject, "We believe that the measures announced by the International Court of Justice constitute a very important opportunity to stop the bloodshed in Palestine."

As is known, the International Court of Justice is the judicial organ of the United Nations, which is the most important supreme body for the international community. The Court's latest decision is important in terms of the effectiveness of judicial decisions in the international community. As explained by our most authorized state officials, the Court's decision must also be followed by Turkey, and a contribution must be made to the effectiveness of the international community.