South Africa at ICJ stage 1: Principle that human rights and justice apply to all people, equally, is on trial
11 January 2024
South Africa’s application to the International Court of Justice for an interim order on the provision of humanitarian relief to the people of Gaza seeks to fulfil two critical functions.
First, it seeks to interrupt the genocidal vengeance of the Israeli Defence Force against the civilian population of Palestine in response to Hamas’ violent actions on 7 October 2023. And, second, it seeks to underscore the principle that human rights and justice apply to all people, equally.
The rules of the international court provide for the prioritisation of applications for provisional measures. This is akin to an interim interdict in our legal system, pending the final determination of the main action.
The provisional measures that South Africa is requesting, brought under the United Nations’ Genocide Convention, are intended to urgently protect Palestinians against further, severe and irreparable harm.
The entire civilian population of Gaza is presently living under daily bombardment, tens of thousands have been killed and injured, 85% of the population has been displaced, and the basic necessities of human existence including food and water have been cut off.
South Africa wants the court to order the State of Israel to stop the bombing and forced removals, and stop depriving Palestinians of food, water and medical supplies.
Pausing the genocide will create an opportunity for the world’s nations to engage in brokering sustainable peace and justice in the Holy Land.
Of course, if the South African application is successful, and the court makes the requested order, Israel could choose to ignore it.
This will, once again, show up the court’s – and by extension, the United Nations’ – structural weaknesses.
Even so, the order will place Israel under unprecedented moral and legal pressure. If Israel breaches the court’s order, then it is the nations that are party to the Genocide Convention and the United Nations that must act against Israel.
A symbolic victory at the ICJ won’t help the people of Palestine. If a ruling for immediate relief is made then the world’s nations, including the so-called “superpowers”, must demonstrate their respect for the rule of law and ensure that the ruling is implemented.
If the United Nations cannot, through nation-state cooperation, give effect to judgements of the ICJ, or negotiate justice and peace, then serious pressure must be applied to changing its archaic structure that affords disproportionate power to a few privileged nations thereby rendering it unfit for purpose.
Issued b Brett Herron, Secretary-General, GOOD, 11 January 2024
