EFF statement on South Africa’s successful ICJ application for emergency measures in Gaza in genocide case against Israel
26 January 2024
The Economic Freedom Fighters (EFF) welcomes the ruling by the International Court of Justice (ICJ) in favour of South Africa's application for emergency measures in Gaza, in the genocide case against Israel. In the ruling that was delivered by the president of the court Judge Donoghue, the ICJ acknowledged that at least 26,083 Palestinians have been killed and 64,487 wounded in Israeli attacks on Gaza since October 7 2023.
Judge Donoghue observed that the court acknowledges the significant toll of the military operation carried out by Israel, which has led to numerous fatalities and injuries, along with widespread destruction of residential properties, the involuntary displacement of a majority of the population, and extensive harm to civilian infrastructure.
The court further recognised that statements made by senior Israeli leaders amounted to hate speech, employing "dehumanising language." Specifically, it highlighted statements by Israeli Defence Minister Yoav Gallant, who ordered a "complete siege" of Gaza and referred to the opposing forces as "human animals." As a result, the ICJ asserts that certain claims made by South Africa may be classified as acts of genocide according to the Genocide Convention.
The ruling explicitly highlighted that Israel indeed has a case to answer for, and the court would not dismiss the genocide allegations against Israel, nevertheless, the ICJ clarified that ongoing investigations into the matter are underway. However, recognising the urgency of the situation, the court deemed it necessary to implement provisional measures to ensure the safety of Palestinians in the interim.
In this light, the ICJ president declared Palestinians to be a protected group under the Convention, and therefore, the court recognises the Palestinians' right to be protected from acts of genocide. Furthermore, Judge Donoghue highlighted that the court indeed has jurisdiction to rule over emergency measures in the case, stating that through South Africa's application "The conditions required for the court to indicate preliminary measures are met."
Consequently, the ICJ has ordered Israel to take all actions within its power to avoid the commission of the acts that fall within the provisions of the Genocide Convention.
The measures include: punishing military incitement to genocide in the Gaza strip, allowing humanitarian aid into Gaza and providing basic services, implementing effective measures to protect Palestinian civilians, and preserving evidence of genocide.
Furthermore, Israel is required to provide a detailed report to the court within a month, outlining its actions to comply with the directive to exert all possible efforts to prevent acts of genocide in Gaza. While this represents progress and offers significant support to Palestinians, it remains disconcerting that the court refrained from mandating Israel to cease its military operations in Gaza and implement an immediate ceasefire.
As the EFF, we have been consistent in our call for a ceasefire, alongside our persistent demand for an end to the complete occupation of Palestine by Israel, a colonial force. However, we acknowledge the daunting reality of the immense imperialist support that bolsters Israel's actions. Therefore, the ICJ's ruling in favour of South Africa is nothing short of remarkable, instilling confidence in our belief that one day, this occupation will indeed come to an end. From the river to the sea, Palestine will be free!
Issued by Sinawo Thambo, National Spokesperson, EFF, 26 January 2024
