The first opinion of the International Court of Justice (ICJ) on the accusation of genocide against Israel, presented by the government of South Africa, has two different readings that show the caution maintained by the senior magistrates of this instance of the United Nations.
First, the ICJ merely orders the Israeli government to “do everything possible to prevent acts characteristic of genocide from occurring". But, at the same time, it indirectly recognizes that genocide in Gaza exists, when it also orders Tel Aviv "to adopt measures against those soldiers who have committed actions that could be classified as genocide."
South Africa and the Palestinian Authority (PNA) have welcomed this preliminary declaration by the Court, seeing it as a decisive victory with respect to international law. Qatar, for its part, called it a humanitarian win and said Israel must adopt all measures to stop committing acts under the Genocide Convention.
The second reading that can be made is quite different - The ICJ does not order Israel to cease fire, as was expected in the Arab capitals. This means that Israel can continue bombing the territory of Gaza and causing hundreds and thousands of other Palestinian victims. As one might imagine, Israel has taken this part of the ruling to justify that it will continue the war until it “eliminates” Hamas and obtains the release of the hostages.
Therefore, what stands out most in the decision of the Hague judges is the caution with which they have drafted the ruling. It is true that it can be considered a victory for South Africa and the other countries that condemn the war crimes committed by Israel in the Palestinian enclave, but a ceasefire is not obtained. Perhaps it is because the ICJ knew that Israel would not agree to stop the war.
The United States maintains its position of calling for a “long humanitarian pause” to help the martyred civilian population, which has already suffered deaths of more than 25,000 people. The Palestinian government condemned the “continuation of the ongoing genocidal war against our people” in a statement which it said shows “Israeli determination to complete the destruction of the Gaza Strip.”
We find ourselves, in this way, in a medium and precautionary situation. The crimes of Israel and the Netanyahu government are clearly condemned, between the lines, by the Court in The Hague, but the war is not going to end. Israel says it will continue bombing Gaza until at least 2025.
Saudi Arabia, for its part, has welcomed the Court's ruling in a statement from its Foreign Ministry expressing the Kingdom's categorical rejection of the practices of the Israeli occupation and violations of the UN Convention on Genocide.
Neither too optimistic, nor excessively pessimistic. Perhaps this formula is the best way to analyze this declaration by the ICJ, which will continue to deal with the situation in the Palestinian territory.
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