Haaretz: Expert warns IDF of potential ICJ injunction against Israel’s actions in Gaza

Haaretz recently reported that a senior legal expert has alerted Israel Defence Force(IDF) brass, including Chief of Staff Herzl Halevi, about the significant risk of the International Court of Justice (ICJ) issuing an injunction demanding Israel to cease its military actions in Gaza.

This warning comes as Israel is obligated to adhere to the court’s decisions. The ICJ, unlike the International Criminal Court, which prosecutes individuals, resolves legal disputes between states and issues judgments that are final, binding, and not subject to appeal.

On 29 December , South Africa filed an appeal to the court, accusing Israel of “indiscriminate use of force and forcible removal of residents,” actions it claims constitute “crimes against humanity and war crimes” in the besieged Gaza Strip.

South Africa has requested the court urgently discuss the matter and consider issuing a temporary injunction for a ceasefire in Gaza.

This African nation has been an outspoken critic of Israel’s military campaign in Gaza, with figures including President Cyril Ramaphosa drawing parallels between Israel’s treatment of Palestinians and South Africa’s former apartheid regime. Israel has vehemently rejected these comparisons.

Professor Eliav Lieblich of Tel Aviv University, an international law expert, emphasized the seriousness of South Africa’s allegations. Haaretz quoted him stating that extremist statements from senior Israeli officials could indicate an intent to harm Gaza’s civilian population.

He noted that proving a genocide intention is challenging as explicit statements are rarely made during conflicts. The application by Pretoria alleged Israel’s violations of the Genocide Convention, accusing it of acts committed with the specific intent to annihilate Palestinians in Gaza, part of a larger national and ethnic group.

South Africa also accused Israel of failing to prevent and even inciting genocide. Israel, in turn, strongly denied these allegations, labelling them as “blood libel” and deeming South Africa’s case as legally unfounded and an exploitation of the court.

Israel defended its military conduct, insisting it adheres to international law, focusing its actions against Hamas, and endeavouring to minimize civilian harm while ensuring the flow of humanitarian aid.

Amid these legal and diplomatic confrontations, the Gaza Ministry of Health reported a devastating toll as of 1 January 2024: 21,978 Palestinians killed and 57,697 wounded since the conflict escalated on 7 October following an attack by the militant group Hamas. The majority of these casualties in Gaza are women and children.

The initial attack from Hamas on 7 October resulted in 1,200 casualties from both attacking and defending forces, and an estimated 240 people were taken prisoner. Later, during a six-day ceasefire at the end of November, Hamas released 105 of them.

An ICJ ruling in favour of South Africa could lead to an early ceasefire, offering a resolution potentially more impactful than the criticized UN Security Council resolution passed on December 23, which many deemed insufficient and lacking a clear call for a ceasefire.

The resolution, aimed at providing more aid for Gaza, was passed after delays and with weakened language to prevent a veto from the permanent council member, the United States. This prompted significant backlash and descriptions of it as “woefully insufficient” and “nearly meaningless.”

It merely called for steps “to create the conditions for a sustainable cessation of hostilities” and was adopted with 13 votes in favor, none against, and abstentions from the United States and Russia.