The widespread destruction and conflict continue in Gaza. The International Court of Justice (ICJ) had been asked by the South African government to investigate and look into the situation that had been growing. Fundamentally, country of South Africa inquired the ICJ about Israel if they are committing genocide in Gaza towards the Palestinians or not? Related to that, Israel responded to the claims as completely baseless and rejects the allegations in total.
Structurally, the ICJ is the highest court in the United Nations (UN) and gives advisory opinions and judgements which it was asked by the South African government about the Israel’s actions in Gaza. However, differently from the International Criminal Court (ICC), ICJ cannot pass judgement on individuals on crimes especially a crime such as genocide and prosecute Israel to begin with. Nevertheless, ICJ’s opinion carries heavy weight on the UN, international institutions/organisations and the international community in general.
As a summary, why did the South Africa bring the case to ICJ against Israel? In the wake of Hamas’s October 7 strike, South Africa claims that the Israel is committing genocide against the Palestinian people. Approximately 240 captives were taken captive by hundreds of Hamas terrorists who fled the Gaza Strip into southern Israel, murdering 1,200 people which were mostly consisting of civilians and not the military personal. More than 26,000 Palestinians, mostly women and children, have died in Gaza since Israel began its military assault against Hamas in retaliation, according to the health ministry headed by Hamas. According to South African evidence, Israel’s “acts and omissions” “are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnic group.”[1] Continued acts of violence and intent to destroy a whole part of an ethic group basically points towards genocide.
In light of these events, Ireland stated that they would intervene in the South Africa’s case against Israel at the ICJ. This decision of intervention comes as the Israel prepares for another military operation in Rafah which locates in the south of Gaza where millions of refuges take shelter. Ireland’s legislators and lawmakers have repeatedly called for the safety of people in Gaza to be given first priority, albeit they did not specify the point of contention they meant to raise. If a nation is a party to the 1948 Genocide Convention, the UN permits that nation to “intervene” in proceedings. The deputy leader and foreign minister of the Republic of Ireland, Micheál Martin, stated that staff members were drafting a “declaration of intervention” in the case, which would be submitted to The Hague court if authorised by the Irish government. “The court must decide whether or not genocide is being committed.”[2] It is evident that this intervention by the Ireland would take some time like months, however, it sends a strong message that Ireland’s continued concern about what is happening in Gaza.
Furthermore, this intervention would mean that Ireland tries to uphold human rights, peace and safety of the civilians. Ireland’s decision to intervene on this case against Israel represent a pivotal moment in diplomatic relations. This decision not only holds a stand for the human rights and peace but also indicates a potential political engagement through legal framework of the ICJ against Israel. Moreover, Ireland’s actions signal a subtle way of political engagement towards Israel to put even more pressure them on the midst of their military operation while openly inviting more countries to back them up. On the Israel’s perspective, Ireland’s decision to intervene could be seen as efforts to undermine the national security and the further stability of Israel based on the October 7 attacks of Hamas which relates to the Israel’s narrative on the events regarding conflict and security needs in the region.
In conclusion, these kinds of interventions and calls for peace or deeper investigations exemplifies an evolving stage for international relations where legal intervention on sensitive subjects such as this might play essential roles to steer the way towards peace and security. However, this intervention might cause and contribute to further polarization in the world politics especially on the grander picture of events. Israel’s influence must not be disregarded with their allies’ powers. While the world is polarizing with conflict it is important to seek justice and peace, but it is also pivotal that Ireland’s intervention might further cause increased divide and rivalry among the international community. Balance of power in the globe should be taken into hands with great care.
By The European Institute for International Relations
[1] https://www.bbc.com/news/world-middle-east-67922346
[2] https://www.nytimes.com/2024/03/28/world/middleeast/ireland-south-africa-israel-genocide-icj.html
