Daily News Analysis :-

GS2: IR,

Context: South African initiated case against Israel citing violation of international convention on the prevention and punishment of the crime of genocide (the genocide convention) in international court of justice (ICJ). However, a ruling is awaited.

Genocide: Genocide is actions intended to destroy a defined group of people.

Genocide convention: Genocide is treated as the most serious of international crimes. According to convention, every state has a serious obligation to prevent genocides, wherever it might occur.

• This is reason why South Africa, which is totally unrelated, has initiated proceedings in ICJ against Israel.
• In Gaza, at least 24,000 deaths occurred till now, basic infrastructure like school, hospitals are destroyed, imminent threat of diseases and famine is visible. Along with that South Africa is also referring to genocidal remarks made by Israeli top politicians to soldiers.

Challenges before ICJ

1. Preconditions in the case: Parties should require to demonstrate the specific intent behind demonstrating crime of genocide. It takes time.
   • Hence, South Africa is requesting for an interim order, even before final judgment is given, to protect the rights of the parties.
2. Conflicting viewpoints: Many countries are opposing application of genocidal conventions saying it’s a war against terrorism. Countrie can intervene in terms of interpreting the genocide convention.
   • Germany, USA, France Countries are opposing.
3. Lack of parties having personal interests in the case.
   • Hamas is a non-state entity. Gazans are non-represented.
4. Inability to stop the war. South Africa has asked for cessation of military hostilities. Israel is claiming that it is waging war against Hamas who conducted terrorist attacks and took innocents hostage.
   • International law experts opine that ICJ cannot give  such drastic orders.

What least can be expected in interim order ?

1. Compelling Israel to allow the entry of food to off the threat of famine.
2. Compelling Israel for humanitarian ceasefire, if not demanding for compare end of military hostilities.
3. Preventing Israel from making further genocidal statements.

Status of international laws in dealing with serious international crimes.

1. Colonial interests still prevail: Former colonial and imperial powers are still impeding the processes initiated for humanitarian concerns.
   • UK, France are supporting Israel.
2. Legitimacy of the international laws are questioned when undue delays, factionalism, lack of enforcement in orders, are becoming norms in international courts.

Hence, the order of ICJ becomes important in this context in order to rebuild the trust on rules based world order and  accountability on Israel for killing of civilians.