WRAP | Today the ICJ has vindicated us, Israel's actions are genocidal - Ramaphosa

Israel must comply with ICJ ruling even though 'suffering won't end today or tomorrow' – Pandor

President Cyril Ramaphosa, in a brief address to the nation after the International Court of Justice (ICJ) delivered its ruling, said the judgment was an important first for South Africa's quest to secure justice for the people of Gaza.

"We have called Israel's attacks on Gaza genocidal acts, and they should be held accountable. 

"Some have told us to mind our own business and not get involved in the affairs of other countries," he said.

He added: "They said it was not our place, and yet it is very much our place as a people who know too well the pain of dispossession, discrimination, state-sponsored violence and as people who were victims of the crime that was apartheid."

Desist from killing, harming Palestinians in Gaza, ICJ tells Israel - but doesn't order ceasefire

By a strong majority, the International Court of Justice (ICJ) has found South Africa's accusations about Israel's military operation in Gaza have the potential to constitute genocide - but stopped shy of ordering a ceasefire.

Israel had insisted there was no evidence of a genuine legal dispute between itself and South Africa over the war in Gaza and denied the ICJ had the jurisdiction to hear the genocide case against it. 

It maintains its military action in Gaza, which has reportedly claimed the lives of more than 25 000 Palestinians (70% of which were women and children) was a direct result of Hamas' surprise attack on Israel on 7 October which led to the death of 1 200 people and abduction of 240 others. 

FIRST TAKE | ICJ ruling doesn't end the Israeli-Gaza war, but does affirm SA's principled stance

The International Court of Justice (ICJ) found on Friday that Israel is suspected of genocide against Palestinians in Gaza in a judgment that is a win for international law, as much as it is a win for South Africa and the affected Palestinian people.

The court overwhelmingly sided with South Africa's arguments that Israel's actions during the 111-day war on Gaza appeared to be genocidal. 

While the court did not grant South Africa's request that it clearly order a ceasefire, it ruled that Israel must stop killing Palestinians, stop causing serious bodily or mental harm to them, stop deliberately inflicting on Palestinians conditions of life calculated to bring about its physical destruction in whole or in part, and must stop imposing measures intended to prevent births of Palestinians.

The EFF has labelled the ICJ judgment on Friday as "remarkable". In a statement issued, the party said it welcomed the ruling.

"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."

President of South Africa Cyril Ramaphosa, in a brief address to the nation after the judgment, said the judgment was an important first for South Africa's quest to secure justice for the people of Gaza.

"We have called Israel's attacks on Gaza genocidal acts, and they should be held accountable.

"Some have told us to mind our own business and not get involved in the affairs of other countries.

"They said it was not our place, and yet it is very much our place as a people who know too well the pain of dispossession, discrimination, state-sponsored violence and as people who were victims of the crime that was apartheid. 

"They said it's not our place, but it's very much our place," Ramaphosa said.

- Siyamtanda Capa

What South Africa wanted, and what the ICJ actually ordered

The International Court of Justice (ICJ) on Friday issued an order that differs in ways both major and minor from what South Africa had requested.

Notably, the ICJ did not order a halt to Israeli military operations in Gaza. But it also failed to deal with Palestinians as a whole, including in the West Bank, as South Africa had hoped, instead zooming in only on Palestinians in Gaza.

Here is a summary of what South Africa had recommended as preliminary measures, with the court's response to those requests in bold.

Ramaphosa said following the judgment there must be a concerted effort to a ceasefire and there must be negotiations for a permanent two-state solution.

- Qaanitah Hunter

Ramaphosa said that some people said it was not South Africa's business to get involved. He said South Africa could not be passive bystanders.

"We stand on the side of freedom for all. We stand on the side of justice," he said.

- Qaanitah Hunter

Ramaphosa: I would like to extend our gratitude to our lawyers who presented our case to the ICJ and the minister of justice.

- Qaanitah Hunter

Ramaphosa: We hope this court order paves the way to the end of this crisis. We hope to the end of the terrible loss of life and hardship.

- Qaanitah Hunter

Ramaphosa: We thank the ICJ for upholding its role of achieving justice, promoting peace, preventing genocide and holding those responsible for genocide to be accountable.

- Qaanitah Hunter

Ramaphosa: We will not waiver in our commitment to the Palestinian people and their quest for self-determination.

- Qaanitah Hunter

President Cyril Ramaphosa is addressing the media following the judgment by the ICJ on Friday. He thanks those who stood by South Africa and supported the case.

- Qaanitah Hunter

According to the UN thousands of children were killed in the first few weeks of the current conflict, Ramaphosa says. 

The people of Gaza have been victims of bombardment, Ramaphosa says. They have been deprived of electricity, food and electricity supplies. 

Ramaphosa says the order by the ICJ is binding and expects Israel as a state that respects the rule of law to abide by the measures handed by the ICJ.

Comment: As Israel’s top officials continue to offer reactions to the ICJ order, it is clear they see no impact on Israel's war of eradication against Hamas. None have suggested that any change in strategy or tactics is called for, nor voiced any fear that foreign support for Israel may be affected. 

- Phillip de Wet

Israel “will continue to do what is necessary to defend our country and defend our people,” its Prime Minister Benjamin Netanyahu said on X.

“Israel’s commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people.” He welcomed what he characterised as an attempt to deny Israel its right to self-defence. “Israel will continue to defend itself against Hamas, a genocidal terror organization,” he said.

- Phillip de Wet

Comment: In the early days of the Hamas-Israel war in particular, South Africa was condemned for effectively ignoring the Hamas attack of 7 October, and not just by Israel’s traditional allies. Today, Naledi Pandor was at pains to highlight that SA wants to see Hamas release the hostages it continues to hold since then – as did the ICJ bench.

- Phillip de Wet

Pandor: If Israel does not comply, it will be setting a terrible precedent. The real issue is about the people of Palestine, who are being killed every day. The real issue is about the people of Palestine who are sleeping in the cold. Our message to the people of Palestine is don't give up hope.

- Qaanitah Hunter

Pandor: If Israel does not comply, it will be setting a terrible precedent. The real issue is about the people of Palestine, who are being killed every day. The real issue is about the people of Palestine who are sleeping in the cold. Our message to the people of Palestine is don't give up hope.

- Qaanitah Hunter

Pandor: If Israel does not comply, it will be setting a terrible precedent. The real issue is about the people of Palestine, who are being killed every day. The real issue is about the people of Palestine who are sleeping in the cold. Our message to the people of Palestine is don't give up hope.

- Qaanitah Hunter

Pandor: If Israel does not comply, it will be setting a terrible precedent. The real issue is about the people of Palestine, who are being killed every day. The real issue is about the people of Palestine who are sleeping in the cold. Our message to the people of Palestine is don't give up hope.

- Qaanitah Hunter

Pandor: I don't believe the suffering will end today or tomorrow. A clear signal has been sent by the court. It is a test for the government of Israel that says all of us must act in line with international law.

- Qaanitah Hunter

Pandor: I believe the actions of Hamas caused harm and I believe the hostages must be freed.

- Qaanitah Hunter

The ICJ decision is an important development that contributes to isolating Israel and exposing its crimes in Gaza, senior Hamas official Sami Abu Zuhri told Reuters on Friday.

"We call for forcing the occupation to implement the court's decisions," he added.

- Reuters

Dirco minister Naledi Pandor tells the media outside the Peace Palace that exercising the ICJ order would mean a ceasefire.

"I am not going to say I am disappointed," she says when asked about the court not clearly ordering a ceasefire.

She said South Africa agrees with the judges that Hamas must release the hostages it is currently holding.

She says the moment is right for negotiations for a two-state solution. Pandor says the judgment must be read carefully. - Qaanitah Hunter

Earlier ANC President Cyril Ramaphosa eagerly awaited the ICJ verdict at an ANC NEC meeting in Johannesburg on Friday.

Picture: Alfonso Nqunjana/News24

Israeli security minister Ben Gvir slammed the ICJ as an “antisemitic court” after the ruling, saying it was hypocritical and should be disregarded. Israel must ignore any decision that threatens its existence, he said.

- Phillip de Wet

Comment: An interesting fact is that the first African woman to sit on the ICJ bench, Ugandan judge Julia Sebutinde, voted against all the provisional measures South Africa sought against Israel. Ad hoc judge from Israel Aharon Barak also voted against most of the provisional measures. But on most scores, the court was 15-2.

- Qaanitah Hunter

After a tense hour, it was hugs and kisses inside the ANC NEC meeting venue following an ICJ verdict that found that there was indeed a prima facie case of genocide against Israel and urgency in the matter. Palestinian representatives hugged and kissed President Cyril Ramaphosa in visible relief and excitement.

- Siyamtanda Capa

In response to the judgment, Balkees Jarrah, associate international justice director at Human Rights Watch said on Friday: "The World Court’s landmark decision puts Israel and its allies on notice that immediate action is needed to prevent genocide and further atrocities against Palestinians in Gaza. Lives hang in the balance, and governments need to urgently use their leverage to ensure that the order is enforced. The scale and gravity of civilian suffering in Gaza driven by Israeli war crimes demands nothing less.

"The ICJ’s speedy ruling is recognition of the dire situation in Gaza, where civilians face starvation and are being killed daily at levels unprecedented in the recent history of Israel and Palestine. The court’s clear and binding orders raise the stakes for Israel’s allies to back up their stated commitment to a global rules-based order by helping ensure compliance with this watershed ruling."

Full statement by Dirco in response to the ICJ judgment:

Statement by South Africa welcoming the provisional measures ordered by the International Court of Justice against Israel

Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people. In a landmark ruling, the International Court of Justice (ICJ) has determined that Israel’s actions in Gaza are plausibly genocidal and has indicated provisional measures on that basis. For the implementation of the international rule of law, the decision is a momentous one. South Africa thanks the Court for its swift ruling.

The United Nations Security Council will now be formally notified of the Court’s order pursuant to Article 41(2) of the Court’s Statute. The veto power wielded by individual states can not be permitted to thwart international justice, not least in light of the ever-worsening situation in Gaza brought about by Israel’s acts and omissions in violation of the Genocide Convention. Third States are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza. They must, therefore, also act independently and immediately to prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide Convention, including by aiding or assisting in the commission of genocide. This necessarily imposes an obligation on all States to cease funding and facilitating Israel's military actions, which are plausibly genocidal.

Above all else, the provisional measures are directly binding on Israel, which is required pursuant to the Court’s order and to the Genocide Convention itself, to stop all acts by it that are plausibly genocidal, such as those raised by South Africa in its Application and request for the indication of provisional measures. There is no credible basis for Israel to continue to claim that its military actions are in full compliance with international law, including the Genocide Convention, having regard to the Court’s ruling.

South Africa sincerely hopes that Israel will not act to frustrate the application of this Order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do. South Africa will continue to act within the institutions of global governance to protect the rights, including the fundamental right to life, of Palestinians in Gaza – which continue to remain at urgent risk including from Israeli military assault, starvation and disease – and to obtain the fair and equal application of international law to all, in the interest of our collective humanity. Notably, South Africa will continue to do everything within its power to preserve the existence of the Palestinian people as a group, to end all acts of apartheid and genocide against the Palestinian people and to walk with them towards the realisation of their collective right to self-determination, for, as Nelson Mandela momentously declared, “our freedom is incomplete without the freedom of the Palestinians”.

The indication by this Court of provisional measures pursuant to the Genocide Convention marks a significant historical step towards that goal.

South Africa – and communities in both Gaza and elsewhere – are celebrating the International Court of Justice ruling. However, local media reported some disappointment among many Palestinian communities that the court stopped short of ordering Israel out of Gaza, as SA had requested.

- Phillip de Wet

"Palestine will be free," supporters chant outside the Peace Palace in The Hague where the ICJ found that Israel is suspected of genocide against Palestinians in the Gaza Strip.

- Qaanitah Hunter

While the court has not directly ordered a ceasefire in Israel, it has ordered Israel not to commit genocide in its military operation in Gaza. To allow humanitarian aid into the strip, Israel must punish those who incite genocide, and Israel must preserve evidence.

- Qaanitah Hunter

ICJ orders that the State of Israel submit a report to the Court on all measures taken to give effect to this order.

- Karyn Maughan

ICJ orders that the State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. 

- Karyn Maughan

ICJ also orders that the State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals that may be directed, supported, or otherwise influenced by it and any organizations and persons that may be subject to its control, direction or influence, do not commit any acts described in the first order. 

- Karyn Maughan

ICJ orders: The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people as a group protected by the Convention on the Prevention and Punishment of the Crime of Genocide, desist from the commission of any and all acts within the scope of Article II of the Convention, in particular:

(a) killing members of the group;

(b) causing serious bodily or mental harm to the members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and

(d) imposing measures intended to prevent births within the group.

- Karyn Maughan

After outlining the dire humanitarian crisis in Gaza, Donoghue says the ICJ has decided to grant certain provisional measures sought by South Africa. The ICJ says Israel must also take all steps to prevent the incitement of violence against Palestinians in Gaza.

- Karyn Maughan

Donoghue states that the UN Special Rapporteur on violence against women and girls [Reem Alsalem] has pointed to acts committed by Israel that would fall under the fourth category of genocidal acts, in Article II(d) of the Convention”. In other words: reproductive violence.

On 22 November, Alsalem warned that: “the reproductive violence inflicted by Israel on Palestinian women, newborn babies, infants, and children could be qualified as . . . acts of genocide under Article 2 of the [Genocide Convention]. . . including ‘imposing measures intended to prevent births within a group’”.

- Karyn Maughan

Donoghue says the humanitarian situation in Gaza is at serious risk of deteriorating further before it makes its final judgment in this case.

- Qaanitah Hunter

Donoghue says ICJ has found that there is "a real and imminent risk (of) irreparable prejudice" to Palestinians in Gaza.

- Karyn Maughan

The ICJ has the power to indicate provisional measures – such as the suspension of Israel’s military operation in Gaza – “if there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused before the Court gives its final decision”

- Karyn Maughan