The Hague

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The top court of the United Nations on Friday (Jan 26) said that it is under its jurisdiction to rule over emergency measures as appealed by South Africa in the genocide case filed against Israel, in the wake of its ongoing war in Gaza.

Israeli Prime Minister Benjamin Netanyahu had hinted that he would not feel bound by any ICJ order. "No one will stop us -- not The Hague, not the Axis of Evil and no one else," Prime Minister Netanyahu said on Jan 14, referring to the Iran-aligned "axis of resistance" groups in Lebanon, Syria, Iraq and Yemen.

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The top UN court's ruling against Israel could increase political pressure on the country. 

What is the case?

Earlier in January, South Africa had asked the ICJ to order an emergency suspension of Israel's devastating military campaign in Gaza. The Israeli offensive came when Hamas launched its unprecedented Oct 7 attack, which resulted in about 1,140 people killed in Israel, mostly civilians.

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More than 25,000 people have been killed in the Gaza Strip in Israeli bombardments. Most of the victims have been women and children. 

Also watch | ICJ to rule on South Africa's Genocide case against Israel

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South Africa filed a case in the ICJ, accusing Israel of carrying out a state-led genocide. Pretoria filed nine injunctions to the court which included a demand for an order that would direct Israel to suspend all military operations in Gaza; and a separate order that would direct the Netanyahu administration to facilitate and not impede delivery of humanitarian aid to Gaza.

AFP reported that South Africa can take Israel to the ICJ as both countries signed the Genocide Convention and disputes over the text have to be settled at the top court. 

Palestinians welcome case

Palestinians in the West Bank have welcomed the genocide case (against Israel) brought by South Africa, saying the proceedings were an opportunity to hold Israel to account for its offensive in Gaza.

Addressing a rally in Ramallah earlier this month, Palestinian Prime Minister Mohammad Shtayyeh said, "Israel was built upon the crimes it committed against the Palestinian people."

"Thank you South Africa!" he added.

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Speaking to the news agency Reuters on Jan 11, Atieh Jawabra, a former political science professor at Al-Quds University Abu Dis, said he had long been waiting for Israel to appear before an international court for its crimes, which he said go back to the mass expulsion of Palestinians during the 1948 war of Israel's founding.

"Israel, the United States and the West have put Israel above the law over the course of its history," Jawabra, 68, said.

What has Israel said?

Israel has dismissed South Africa's genocide allegations as "grossly distorted" and said it had a right to defend itself and was targeting Hamas, not Palestinian civilians. Israel has also accused Pretoria of playing "advocate of the devil" for Hamas. 

Earlier this month, Israeli President Isaac Herzog said that there was nothing more "atrocious and preposterous" than a lawsuit filed in the ICJ accusing Israel of genocide against Palestinians. 

Speaking to US Secretary of State Antony Blinken, Herzog accused South Africa of hypocrisy for bringing the case, and thanked Washington for its support of Israel, which says it makes utmost efforts to avoid civilian casualties in Gaza.

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"Actually our enemies, Hamas, in their charter, call for the destruction of our nation, the State of Israel - the only nation-state of the Jewish people," Herzog added.

The Israeli president also said that his country must win the war as the conflict affects international values and that of the free world.

The US, which has backed Israel, has already rejected South Africa's case, and Germany said it would intervene as a third party on Israel's side when the court hears the broader genocide case.

ICJ's little power to enforce its verdicts

Though a landmark ruling is expected on Friday, the ICJ has little power to enforce its verdict. The ICJ had ordered Russia to stop its invasion of Ukraine one month after it began, to no avail. 

Orders from the ICJ, which rules in disputes between countries, are legally binding and cannot be appealed, AFP reported. In the present case, the ICJ is only ruling on South Africa's plea for emergency measures, not on the fundamental issue of whether Israel could be committing genocide -- that will take years.

(With inputs from agencies)