{"id":167103,"date":"2024-04-25T14:15:13","date_gmt":"2024-04-25T12:15:13","guid":{"rendered":"https:\/\/www.erasmusmagazine.nl\/en\/?p=167103"},"modified":"2025-12-19T11:27:18","modified_gmt":"2025-12-19T10:27:18","slug":"the-international-court-of-justice-will-determine-whether-israel-commits-genocide-why-is-that-important","status":"publish","type":"post","link":"https:\/\/www.erasmusmagazine.nl\/en\/2024\/04\/25\/the-international-court-of-justice-will-determine-whether-israel-commits-genocide-why-is-that-important\/","title":{"rendered":"The International Court of Justice will determine whether Israel commits genocide, why is that important?"},"content":{"rendered":"

On 29 December 2023, South Africa filed a request with the International Court of Justice to prosecute Israel for committing genocide against the Palestinian population in Gaza. What follows is a long legal process. Does this case help Palestinian civilians in Gaza? Professor of international law Karin Arts thinks so.<\/p>\n

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Let\u2019s begin at the beginning. Just what is the International Court of Justice?<\/strong><\/p>\n

\u201cThe International Court of Justice (ICJ) is one of the main bodies of the United Nations. Coincidentally, from my office at the ISS in The Hague I look out on the Peace Palace, where the ICJ has its seat. The ICJ consists of fifteen judges from different countries in all regions of the world and has two main functions. The first is that of chief legal adviser to the United Nations. UN bodies can seek advice on any international legal issue, for example on the responsibilities of states with regard to climate change. The ICJ can issue an advisory opinion.<\/em>\u00a0 This is a non-binding ruling, so countries have the option of disregarding advice.<\/p>\n

\u201cThe second function is the settlement of disputes between states. If states disagree with each other on legal issues between them, they can take these to the ICJ under certain circumstances. This is only possible if the states concerned have recognised the ICJ\u2019s jurisdiction or if they have signed a treaty giving the ICJ jurisdiction to adjudicate disputes on that treaty. Rulings resulting from such cases are binding: countries must abide by them.\u201d<\/p>\n\t

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Karin Arts is a professor of international law and development at the International Institute of Social Studies (ISS), which is part of the EUR. She studies the role of law in development issues, and in recent years has focused on human rights and children\u2019s rights. She is also a vice-dean of education. Arts made working visits to Palestinian territories in 2007 and 2013.<\/p>\n\n\t<\/div>\n

How is this for South Africa\u2019s case against Israel?<\/strong><\/p>\n

\u201cThis is a dispute between two states. South Africa accuses Israel of committing acts of a genocidal nature against Palestinians in the Gaza Strip. It bases its case on the Genocide Convention, to which both South Africa and Israel are bound as signatories. This treaty says that if actions occur that could be related to genocide, states who are party to the treaty can ask the ICJ to adjudicate a case. Israel could have declined to cooperate, but that would not have stopped the case. I think it is good that Israel is cooperating and is arguing the case from its side. This ensures that all arguments are addressed, and it adds to the weight of the final ruling.\u201d<\/p>\n\n\t

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