Just under a month after South Africa brought its case against Israel to the International Court of Justice (ICJ) and two weeks since presenting evidence before the judges, the principal judicial organ of the United Nations (UN) has made an interim ruling – Israel must do all in its power to prevent genocide against Palestinians in Gaza. (1)

The seventeen bench justices from Slovakia, France, Morocco, Somalia, China, Uganda, India, Jamaica, Lebanon, Japan, Germany, Australia, and Brazil as well as South Africa and Israel determined that Israel must:

1. “take all measures within its power to prevent the commission of all acts within the scope” of the U.N. convention on genocide. Approved in a 15-2 vote.
2. “ensure with immediate effect that its military does not commit any acts described in point 1 above.” Approved in a 15-2 vote.
3. “shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.” Approved in a 16-1 vote.
4. “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.” Approved in a 16-1 vote.
5. “take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope” of the relevant articles in the genocide convention. Approved in a 15-2 vote.
6. “submit a report to the court on all measures taken to give effect to this order within one month as from the date of this order.” Approved in a 15-2 vote. (2)

The measures were agreed by fifteen of the seventeen judges. Although the ruling is legally binding, the court lacks enforcement powers –The Israeli judge disagreed with two, while British-trained Julia Sebutinde of Uganda disagreed with all. An act that her home government distanced itself from. (3)

South Africa’s case called for an immediate ceasefire but the ICJ’s ruling falls short of this. However, Naledi Pandor, South Africa’s foreign minister, said:“In exercising the order, there would have to be a ceasefire. Without it, the order doesn’t actually work.” (4)

Israel in response, not surprisingly drew the “antisemitism” card. National Security Minister Itamar Ben-Gvir accused the ICJ of antisemitism stating: “This court does not seek justice, but rather the persecution of Jewish people. They were silent during the Holocaust and today they continue the hypocrisy and take it another step further.” (5)

Prime Minister Benjamin Netanyahu signalled his intention to defy the court, despite declaring Israel’s “unwavering” commitment to international law:“Israel will continue to defend itself against Hamas, a genocidal terror organization… our sacred commitment to continue to defend our country and defend our people. Like every country, Israel has an inherent right to defend itself.” he added: “The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected. The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it,” (6)

Israel’s staunch allies the USA and UK, while lacking the bombast of the Israeli government were equally dismissive. Having previously criticized South Africa’s case as “meritless” and “counterproductive” the USA State Department said in response to the ruling: “We continue to believe that allegations of genocide are unfounded and note the court did not make a finding about genocide or call for a ceasefire in its ruling and that it called for the unconditional, immediate release of all hostages being held by Hamas.” Similarly, the UK Foreign Office said: “We respect the role and independence of the ICJ. However… we have considerable concerns about this case, which is not helpful in the goal of achieving a sustainable ceasefire.” (7) The colonialist axis of which Israel has fully signed up to will continue to defend its ally even when confronted with evidence of war crimes like the targeting of journalists like Shireen Abu Akleh in 2022 and civilians like Ramzi Abu Sahloul a few days ago. (8)

This is certainly a stark contrast to the Ukraine war which fifty days after Russia’s February 2022 invasion USA President Joe Biden was already calling a “genocide” with around 5,000 fatalities at that time. Israel’s four month offensive in Gaza has claimed 25,000 lives, with potentially thousands more buried under rubble. (9) As far as the UK is concerned, it’s unlikely that a Labour government will take a different stance. In a move condemned as “depraved”, a delegation of Labour MPs embarked on a “solidarity mission” to Israel earlier this month meeting with President Isaac Herzog, who was named in South Africa’s genocide case against the country and is one of many Israelis to have handwritten ‘messages’ on bombs to be dropped on Gaza. (10) The delegation included MPs Christian Wakeford and Margaret Hodge, as well as baroness Ruth Anderson (nee Smeeth) who was the cause of the expulsion of renowned activist Marc Wadsworth from the Labour Party in 2018 on spurious grounds, termed a “political lynching.” (11)

The ICJ ruling represents a test of the so-called “rules-based international order” that has supposedly “underpinned international interactions since its formal establishment in 1945” and is ”necessary to reinforce that order to preserve the conditions needed for peace and prosperity.” (12) Human Rights group Amnesty International referenced this in their response to the ruling:

“All states – including those who were critical of or opposed South Africa’s submission of the genocide case – have a clear duty to ensure these measures are implemented. World leaders from the USA, UK, Germany and other EU states must signal their respect for the Court’s legally binding decision and do everything in their power to uphold their obligation to prevent genocide. Failure to do so would be a grave blow to the credibility and trust in the international legal order.” (13)

The likelihood of the establishment media holding their governments’ feet to the fire seems remote. For example, the BBC website, similar to its blatantly selective coverage of the court’s proceedings earlier in the month, removed articles about the ICJ judgement from its main homepage and news homepage within 24 hours of the ruling. (14) Leading broadsheet newspaper The Daily Telegraph decided to platform the Jewish Chronicle editor among its barrage of ICJ dissent. (15)

The strategy appears to be a blanket classification of any criticism of Israel as antisemitic, along with its Nazification of Hamas – in spite of Netanyahu’s decade and a half policy of bolstering it to destabilize Palestinian governance. (16) But it’s not just criticism of Israel, it could also be multi-coloured clothing or soft toys that draws accusations. Yet when confronted with real Nazis, such as Ukraine’s notorious Azov Battalion, the likes of the Anti Defamation League seem happy to reverse its 2019 characterization of them as “a far-right group and militia,” with neo-nazi ties, in the service of the USA empire. (17)

With Israel “losing the propaganda war,” it might be that the weaponization of antisemitism is now delivering diminishing returns. Thus, the attempts to rubbish South Africa in particular, fell short. It is a country that endured the imposition of an apartheid regime, that Israel supported, and has been vindicated. (18) Raji Sourani, the director of the Gaza-based Palestinian Center for Human Rights, said that the ruling “is the first time we see Israel held accountable for its crimes before an international court.” (19) Yet some are still querying why no Arab/Muslim states joined South Africa’s case, or even why they didn’t bring one first. A number of theories have been posited, including: too small/weak to bear the consequences; unwillingness to defy American interests; fear of retaliatory charges against them for human rights abuses and also they essentially have little more than verbal support for Palestine and would also like to see Hamas destroyed. (20)

At least at a symbolic level, the ICJ ruling represents a test for “rules-based international order” that in spite of the rhetoric is “nothing more than a tool for a select group of countries to advance their own hegemonic or exploitative ambitions,” while making declarations about democracy, justice, probity and the like. (21)

In spite of a myriad of internal issues South Africa has arguably emboldened the world against the old colonial order in an attempt to wrest free from its shackles, with reports that they are preparing to bring a case against them for complicity in the Gaza genocide. (22) There will most likely be a backlash, though its unclear what form it will take but South Africa is due an election this year.

(1) Amnesty International (26/01/24) Israel must comply with key ICJ ruling ordering it do all in its power to prevent genocide against Palestinians in Gaza. https://www.amnesty.org/en/latest/news/2024/01/israel-must-comply-with-key-icj-ruling-ordering-it-do-all-in-its-power-to-prevent-genocide-against-palestinians-in-gaza/
(2) Associated Press (26/01/24) Here’s a look at the 6 things the UN is ordering Israel to do about its operation in Gaza. https://apnews.com/article/icj-ruling-israel-gaza-genocide-3fa0908d995cc104e8ab4674f5ee75cc
(3) Lenin Ndebele (26/01/24) Ugandan ICJ judge’s vote on Gaza case does not reflect Kampala’s views, diplomat says. https://www.news24.com/news24/africa/news/ugandan-icj-judges-vote-on-gaza-case-does-not-reflect-kampalas-views-diplomat-says-20240127; Maureen Clare Murphy (26/01/24) World Court orders Israel to halt Gaza genocide. https://electronicintifada.net/blogs/maureen-clare-murphy/world-court-orders-israel-halt-gaza-genocide
(4) Murphy. Op. cit.
(5) Christian Baha (26/01/24) Ben-Gvir calls ICJ antisemitic after Gaza ruling. https://breakingthenews.net/Article/Ben-Gvir-calls-ICJ-antisemitic-after-Gaza-ruling/61341287
(6) Tovah Lazaroff, Tal Spungin (26/01/24) Netanyahu: Israel to defend itself from Hamas, genocide claim outrageous. https://www.jpost.com/israel-hamas-war/article-783877
(7) Ellen Mitchell (09/01/24) Blinken calls genocide case against Israel ‘meritless’ https://thehill.com/policy/international/4398781-israel-gaza-blinken-genocide-case-meritless/; By AFP and ToI Staff (27/01/24) UK says it has ‘considerable concerns’ about ICJ ruling, rejects genocide accusation. https://www.timesofisrael.com/uk-says-it-has-considerable-concerns-about-icj-ruling-rejects-genocide-accusation/
(8) Ali Harb (18/05/23) ‘Upsetting’: Shireen Abu Akleh family rejects Israel’s ‘sorry’. https://www.aljazeera.com/news/2023/5/18/upsetting-shireen-abu-akleh-family-rejects-israels-sorry; Maroosha Muzaffar (24/01/24) ITV report captures moment Palestinian man is shot dead minutes after speaking to media. https://www.independent.co.uk/news/world/middle-east/palestine-gaza-itv-report-israel-shot-dead-live-tv-b2483877.html
(9) Libby Cathey (13/04/22) Biden gets praise, criticism for calling Russia’s actions in Ukraine ‘genocide’. https://abcnews.go.com/Politics/biden-praise-criticism-calling-russias-actions-ukraine-genocide/story?id=84057232; Statista Research Department (27/10/23) Number of civilian casualties during the war in Ukraine monthly 2022-2023. https://www.statista.com/statistics/1318455/ukraine-war-casualties-monthly/; Jason Burke (21/01/24) UN chief decries ‘unacceptable’ scale of Gaza deaths as 25,000 reported killed. https://www.theguardian.com/world/2024/jan/21/gaza-death-toll-25000-un-antonio-guterres
(10) Xander Elliards (11/01/24) ‘Depraved’: Labour MPs pose with Israeli politician named in genocide case. https://uk.news.yahoo.com/depraved-labour-mps-pose-israeli-153302961.html
(11) Afrika Speaks with Alkebu-Lan on Galaxy Radio (18/11/19) Election 2019 – What’s in it for us? https://www.mixcloud.com/AfrikaSpeaks/election-2019-whats-in-it-for-us-181119/
(12) Parley Policy Initiative (03/05/23) The “Rules-Based International Order,” explained. https://www.parleypolicy.com/post/the-rules-based-international-order-explained
(13) Amnesty International. Op. cit.
(14) James Walker (11/01/24) Top journalist calls out BBC and Sky News over ICJ case coverage. https://www.thenational.scot/news/24042972.top-journalist-calls-bbc-sky-news-icj-case-coverage/
(15) Jake Wallis Simons (27/01/24) The ICJ has been captured by anti-Semitic propaganda. https://www.telegraph.co.uk/news/2024/01/27/the-icj-has-been-captured-by-anti-semitic-propaganda/; Joe Barnes, Nataliya Vasilyeva,and Susie Coen (16/01/24) Rishi Sunak condemns ‘horrific irony’ of Israel genocide ruling . https://www.telegraph.co.uk/world-news/2024/01/26/israel-gaza-genocide-case-icj-stops-short-calling-end-war/; Paul Nuki (26/01/24) ICJ genocide ruling threatens global support for Israel . https://www.telegraph.co.uk/world-news/2024/01/26/icj-genocide-ruling-israel-threatens-global-support-biden/
(16) Jeet Heer (11/12/23) Why Netanyahu Bolstered Hamas. https://www.thenation.com/article/world/why-netanyahu-bolstered-hamas/; Adam Raz (20/10/23) A Brief History of the Netanyahu-Hamas Alliance. https://www.haaretz.com/israel-news/2023-10-20/ty-article-opinion/.premium/a-brief-history-of-the-netanyahu-hamas-alliance/0000018b-47d9-d242-abef-57ff1be90000
(17) Reuters Fact Check (24/11/23) Fact Check: Misleading antisemitic claims made about BBC University Challenge team. https://www.reuters.com/fact-check/misleading-antisemitic-claims-made-about-bbc-university-challenge-team-2023-11-24/; Ej Dickson (20/11/23) Greta Thunberg Was Targeted for an Octopus. Then Israel Chimed In. https://www.rollingstone.com/politics/politics-news/greta-thunberg-octopus-palestine-israel-gaza-1234859322/; Alexander Rubinstein·(08/12/23) The ADL issues statement declaring Ukraine’s Azov Battalion no longer ‘far-right’. https://thegrayzone.com/2022/12/08/adl-ukraines-azov-battalion-far-right/
(18) Kevin D. Williamson (10/01/24) Hamas Is Winning the Propaganda War. https://thedispatch.com/article/hamas-is-winning-the-propaganda-war/; Glenn Frankel (24/05/10) Israel’s Most Illicit Affair. https://foreignpolicy.com/2010/05/24/israels-most-illicit-affair/
(19) Murphy. Op. cit.
(20) Feras Abu Helal (20/01/24) Gaza war: Why did Arab states not join South Africa’s case against Israel in the ICJ? https://www.middleeasteye.net/opinion/why-did-arab-states-not-join-south-africas-case-against-israel-icj
(21) Parley Policy Initiative. Op. cit.;
(22) Zeenat Adam (28/01/24) ICJ ruling: South Africa’s triumph bears an incredible shift in the imperial global order. https://www.middleeasteye.net/opinion/icj-ruling-south-africa-triumph-shift-imperial-global-order; Tony Karon (11/01/24) South Africa’s ICJ Case Against Israel Is a Call to Break Free From the Imperial West. https://www.thenation.com/article/world/south-africa-icj-israel-genocide/; Julie Billaud & Antonio De Lauri (2024) How South Africa rescued humanity (and International Law) at the International Court of Justice. https://www.cmi.no/publications/9076-how-south-africa-rescued-humanity-and-international-law-at-the-international-court-of-justice; teleSUR (15/01/24) South Africa to Sue US and UK as Complicit in Gaza Genocide. https://www.telesurenglish.net/news/South-Africa-to-Sue-US-and-UK-as-Complicit-in-Gaza-Genocide-20240115-0009.html

we ask the question

ICJ Ruling: what does it mean for us?

1) Does Israel/The West’s response reveal their disregard for international law?
2) Why did the Ugandan judge reject all of the rulings?
3) Is Israel “losing the propaganda war”?
4) Should the case have been brought by an Arab nation?
5) Will the verdict embolden the former colonized states? Will there be a backlash?

Our Special Guests:

Bro. Ldr. Mbandaka: Resident guest who is Spiritual Leader of the Alkebu-Lan Revivalist Movement and an Afrikan-Centred Education Consultant. Bro. Ldr is a veteran activist of over 40 years standing, a featured columnist in The Whirlwind newspaper and author of Mosiah Daily Affirmations and Education: An African-Centred Approach To Excellence.

Eld. Cecil Gutzmore: is an internationally renowned veteran scholar and activist who has been active in the Pan-Afrikan community for over fifty years. He migrated to the UK in 1961 later spending a decade back in Jamaica. Has been student, factory worker, clerical worker, community worker, local government and freelance training and management consultant and university lecturer in London and at UWI, Mona, Jamaica. His activism combines Black and left class positions.

Eld. Cecil’s writings on history, philosophy of science and political science and cultural studies have appeared in The Black Liberator, Marxism Today, Race and Class and Interventions; as well as various book chapters, newspaper columns and reviews in The Guardian (UK) The Jamaica Gleaner, The Morning Star and other newspapers. His research interests including the visual history of Africa and her Diasporas has led to the production of a number of photo-history exhibitions dealing with Caribbean Women and Marcus Mosiah Garvey amongst others. Eld. Cecil has also worked on some of the films of Menelik Shabazz.

Bro. Glenroy Watson: is the secretary of the Global Afrikan Congress UK branch. He is a veteran activist and trade unionist of international repute. Bro. Glenroy has been a stalwart of the TUC Black workers conferences for twenty years.