Why is it in the News?

What is the case before the World Court?

• South Africa brought a case against Israel to the ICJ on December 29, under the UN’s 1948 Genocide Convention.
• South Africa argued that Israel, in its ongoing Gaza assault, has transgressed from the provisions of Article 2 of the Convention.
  • This article defines the term “genocide” to mean “acts committed with intent to destroy, wholly or partly, a national, ethnic, racial, or religious group”.
• The ICJ will eventually decide whether Israel is committing genocide or not — this may take years.
  • But first, it will decide whether it has jurisdiction on this matter and whether the alleged acts fall under the 1948 Convention.
• South Africa has also sought interim relief for the Palestinians and asked the ICJ to order Israel to immediately suspend all military operations in Gaza, as an interim measure.
• While the court’s rulings are legally binding, it has no way to enforce them.
• Nonetheless, its opinions carry weight with the UN and other international institutions.

What is the International Court of Justice (ICJ)?

• The ICJ is the principal judicial organ of the United Nations that settles legal disputes between States in accordance with international law.
• Established in 1945 through the United Nations charter, the ICJ commenced its operations in April 1946.
• It is located at the Peace Palace in The Hague, Netherlands, distinguishing it from the other six principal UN organs situated in New York, USA.
• The ICJ specializes in settling legal disputes between states and providing advisory opinions on legal questions referred to by authorized United Nations organs and specialized agencies, all in accordance with international law.

Structure:

• Comprising 15 judges, elected for nine-year terms by the United Nations General Assembly and the Security Council, the Court ensures a simultaneous but separate voting process by these organs.
  • To be elected, a candidate must secure an absolute majority of votes in both bodies.
  • To maintain continuity, one-third of the Court is elected every three years, with judges eligible for re-election.
  • The Court is supported by a Registry, its administrative organ, and operates in English and French as its official languages.

Regional Distribution of Judges:

• The 15 judges are distributed across regions as follows:
  • Three from Africa.
  • Two from Latin America and the Caribbean.
  • Three from Asia.
  • Five from Western Europe and other states.
  • Two from Eastern Europe.

Indian Judges at ICJ:

• Four Indians have been members of the ICJ so far.
• Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.

Independence of Judges:

• In contrast to other international organizations' organs, the ICJ is unique in its composition, as it is not made up of government representatives.
• The Court's members are independent judges who, prior to assuming their duties, make a solemn declaration in open court, pledging to exercise their powers impartially and conscientiously.

Jurisdiction and Operations:

• The ICJ functions as a global court with a dual jurisdiction—addressing legal disputes between states submitted by them (contentious cases) and providing advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
• In contentious cases, only states that are members of the United Nations and have become parties to the Statute of the Court, or those that have accepted its jurisdiction under specific conditions, can participate.
  • The judgments rendered in these cases are final, binding on the involved parties, and not subject to appeal.
  • At most, there may be provisions for interpretation or, in cases of newly discovered facts, revision.

What is the Genocide Convention?

• The Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention, serves as a foundational instrument in international law, officially defining the crime of genocide for the first time.
• According to the provisions of the Genocide Convention, genocide is deemed a crime applicable both in times of war and peace.
  • This pivotal human rights treaty marked a historic milestone as the initial treaty adopted by the United Nations General Assembly on 9 December 1948.
  • It symbolizes the global commitment to the principle of 'never again,' echoing the collective resolve of the international community in the aftermath of the atrocities witnessed during the Second World War.
• The definition of genocide outlined in the Convention has gained widespread acceptance on both national and international fronts, finding incorporation into significant legal frameworks, including the 1998 Rome Statute of the International Criminal Court (ICC).
  • The Rome Statute, a pivotal development, introduced four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression—all of which are explicitly stated to be exempt from any statute of limitations.
• Crucially, the Genocide Convention imposes on State Parties the responsibility to undertake measures for the prevention and punishment of genocide.
  • This includes the enactment of relevant legislation and the punishment of perpetrators, irrespective of their status as constitutionally responsible rulers, public officials, or private individuals (Article IV).
• Both South Africa and Israel are parties to the Convention.

How often do such cases come before the ICJ?

This is not the first case the court will hear under the Genocide Convention.

• In 2022, Ukraine filed a case against Russia, and in 2019, the Gambia filed a case against Myanmar with respect to the Rohingya.
• The Myanmar case was the first time that a State invoked the court’s jurisdiction to seek redress for genocidal acts committed against the citizens of another state.
  • The court agreed that the Gambia had standing to bring the case.
• Like the Gambia, South Africa has based its jurisdiction under obligations erga omnes partes — that is, as a party to the Convention, it can bring this case because of its community interest in preventing genocide.

What will happen now?

• South Africa’s case appears to meet the threshold for the court to make a provisional measures order.
  • The Court must be satisfied it has prima facie jurisdiction; there is a “plausible” link between the rights asserted by South Africa and the measures it requests; and a risk of irreparable harm and urgency.
• That order will come within weeks and will have legal significance for all States that are parties to the Genocide Convention because such an order is binding on all States, even though the court lacks enforcement mechanisms.
• Israel has called the case “baseless” and a “blood libel”, and called on the international community to reject it.
  • The United States, Hungary, and Guatemala have done so.
• Palestine has welcomed South Africa’s case, as have the 57 Organisation of Islamic Cooperation (OIC) countries, Malaysia, Turkey, Jordan, Bolivia, Venezuela, Mexico, Bangladesh, Namibia, Nicaragua, and some others.
• France has stated that it will support the court’s decision and India has not issued any statement.