Niamh Ní Bhriain Programme Coordinator War and Pacification

On 26 January, the International Court of Justice (ICJ) delivered its ruling on the request for provisional measures in the case of South Africa v. Israel. Hundreds of people gathered outside the courthouse in the Hague to watch the proceedings live, while millions tuned in online from around the world. In the weeks since the  momentous court ruling Israel has forged ahead with plans for a  full-scale ground invasion of Rafah, Gaza’s most southern city, where 1.5 million people are desperately seeking shelter. States must urgently take all actions within their power to force the implementation of this ruling. A Dutch court order that bans the export of fighter jet components is an important step in this regard. Other states must immediately take similar actions to stop the genocide.

Almost 100 days in to Israel’s genocidal war on Palestine, the International Court of Justice (ICJ) convened in the Hague on 11 and 12 January following proceedings brought by the Republic of South Africa against the State of Israel under the 1948 Genocide Convention. The Convention, which places a legal duty on signatories to prevent genocide, has been ratified by both states, giving the Court jurisdiction in the matter.

Since Russia’s full-scale invasion of Ukraine in February 2022, more than 13 million people have been forcibly displaced from their homes in what the United Nations High Commissioner for Refugees called ‘the fastest growing refugee crisis in Europe since World War II’. Breaking with a policy of deterring and containing asylum seekers outside its borders, the EU and its member states rightly responded to the flow of people by creating legal pathways that granted Ukrainian nationals protection and legal status within the Union. To date, some 8.2 million Ukrainians have registered across Europe. While these laudable efforts have undoubtedly saved lives, over a year later it is clear that the measures are the exception and not the rule. The EU has used the war in Ukraine to expand its deadly border regime in Eastern Europe, in particular the role of Frontex, doubling its efforts to keep out those fleeing other wars and conflicts. Moreover, Ukraine, which has acted as the EU’s border guard for nearly two decades, has continued to play this role even as the war rages on. As we approach World Refugee Day, we expose the discrimination, racism, and hypocrisy driving Europe’s deadly border policies in response to the war.