The International Court of Justice issues a long-awaited judgment in South Africa’s case against Israel for acts of genocide in Gaza.
The International Court of Justice (ICJ) has issued its much-anticipated interim ruling in South Africa’s case against Israel over alleged genocidal acts in Gaza.
Here are highlights of the interim measures ordered by the court on Friday in a case that has attracted global interest:
Genocide prevention
The World Court has ordered Israel to take measures to prevent acts of genocide as it wages war against the Hamas group in the Gaza Strip.
In that decision, 15 of the ICJ’s 17 judges voted in favor of emergency measures that covered most of what South Africa had requested, with the notable exception of stopping Israeli military action in Gaza.
The Israeli military operation has ravaged much of the densely populated enclave and killed more than 26,000 Palestinians in nearly four months, according to Gaza health authorities. The war has now lasted more than 100 days since Hamas attacked southern Israel on October 7, killing 1,139 people and taking 240 prisoners.
No ceasefire
The court stopped short of calling for an immediate ceasefire. Less than two years ago, in March 2022, she ordered Russia to end its war against Ukraine after kyiv took Moscow to the ICJ.
On Friday, the ICJ stopped short of reiterating the interim measures it had ordered against Russia – and which Moscow has ignored.
South African Foreign Minister Naledi Pandor, who was in court when the judges delivered their ruling, said she “hoped” the interim measures would include ordering a ceasefire.
But Pandor also argued that she did not see how Israel could implement the measures ordered by the ICJ without a ceasefire.
The ICJ has jurisdiction
Israel insisted in its arguments this month that the ICJ did not have jurisdiction in the case. But on Friday, Judge Joan Donoghue, president of the ICJ, said the court had concluded that it could rule on the issue and specifically that it could order interim measures.
She pointed to South Africa’s previous public statements suggesting that Israel may have violated its commitments under the 1948 Genocide Convention.
Furthermore, Donoghue stressed that Israel has always rejected any allegations of genocide in Gaza. She highlighted the opposing positions of the parties involved to emphasize that a dispute exists between the two parties. Donoghue said that, based on the evidence presented, certain acts and omissions by Israel and its officials appear to fall within the scope of the Genocide Convention.
Preventing and punishing incitement to genocide in Gaza
The court also warned Israel to “take all measures in its power to prevent” acts that could fall within the scope of the Genocide Convention, established as the world grapples with the horrors of the Holocaust. .
He also said Israel should “prevent and punish” any incitement to genocide.
South Africa has accused Israel of “genocidal” acts aimed at bringing about the “destruction of a substantial part of the Palestinian national, racial and ethnic group”.
He had urged the court to order Israel to “immediately suspend” its military operations in Gaza and allow humanitarian aid to reach civilians.
Israel must report within a month
The judges ruled that Israel must report to the court within a month on what it is doing to enforce the order to take all measures in its power to prevent acts of genocide in Gaza.
Donoghue said the decision creates international legal obligations for Israel.
Allow humanitarian aid to enter the strip
The court also ruled that Israel must quickly implement “immediate and effective” measures to ensure the delivery of urgently needed humanitarian aid and basic services to Gaza.
Hamas, which has ruled Gaza for 16 years, welcomed the court’s “important” ruling, saying it “contributes to isolating Israel.”
“The decision of the (International) Court of Justice constitutes an important development that contributes to isolating Israel and exposing its crimes in Gaza,” she said in a statement.
