Israel launched its attack on October 7 following cross-border violence by Hamas militants.
The Hague:
The World Court on Friday ordered Israel to take action to stop acts of genocide as it wages war against Hamas militants in the Gaza Strip, but did not call for an immediate ceasefire.
Ruling on a case brought by South Africa, the court said Israel must ensure that its forces do not commit genocide and take measures to improve humanitarian conditions for Palestinian civilians in the enclave.
In the ruling, 15 of the 17 judges on the International Court of Justice (ICJ) panel voted for emergency measures, which included most of the things sought by South Africa, with the notable exception of ordering a halt to Israeli military actions in Gaza.
Israel’s military campaign has devastated the densely populated enclave and killed more than 25,000 Palestinians in nearly four months, according to Gaza health officials.
Israel launched its attack on October 7 following cross-border violence by Hamas militants. Israeli officials said 1,200 people were killed, mostly civilians, and 240 were taken hostage.
The court said it was “gravely concerned” about the fate of the hostages in Gaza and called on Hamas and other armed groups to immediately release them without conditions.
But the decision, welcomed by the Palestinians, will still be an embarrassment to Israel and its closest allies, including the United States.
Israel had urged the court to dismiss the case outright, saying it respects international law and has the right to defend itself.
The court said, “The State of Israel will take all measures within its power to prevent all acts within the scope of Article II of the Genocide Convention.”
It says that Israel will have to report within a month what steps it is taking.
Israeli Prime Minister Benjamin Netanyahu said the genocide allegations made against Israel were “outrageous” and said he would do whatever was necessary to defend itself.
“This despicable attempt to deprive Israel of this fundamental right is clear discrimination against the Jewish state and is rightly rejected,” he said in a statement.
But while ICJ decisions are final and without appeal, the court has no way to enforce them.
The court has not at this stage ruled on the core of the case brought by South Africa – whether genocide has occurred in Gaza. But it recognized the right of Palestinians in Gaza to be protected from acts of genocide.
South Africa’s Vice President Paul Mashatile and Justice Minister Ronald Lamola were seen cheering and dancing at a rally of the ruling African National Congress party following the court decision.
South Africa had argued two weeks earlier that Israel’s air and ground attacks were aimed at the “annihilation of the population” of Gaza.
The 1948 Genocide Convention, enacted in the wake of the mass murder of Jews in the Nazi genocide, defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
The acts of genocide named in the convention include killing members of a group, causing serious physical or mental harm to members of a group, and deliberately creating conditions of life designed to destroy the group in whole or in part.
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