ICJ genocide case: The International Court of Justice on Friday, in a landmark case, ruled in favour of South Africa and ordered Israel to do it all can to prevent death, destruction and acts of genocide in the Gaza Strip, where more than 26,000 people have been killed, and do more to help civilians amid the humanitarian catastrophe in the besieged Palestinian enclave. However, the top UN court stopped short of ordering a ceasefire, as requested by South Africa.
The court laid out a total of six steps for Israel to follow in Gaza, although they will be difficult to achieve without a form of ceasefire or pause in the fighting, for which negotiations are reportedly ongoing. The ruling was a legal setback for Israel, accused under the genocide convention established years after the Holocaust that targeted millions of Jews. The ICJ found there was a case for the deprivation of rights to Palestinians and rejected Israel's petition to throw out the case brought by South Africa.
South Africa accused Israel of state-led genocide in Gaza, which goes to the core of one of the world's intractable conflicts, and asked the court to grant emergency measures to halt the fighting. Israel called South Africa's allegations false and "grossly distorted" and asserted that it acted in self-defence and did all it could to protect civilians.
ICJ President Judge Joan Donoghue in her decision described the grievous harm caused to Palestinians during the three-month military campaign, particularly harm to children, as nearly 85% of the 2.3 million population of Gaza was driven out of their homes. Quoting detailed descriptions of the humanitarian crisis from UN officials, she said this justified the court's decision to take emergency action to prevent irreparable harm.
Donoghue also read out calls from Israeli officials, including ministers from Israeli Prime Minister Benjamin Netanyahu's right-wing coalition government, for a harsh campaign, which she said justified the court's order to Israel to punish people guilty of incitement. Although a significant decision, the UN court denied Palestinians a binding order to halt the war and faces multiple challenges to enforce the order.
What did the court order Israel to do?
In one of the most closely-watched rulings, the 17-member panel of the UN top court ordered Israel to prevent acts of genocide against Palestinians in Gaza, while also calling for the release of remaining hostages captured by Hamas on October 7. The court ordered Israel to “take all measures within its power to prevent the commission of all acts within the scope” of the 1948 Genocide Convention, which was approved by a 15-2 vote.
It also told the Israeli government to ensure "with immediate effect that its military does not commit any acts" described in the aforementioned point, which was approved in a 15-2 vote. The court said Israel should 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", which was approved in a 16-1 vote.
Israel was also ordered to "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 Gaza, approved in a 16-1 vote. The court also ordered "effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope" of the genocide convention (15-2). Lastly, the court ordered Israel to submit a report to the court on all measures within a month of the verdict (15-2).
Reactions to the ICJ verdict
Nearly all sides tried to claim victory with the ruling. South African President Cyril said the decision "vindicated" the country's decision to charge Israel of genocide during its devastating military campaign. "We, as South Africans, will not be passive bystanders and watch the crimes that were visited upon us being perpetrated elsewhere. We expect Israel as a self-proclaimed democracy and a state that respects the rule of law to abide by the measures," he said in an address to the nation.
Netanyahu welcomed the court's decision to not order a ceasefire, but called the verdict "outrageous" and said Israel would continue to defend itself. "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 levelled against Israel is not only false, it's outrageous, and decent people everywhere should reject it," he said.
"The ICJ judges assessed the facts and the law, they ruled in favour of humanity and international law. We call on all states to ensure that all provisional measures ordered by the Court are implemented, including by Israel, the occupying power. This is a binding legal obligation," said Palestinian Foreign Minister Riyad al-Maliki.
The US, Israel's closest ally that has recently expressed concern over the rising civilian casualties in Gaza, said the ruling did not make a finding about genocide and the verdict aligned with the US view that Israel has the right to take action in accordance with international law to prevent a repetition of the October attacks that killed 1,200 people in the Jewish country.
International calls for genocide
The court did not, however, order a ceasefire in the nearly four-month-long war between Israel and Hamas, desperately sought by Palestinians for much-needed relief as Israel's military wreaked havoc on the Palestinian territory. Several countries were alarmed by the escalating toll on Gaza's population and asked for an immediate ceasefire, but that decision will likely take years.
However, repeated attempts at the UN could not amount to a ceasefire, mostly due to a US veto. Israel's airstrikes and ground operations killed more than 26,000 civilians, mostly women and children, flattened much of the enclave and drove almost the entire population from their homes. Several Palestinians have now fled to Rafah in south Gaza after being told to leave Khan Younis.
The ICJ's decision focused almost entirely on the plight of Gaza’s Palestinian civilians and urged Israel to do more to facilitate the entry of humanitarian aid. It also expressed concern about the fate of the hostages and called for their unconditional and immediate release. Hamas says they will release hostages until Israel completely halts their offensive.
Differences between US and Israel
The decision comes at a critical time when an apparent rift has developed between the United States and Israel over the relentless attacks and the governance of a postwar Gaza. Netanyahu has publicly rejected US President Joe Biden's push for Palestinian statehood and said it was becoming a launching pad for attacks on Israel.
Since Israel's ground offensive began in late October, Washington has raised concerns and asked Israel for information about incidents, but has rarely been openly critical of a specific Israeli action. Israeli Prime Minister Benjamin Netanyahu has vowed to press ahead until Israel crushes the ruling Hamas militant group and wins the freedom of over 100 hostages held captive in Gaza.
Netanyahu is facing his own share of pressures at home, as relatives of the hostages have called for an urgent ceasefire and demanded the government to ensure the release of their loved ones. Dozens of family members of hostages held by Hamas stormed a committee meeting in Israel’s parliament on Monday, demanding a deal for the release of their loved ones.
Friday's ruling has drawn attention to US position to back Israeli effort, shield its ally from international criticism and its continued weapons delivery to the Israeli military. “States now have clear legal obligations to stop Israel’s genocidal war on the Palestinian people in Gaza and to make sure that they are not complicit,” the Palestinian Foreign Ministry said.
The US has said it would like to see a revitalised Palestinian Authority, ousted by Hamas in 2007, return to power in Gaza after the war. However, Netanyahu rejects the authority's position and has sought Israeli control of a postwar Gaza Strip.
Israel's operations continue
Despite the UN court ruling, Israel's military operations in the Gaza Strip have not slowed down, as it reported killing at least 11 militants over the past 24 hours in Gaza's Khan Younis on Saturday. The heaviest fighting is now taking place in crowded areas with hundreds of thousands of people, particularly in Khan Younis, which Israel claims is is the principal headquarters of the Hamas militants responsible for the October 7 attacks
Israel kept up its bombardment of the main southern city of Khan Younis on Friday, reporting "intensive battles" and strikes on Hamas fighters and infrastructure from the air and ground. Gaza's Health Ministry and witnesses alleged that Israeli troops opened fire on a crowd of Palestinians waiting for humanitarian aid in Gaza City, killing 20 and wounding dozens of others on Thursday.
The military says it has largely dismantled Hamas in northern Gaza but is still facing pockets of resistance, and large swaths of Gaza City and surrounding areas have been reduced to rubble by Israeli bombardment. At least 220 Israeli soldiers have been killed since the start of the ground operations.
What happens now?
Although the ICJ's decisions are final and without appeal but the court has no way to enforce them. Its rulings are sometimes ignored, such as in 2022 when it ordered Russia to immediately halt its military campaign in Ukraine, which fell on deaf ears.
Israel has been ordered to submit a report to the court on the steps it has taken to comply with the orders within one month of the ruling. The court will examine in detail the merits of the case, a process which could take years. It is also unclear whether Israel would truly halt its campaign after the verdict, as any possible actions might be vetoed by the US.
Palestinians argued that although the ruling did not include a ceasefire, it might lead to some accountability on Israel's actions that have killed so many people in Gaza. Merav Michaeli, leader of Israel’s opposition Labor Party, called the ruling a “yellow card” against a government that she said “is causing enormous international damage to the country.”
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