World Court orders Israel to prevent acts of genocide in Gaza, stops short of mandating ceasefire

The International Court of Justice ruled in an overwhelming majority on Friday to impose temporary measures in South Africa’s complaint that Israel has breached the 1948 Genocide Convention in its ongoing onslaught against Gaza.

Stopping short of ordering a ceasefire, the court imposed an legally binding obligation on Israel to take immediate measures to ensure that its military does not committ acts of genocide against Palestinians in Gaza, stop and punish public incitement to genocide, immediately facilitate the entry of humanitarian aid into Gaza, and prevent the destruction of any evidence of genocide. 

Israel must also submit a report on its adherence to these measures to the ICJ within a month, to be shared with South Africa as well.

In the filing presented to the ICJ on December 29, South Africa outlined how Israel has breached its obligations under the 1948 Genocide Convention, drafted following the Holocaust, in its aggression on Gaza. In its 110-day campaign in Gaza, Israel has killed over 25,000 people and displaced nearly the entire strip’s population of 2.2 million people. The tens of thousands injured and millions displaced have also been unable to access basic provisions, health services and humanitarian assistance, as Israel has imposed a full siege on Gaza, attacked nearly every hospital in the enclave and hampered the delivery of aid through the Rafah crossing.The lawsuit asked the court to impose emergency provisional or short-term measures that would order Israel to halt its military assault on Gaza.

In its decision, the 17-judge panel of the ICJ rejected the Israeli legal team’s dispute of its jurisdiction in the case, accepting that South Africa has a standing to challenge Israel, on the grounds that all signatories of the convention have the right to ensure its broad application across all other member states.

While not making a judgement yet on whether Israel has breached the Genocide Convention in its military assault on Gaza, the court accepted that some of the acts committed by the Occupation’s military may have plausibly violated the treaty.

“In view of the fundamental values sought to be protected by the Genocide Convention, the court considers that the plausible rights in question in this proceeding, namely the right of Palestinians in the Gaza Strip to be protected from acts of genocide and related prohibited acts identified in Article 3 of the Genocide Convention and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the convention are of such a nature that prejudice to them is capable of causing irreparable harm,” the ruling said.

The court also accepted South Africa’s request for provisional measures, arguing they are urgent because “in these circumstances, the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgment.”

The provisional measures adopted by the court and the vote on each are as follows:

Vote: 15-2

Israel must take all measures within its power to prevent the commission of acts described in Article 2 of the Genocide Convention: “killing members of a group,” “causing serious bodily or mental harm to members of the group,” “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or part,” “imposing measures to prevent births within the group.” 

Israel must ensure with immediate effect that its military forces do not commit any of the aforementioned acts. 

Vote: 16-1

Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to Palestinians in the Gaza Strip.

Vote: 16-1

“Israel must 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 the Gaza Strip,” the ICJ indicated. 

Vote: 15-2

“Israel must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article 2 and Article 3 of the Genocide Convention against members of the Palestinian group in the Gaza Strip,” the court said.

Vote: 15-2

The court requests that Israel submit a report on its adherence to the ICJ’s provisional measures within one month. The report will then be submitted to South Africa.

In an initial reaction to the ruling, South Africa hailed it as a “decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.”

Speaking in the Hague, South Africa’s International Relations Minister Naledi Pandor said it is vital states "exercise their responsibility to protect global citizens."

"South Africa had the view that we could not sit idly by," she added.

For his part, Israeli Prime Minister Benjamin Netanyahu said in a video statement that Israel's "commitment to international law is unwavering," but he again rejected South Africa's case.

"The charge of genocide levelled against Israel is not only false, it’s outrageous, and decent people should reject it," said Netanyahu, before reiterating arguments that Israel is defending itself against Hamas, accusing the group of using Palestinians as “human shields.”

"Our war is against Hamas terrorists, not against Palestinian civilians," he added.