The International Court of Justice, also known as the World Court, found that there was a case to be heard on whether Palestinian rights had been denied during a war. The ruling also called on Palestinian armed groups to release hostages taken during the October 7 attack on Israel.
Judges at the International Court of Justice (ICJ) rule on emergency measures against Israel following South Africa's accusation that Israel's military operation in Gaza constitutes genocide, in The Hague, Netherlands on January 26, 2024. Photo: Reuters
The Palestinian Foreign Ministry said the decision was a welcome reminder that “no state is above the law.” Meanwhile, Israeli Prime Minister Benjamin Netanyahu also welcomed the ICJ’s decision not to order a ceasefire, but rejected the genocide accusation and said Israel would continue to defend itself.
South Africa has previously accused Israel of committing genocide in its offensive on Gaza, which began after Hamas militants stormed Israel, killing 1,200 people and kidnapping more than 240.
They asked the court to issue emergency measures to stop the fighting, which Palestinian officials say has killed more than 26,000 Palestinians and displaced much of the population in a fierce bombing campaign that has lasted more than three months.
The ICJ judges ordered Israel to take all measures in its power to prevent its military from committing genocide, punish incitement, take steps to improve the humanitarian situation and report back on its progress in a month.
The ruling does not rule on whether the genocide allegations are true, which could take years. In addition to the fact that the ruling cannot be appealed, the UN’s highest court in The Hague, Netherlands, has no mechanism to enforce its decisions.
Reading out the decision, ICJ President Joan Donoghue described the plight of Palestinians in Gaza, pointing to the harm to children and citing detailed descriptions of the humanitarian emergency from United Nations officials.
Israel has called South Africa's accusations false and "grossly distorted". It says it acted in self-defense and that the enemy attacked first, and has done its utmost to protect civilians. Israel blames Hamas for using civilians as human shields, which the militants deny.
South Africa called the court order a "decisive victory" for the international rule of law. It and the European Union said Israel must implement the order immediately and fully.
The United States noted that the ruling did not make a finding of genocide and said it was consistent with the U.S. view that Israel had the right to act in accordance with international law to prevent any repeat of the October 7 attack.
Huy Hoang (according to ICJ, Reuters, AP)
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