Key Points
- The World Court has ordered Israel to implement emergency measures to prevent acts of genocide in its war on Gaza.
- The International Court of Justice stopped short of calling for a ceasefire when delivering its ruling.
- The court did not rule on whether or not Israel has committed genocide in Gaza — that process could take years.
The World Court has ordered Israel to take action to prevent acts of genocide in its war against Hamas militants in the Gaza Strip, but it stopped short of calling for an immediate ceasefire.
Ruling on a , the court said Israel must ensure its forces did not commit genocide and take measures to improve the humanitarian situation 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 covered most of what South Africa asked for, with the notable exception of ordering a halt to Israeli military action in Gaza.
While the ruling denied Palestinian hopes of a binding order to halt the war in Gaza, it also represented a legal setback for Israel, which had hoped to throw out a case brought under the Genocide Convention established in the ashes of the Holocaust.
The International Court of Justice (ICJ) found on Friday that there was a case to be heard about whether Palestinian rights were being denied in a war it said was causing grievous humanitarian harm.
It also called for Palestinian armed groups to release hostages captured in the 7 October attacks on Israel that precipitated the conflict.
Israel’s military operation has laid waste to much of the densely populated enclave and killed more than 25,000 Palestinians in nearly four months, according to Gaza health authorities.
Israel unleashed its assault after a cross-border rampage on 7 October by Hamas militants. Israeli officials said 1,200 people were killed, mostly civilians, and 240 taken hostage.
The World Court ordered Israel to implement six provisional measures in its ruling. Source: AAP / Remko de Waal/EPA
What was South Africa’s case against Israel?
In late December, South Africa asked the International Court of Justice for an urgent order declaring that Israel was in breach of its obligations under the 1948 Genocide Convention.
, also known as the World Court, under the legal principle that genocide is such a grave crime that all countries are duty-bound to prevent it.
South Africa asked the court to grant emergency measures to halt the fighting, which has displaced the majority of the Palestinian population. Israel had sought to have the case thrown out.
What did the ICJ rule?
On Friday, the court ordered Israel to take “all measures within its power” to prevent its troops from committing acts of genocide.
“At least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the (Genocide) Convention,” the judges said.
The ruling required Israel to prevent and punish any public incitements to commit genocide against Palestinians in Gaza and to preserve evidence related to any allegations of genocide there.
Israel must also take measures to improve the humanitarian situation for Palestinian civilians in the enclave, it said.
Palestinians arrive in the southern Gaza town of Rafah after fleeing an Israeli ground and air offensive in the nearby city of Khan Younis. Source: AAP / Fatima Shbair/AP
However, the court did not demand an immediate ceasefire in Gaza, something that Israel says would allow Hamas militants to regroup and to launch new attacks on the country.
The court also said it was “gravely concerned” about the fate of hostages held in Gaza and called on Hamas and other armed groups to immediately release them without conditions.
The war between Hamas and Israel is the latest escalation in a long-standing conflict.
Hamas is a Palestinian political and military group, which has governed the Gaza Strip since the most recent elections in 2006.
Hamas’ stated aim is to establish a Palestinian state and stop the Israeli occupation of Gaza and the West Bank, illegal under international law.
Hamas in its entirety is listed as a terrorist organisation by the European Union and seven other countries, including Australia
In 2021 the International Criminal Court opened an investigation into alleged Israeli war crimes in the Palestinian territories dating back to 2014, including the recent attacks of both Israel and Hamas.
What happens now?
Israel will be required to submit a report to the court on the steps it has taken to comply with the orders within one month of the ruling.
But while the ICJ’s decisions are final and without appeal, the court has no way to enforce them.
The court did not rule at this stage on the core of the case brought by South Africa – whether genocide has occurred in Gaza.
The court will examine in detail the merits of the case, a process that could take years. But it recognised the right of Palestinians in Gaza to be protected from acts of genocide.
Presiding judge Joan Donoghue highlighted the plight of Palestinians in Gaza, singling out harm to children, when delivering the court’s ruling. Source: AAP / Patrick Post/AP
When reading out the decision, ICJ president Judge Joan Donoghue described the plight of Palestinians in Gaza, singling out harm to children and quoting detailed descriptions of the humanitarian emergency from UN officials.
This, she said, justified the court’s decision to take emergency action to prevent irreparable harm.
She also read out calls from Israeli officials for a harsh campaign, which she said justified the court’s order to Israel to punish people guilty of incitement.
What was the reaction to the ICJ’s ruling?
Palestinians broadly welcomed Friday’s ruling, with its foreign ministry saying the decision was a reminder “no state is above the law”.
“The ICJ judges assessed the facts and the law, they ruled in favour of humanity and international law,” Palestinian foreign minister Riyad al-Maliki said.
Israeli Prime Minister Benjamin Netanyahu said the charge of genocide levelled against Israel was “outrageous” and said it would do whatever is necessary to defend itself.
Israel had an “unwavering commitment” to international law, he said.
Defence Minister Yoav Gallant expressed dismay that the ICJ did not reject South Africa’s petition outright, while National Security Minister Itamar Ben-Gvir appeared to mock the ruling on social media platform X: “Hague Shmague”.
South Africa hailed the court order as a “decisive victory” for international rule of law and both it and the European Union said Israel must implement it immediately and in full.
The United States noted the ruling did not make a finding about genocide and said it aligned with the US view that Israel had the right to take action in accordance with international law to prevent any repeat of the 7 October attacks.
