The International Court of Justice (ICJ) has ordered Israel to take urgent measures to prevent acts of genocide against the Palestinians in Gaza, in a landmark case brought by South Africa.
The ICJ, the highest judicial body of the United Nations, issued the ruling on Friday after hearing arguments from both sides in The Hague. It said Israel had violated the 1948 Genocide Convention, which obliges states to prevent and punish the crime of genocide.
The court also said Israel had breached its obligations under international humanitarian law and human rights law by using excessive and indiscriminate force, imposing a blockade, and restricting access to humanitarian aid and medical care in Gaza.
The court did not call for an immediate ceasefire, but said Israel must “refrain from any action that may aggravate the situation or make it more difficult to resolve”. It also urged both parties to cooperate with the UN and other international bodies to protect civilians and end the conflict.
The ruling is binding and not subject to appeal, but the court has no means of enforcing it. Israel has rejected the court’s jurisdiction and dismissed the case as “politically motivated”.
“We believe that former President Mandela will be smiling in his grave as one of the advocates for the Genocide Convention,” Justice Minister Ronald Lamola told Reuters. “It is a victory for the international law that there could be no exceptionalism in any part of the world and Israel cannot be exempt from complying with its international obligations.”
South Africa also said it hoped the ruling would pave the way for a peaceful and just solution to the Israeli-Palestinian conflict, based on the two-state formula and the recognition of each other’s right to exist.
Israel’s reaction
Israel’s Prime Minister Benjamin Netanyahu denounced the ruling as “outrageous” and “false”. He said Israel was not committing genocide, but defending itself against Hamas, the Islamist group that controls Gaza and has fired thousands of rockets at Israeli cities.
Netanyahu also accused South Africa of hypocrisy and double standards, saying it had ignored the atrocities committed by other countries in the region, such as Iran, Syria, and Turkey.
He said Israel would continue to fight for its security and sovereignty, and would not bow to any pressure or intimidation from the international community.
The ICJ ruling comes amid a surge of violence in Gaza, where more than 2,000 people have been killed and over 10,000 injured since the latest round of hostilities erupted in 2023. The UN has warned of a humanitarian catastrophe, with millions of people facing shortages of food, water, electricity, and medicine.
The court said it would continue to examine the core of South Africa’s case, whether genocide has occurred in Gaza, which could take years to conclude. It also said it would monitor the implementation of its provisional measures and report to the UN Security Council.
The Genocide Convention, which was adopted after the Holocaust, defines genocide as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. It has been ratified by 152 states, including Israel and South Africa.
Source: Reuters
