ICJ rules that Israel must prevent acts of genocide in Gaza: key findings | Israel's war against Gaza News


The International Court of Justice issues a long-awaited ruling in South Africa's case against Israel for genocidal acts in Gaza.

The International Court of Justice (ICJ) has issued its long-awaited interim ruling in South Africa's case against Israel for alleged genocidal acts in Gaza.

Here are the highlights of the provisional measures ordered Friday by the court in a case that has sparked global interest:

Genocide prevention

The World Court ordered Israel to take measures to prevent acts of genocide while waging war against the Hamas group in the Gaza Strip.

In the ruling, 15 of the 17 ICJ judges voted in favor of emergency measures that covered most of what South Africa had asked for, with the notable exception of ordering a halt to Israeli military action in Gaza.

Israel's military operation has leveled much of the densely populated enclave and killed more than 26,000 Palestinians in nearly four months, according to Gaza health authorities. The war has now been going on for more than 100 days since Hamas attacked southern Israel on October 7, killing 1,139 people and taking 240 captive.

No ceasefire

The court stopped short of calling for an immediate ceasefire. Less than two years ago, in March 2022, he had ordered Russia to end its war against Ukraine after kyiv took Moscow to the ICJ.

On Friday, the ICJ refrained from repeating the provisional measures it had ordered against Russia, which Moscow has ignored.

South African Foreign Minister Naledi Pandor, who was in court when the judges handed down their ruling, said she had been “hoping” that the interim measures would include ordering a ceasefire.

But Pandor also argued that he did not see how Israel could implement the measures ordered by the ICJ without a ceasefire.

The ICJ has jurisdiction

Israel had insisted in its arguments this month that the ICJ had no jurisdiction in the case. But on Friday, Judge Joan Donoghue, president of the ICJ, said the court had concluded that it could rule on the matter and specifically that it could order interim measures.

He highlighted South Africa's previous public statements suggesting Israel may have violated its commitments under the 1948 Genocide Convention.

Additionally, Donoghue noted that Israel has consistently rejected any accusations of genocide in Gaza. He highlighted the opposing positions of the parties involved to underline that there is a dispute between the two parties. Donoghue said that, based on the evidence presented, some of the acts and omissions of Israel and its officials appear to fall within the scope of the Genocide Convention.

Not for me, but it may be a matter of time.
A Palestinian supporter demonstrates in front of the International Court of Justice. [Piroschka van de Wouw/Reuters]

Prevent and punish incitement to genocide in Gaza

The court also warned Israel to “take all measures within its power to prevent” acts that could fall under the Genocide Convention, established as the world grappled with the horrors of the Holocaust.

He also said Israel should “prevent and punish” any incitement to genocide.

South Africa has accused Israel of “genocidal” acts intended to cause the “destruction of a substantial part of the Palestinian national, racial and ethnic group.”

He had urged the court to order Israel to “immediately suspend” its military operations in Gaza and allow humanitarian aid to reach civilians there.

Israel must report within a month

The judges ruled that Israel must report to the court within a month on what it is doing to uphold the order to take all measures at its disposal to prevent acts of genocide in Gaza.

Donoghue said the ruling creates international legal obligations for Israel.

Allow humanitarian aid to enter the strip.

The court also ruled that Israel must quickly implement “immediate and effective” measures to ensure the delivery of urgently needed humanitarian aid and basic services to Gaza.

Hamas, which has ruled Gaza for the past 16 years, praised the court's “important” ruling, saying it “contributes to isolating Israel.”

“He [International] “The Court of Justice's decision is an important development that contributes to isolating Israel and exposing its crimes in Gaza,” he said in a statement.

scroll to top