The International Court of Justice approved provisional measures calling on Israel to do all it can to protect civilians and prevent genocide in Gaza.
The top U.N. court's 29-page order on Friday represented an interim victory for South Africa in its case accusing the Israeli military of genocide in Gaza, which Israel strongly denies, but still disappointed Palestinians who hoped the court would declare the need for an immediate cease-fire.
“The court considers that the civilian population in the Gaza Strip remains extremely vulnerable,” said ICJ's president, Judge Joan Donoghue, a former U.S. State Department employee. “The court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the Court renders its final judgment.”
Its provisional measures are similar to a temporary injunction before a final decision, which is likely to take years in this case. Though its measures are mandatory, the court lacks the power to enforce them.
But the court, established in 1945 to settle disputes among countries, also emphasized it has jurisdiction in the case and argued there is an urgent need for provisional measures because of the plausibility of genocide.
It called on Israel to prevent the possibility of genocide by allowing more aid to enter the war-torn region and by punishing its own officials and soldiers whose public statements effectively are incitement.
"An immediate ceasefire by all parties remains essential and – although not ordered by the court – is the most effective condition to implement the provisional measures and end unprecedented civilian suffering," said Amnesty International's secretary general, Agnès Callamard. "Today’s decision is an authoritative reminder of the crucial role of international law in preventing genocide and protecting all victims of atrocity crimes."
More than three-fourths of Gaza's 2.2 million population, or 1.7 million people, are displaced, according to the U.N. Office for the Coordination of Humanitarian Affairs.
At least 27,100 people – 25,900 Palestinians and 1,200 Israelis – have been killed in the war since Hamas militants' Oct. 7 surprise attack on Israel and hostage-taking, OCHA reported. Another 69,541 people, mostly Palestinians, have been injured.
U.N. Secretary-General António Guterres noted that the decisions of The Hague, Netherlands-based court are binding and "trusts that all parties will duly comply with the order," his spokesman, Stéphane Dujarric, said.
A call for a cease-fire 'by implication'
South Africa alleged Israel’s campaign in Gaza amounts to genocide and must be stopped. Though the order does not reflect a decision on the merits of the genocide allegations, South Africa's government called it "a decisive victory for the international rule of law and a significant milestone" in seeking justice for Palestinians.
"If you read the order, by implication a ceasefire must happen," said South Africa's foreign minister, Naledi Pandor. "How do you provide aid and water without a ceasefire?"
Riyadh al-Maliki, the Palestinian foreign minister, also called the decision a significant order. "The ICJ ruling is an important reminder that no state is above the law or beyond the reach of justice," he said. "It breaks Israel's entrenched culture of criminality and impunity, which has characterized its decades-long occupation, dispossession, persecution and apartheid in Palestine."
Israel's prime minister, Benjamin Netanyahu, said in response to the ruling that his nation's commitment to international law is "unwavering," as is "our sacred commitment to continue to defend our country and defend our people." He said Israel would "continue to facilitate humanitarian assistance, and to do our utmost to keep civilians out of harm's way."
The order, issued by an international panel of 17 judges, includes six provisional measures calling on Israel to:
- Take all measures within its power to prevent the commission of all acts within the scope of the U.N. genocide convention.
- Ensure with immediate effect that its military does not commit any acts described in point 1 above.
- Take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
- 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.
- Take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of the relevant articles in the genocide convention.
- Submit a report to the court on all measures taken to give effect to this order within one month as from the date of this order.
