ICJ asks Israel to prevent genocide, doesn't order end to Gaza war

The judges of the International Court of Justice (ICJ) in The Hague, the Netherlands.

THE HAGUE, Netherlands – The International Court of Justice in the Hague (ICJ) issued Friday a provisional order that Israel must refrain from acts that could lead to genocide but fell short of demanding that it stops the war.

After debating for two weeks a complaint submitted by South Africa, accusing Israel of genocide and asking the Court for provisional measures, the ICJ decided on Friday to accept only partially the requests by Pretoria.

The Court was critical of Israel’s actions in the Gaza Strip, referring on multiple occasions to reports by United Nations officials on the dire situation in the Strip, but made do with calling on Israel to prevent any future possible genocidal acts and to ensure the immediate entry into the enclave of humanitarian assistance. It also called on Israel to punish those who expressed incitement against Palestinians in Gaza and asked Jerusalem to report to it within a month on all the measures it has taken to comply with the Court’s orders.

The decision to adopt these measures was approved by a large majority of the ICJ panel, of 15 to two.

South African Foreign Minister Naledi Pandor expressed satisfaction over the ruling but admitted she had hoped for the Court to include the word ‘’cessation’’ in its judgment.

World Court refers to Gaza humanitarian crisis in ruling

The Court in the Hague convened as hundreds of pro-Palestinian activists gathered outside the compound to demonstrate. A pro-Israeli demonstration also took place, a few hundred meters away, with police separating both sides. A delegation of five reserve soldiers, organized by the DiploAct group – formerly named ‘’Reservists On Duty’’ – joined the pro-Israeli demonstration. The five have served for more than two months in Gaza, and came to the Hague to tell the world from personal experience that no genocidal acts were committed by the IDF.

The Court session was presided by Judge Joanne Donoghue, who first presented the motivations for the decision, and then read the operative part. After the reading by Donoghue, a court clerk read a summary of it in French. Israel has not asked for the decision to be published also in Hebrew.

World Court rules on Gaza emergency measures in Israel genocide case, in The Hague (credit: PIROSCHKA VAN DE WOUW/REUTERS)

World Court rules on Gaza emergency measures in Israel genocide case, in The Hague (credit: PIROSCHKA VAN DE WOUW/REUTERS)

Donoghue said that all the conditions for the Court to address this case were indeed fulfilled, including the South African claim over a dispute between itself and Israel, an argument Israel had rejected during the hearing on Jan. 12.

She said that the case fell within the jurisdiction of the Court, as South Africa showed plausibility of risk for genocidal acts against the Palestinian population in Gaza. Still, the judge noted that Friday’s ruling indicates nothing as far as the soon-to-start deliberations over the South African claim that Israel was committing genocide. The Court, she noted, only decided for the moment that there was a risk for the Gaza population, which merited measures to protect it.

Donoghue referred extensively to the urgency of the humanitarian crisis in Gaza, citing reports and statements by UN Secretary General Antonio Gutters on the ‘’devastating levels of death and destruction,’’ in the Strip and reports by the World Health Organization on the dire medical situation there. She warned that many children in Gaza might never recover from the trauma and injuries inflicted upon them.

Donoghue especially criticized allegedly inciting statements made by Prime Minister Benjamin Netanyahu, President Issac Herzog, and Defense Minister Yoav Gallant, noting that the Israeli premier had clarified last week that the war will continue for many more months.

‘’South Africa’s baseless accusations, and its attempt to empty the word genocide of its unique force and special meaning, have been widely denounced by numerous States known for their commitment to the rule of law. Israel is confident that the Court will likewise reject these unfounded claims at the merits phase of proceedings,’’ read a statement issued by Israel’s Foreign Ministry after the decision of the ICJ.

The statement further noted that ‘’on the eve of Jan. 27, International Holocaust Remembrance Day, Israel calls on all those genuinely committed to the solemn promise of “never again” enshrined in the Genocide Convention, to reject the unconscionable efforts to distort the truth in support of a genocidal terrorist organization.’’

Foreign Minister Israel Katz said that “Israel’s commitment to international law is unwavering. It exists independently of any ICJ proceedings, as does Israel’s inherent right to defend itself against the genocidal terrorists of Hamas.’’

Ambassador (ret) Daniel Carmon had served as Deputy Representative at Israel’s Mission to the United Nations in New York. He warned that while each decision of the ICJ is independent, Friday’s ruling could certainly influence and dissipate into other international rulings related to the region. Carmon reminded that the ICJ is expected to hold a public hearing on February 19 on the request by the United Nations for an advisory opinion in respect of the legal consequences arising from the policies and practices of Israel in Palestinian territories.

‘’The February hearing follows a request by the UN from 2021 for an advisory opinion, and in this case, it is clear that the Court will slam Israel over its settlement policies. Here we are talking not just on inflammatory statements attributed to politicians who are not decision-makers, but on decisions taken by the government, first and foremost by far-right Ministers Bezalel Smotrich and Itamar Ben-Gvir, to bolster the settlement enterprise,’’ said Carmon.