South Africa requested an immediate halt to Israel's military operation in Gaza
A defiant Netanyahu has vowed to ‘continue to do what is necessary’ in Gaza after the UN’s top court told Israel to prevent genocide, but stopped short of calling for a ceasefire as it ruled on a case brought by South Africa at The Hague.
The International Court of Justice demanded that Israel try to contain death and damage in its military offensive, ruling that Israel must do all it can to prevent genocide, including refraining from killing Palestinians or causing harm to them.
But the court stopped short of ordering a ceasefire in Gaza in a genocide case filed by South Africa.
After the ruling today, Israeli Prime Minister Benjamin Netanyahu said the fact that the court was willing to discuss the genocide charges was a ‘mark of shame that will not be erased for generations’, and he vowed to press ahead with the war.
He said: ‘Like every country, Israel has the basic right to defend itself. The court in the Hague rightfully rejected the outrageous request to take that away from us.’
‘We will continue to do what is necessary to defend our country and defend our people.’
An Israeli tank and other military vehicles guard a position as Palestinians flee Khan Yunis in the southern Gaza Strip on January 26, 2024
South African professor of International Law John Dugard and South African Minister of International Relations and Cooperation Naledi Pandor
In a sweeping ruling, a large majority of the 17-judge panel of the ICJ voted for urgent measures which covered most of what South African asked for – with the notable exception of ordering a halt to Israeli military action in Gaza.
The court ordered Israel to refrain from any acts that could fall under the genocide convention and also ensure that its troops do not commit any genocidal acts in Gaza.
It also ruled it urgently needs to get basic aid to people in Gaza and that Israel should prevent and punish any incitement to genocide, among other measures.
The court said Israel should submit a report on measures taken within a month.
The court also expressed grave concern for the hostages who were kidnapped by by Hamas on October 7 and are still being held in Gaza, and called for the terror group to release them immediately.
‘The court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering,’ Joan E Donoghue, the court’s president, said.
In bringing the case to the International Court of Justice (ICJ), South Africa had requested an immediate halt to Israel’s military operation in the Gaza Strip.
Hamas called the ruling ‘an important development which contributes to isolating Israel and exposing its crimes in Gaza.’
Palestinian foreign minister Riyad al-Maliki welcomed ‘the significant order’. He said that the judges ‘ruled in favour of humanity and international law’.
South Africa hailed the ruling a ‘decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.’
The country’s department of international relations and cooperation said in a statement: ‘South Africa sincerely hopes that Israel will not act to frustrate the application of this Order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do.’
It added that South Africa would continue to act within the institutions of global governance to protect the rights of Palestinians in Gaza.
Interested parties during a demonstration in solidarity with the Palestinian population, and in support of the South African cause
Protesters hold a Palestinian flag as they gather outside the International Court of Justice (ICJ) as judges rule on emergency measures against Israel
The ruling is interim and the court has not yet ruled on the core of the case brought by South Africa – whether genocide has occurred in Gaza.
A ruling on genocide is likely to take years, while the measures called for today are designed to protect Palestinians as the conflict rages on.
Israel rejects the genocide accusation and had asked the court to throw the charges out.
While the case winds its way through the court, South Africa had asked the judges ‘as a matter of extreme urgency’ to impose provisional measures.
Top of the South African list was a request for the court to order Israel to ‘immediately suspend its military operations in and against Gaza’.
But the court declined to do that.
South African officials listen as the ICJ rules on their country’s case against Israel at the Hague
Israel’s deputy Attorney-General for International Law Gilad Noam and British jurist Malcolm Shaw
The onslaught has been ongoing for more than 100 days, and has laid waste to much of the enclave and killed more than 26,000 Palestinians, according to Gaza health authorities.
South Africa argued two weeks ago that Israel’s aerial and ground offensive was aimed to bring about ‘the destruction of the population’ of Gaza.
Israel had asked the court to reject the case outright, saying it respects international law and has a right to defend itself.
It has called South Africa’s allegations false and ‘grossly distorted’, and said it makes the utmost efforts to avoid civilian casualties.
Israel unleashed its war in Gaza after Hamas launched a cross-border rampage on October 7.
Palestinian terrorists killed 1,200 people, most of whom were civilians, and took 240 hostage, according to Israeli figures.
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