World Court Urges Israel to Prevent Genocide in Gaza, Stops Short of Ceasefire Order By Reuters

By Stephanie van den Berg, Bassam Masoud, and Nidal al-Mughrabi

THE HAGUE/GAZA – The International Court of Justice (ICJ) ordered Israel on Friday to take steps to prevent acts of genocide against Palestinians and to enhance its support for civilians. However, the court did not grant a ceasefire as requested by South Africa, the plaintiff in the case.

While the ruling fell short of the Palestinians’ desire for a binding order to end the conflict in Gaza, it represented a legal challenge for Israel, which sought to dismiss the case filed under the genocide convention established after the Holocaust that aimed to protect targeted groups.

The ICJ determined that there was a valid case regarding the denial of Palestinian rights amid a war that it said has inflicted severe humanitarian damage. The court also urged Palestinian armed groups to release hostages taken during the October 7 attacks on Israel, which triggered the ongoing conflict.

The Palestinian Foreign Ministry welcomed the decision, emphasizing that "no state is above the law." A senior Hamas official remarked that the ruling could aid in "isolating the occupation and exposing its crimes in Gaza."

Israeli Prime Minister Benjamin Netanyahu expressed approval of the court’s decision against a ceasefire but condemned the genocide allegation as "outrageous," reaffirming Israel’s right to defend itself.

Israel had aimed to have the case dismissed when South Africa initiated proceedings at the ICJ this month, arguing that the grave nature of genocide obligates all countries to prevent it.

Pretoria accused Israel of leading a genocidal campaign following an incursion by Hamas militants that resulted in the death of 1,200 people and the abduction of over 240 others.

The court was asked to impose urgent measures to halt the ongoing conflict, which Palestinian officials claim has resulted in more than 26,000 Palestinian deaths and widespread displacement due to extensive bombardment over the past three months.

The ICJ’s judges mandated that Israel take all necessary measures to prevent its forces from committing genocide, punish incitement, improve humanitarian conditions, and report back on its progress in a month’s time.

The judges did not address the substance of the genocide allegations, which may take years to resolve. Although the ruling cannot be appealed, the court lacks enforcement mechanisms.

In her statement, ICJ President Judge Joan Donoghue highlighted the serious situation faced by Palestinians in Gaza, particularly the impact on children, and referenced comprehensive accounts of the humanitarian crisis from U.N. officials. She noted that this justified the court’s emergency action to avert irreparable harm, also citing calls from Israeli leaders for aggressive military action to justify the court’s orders.

Israel dismissed South Africa’s claims as false and distorted, maintaining it acted in self-defense against an initial attack, and asserted that it makes significant efforts to safeguard civilians, attributing harm to Hamas’s operations within civilian areas, which Hamas denies.

South Africa described the court’s order as a "decisive victory" for the rule of international law, and both it and the European Union stressed that Israel must implement the ruling promptly and fully.

The United States pointed out that the ruling did not establish a finding of genocide and aligned with the U.S. perspective that Israel had the right to take necessary actions under international law to prevent a recurrence of the October 7 attacks.

In Gaza, heavy fighting has escalated, especially in densely populated regions where many have sought refuge from prior conflicts. Palestinians in the south expressed disappointment over the absence of a ceasefire but remained hopeful that the court’s decision might lead to accountability.

A human rights activist, Mustafa Ibrahim, characterized the court’s ruling as a victory.

In Israel, Jonathan Dekel-Chen, whose son is among those held hostage in Gaza, found solace in the ICJ’s call for the release of captives, emphasizing that Hamas’s initial assault instigated the war.

Hamas released a video on Friday featuring three female hostages requesting an end to the conflict, a move that Israel described as psychological manipulation.

Discussions are underway regarding a potential temporary pause in hostilities to facilitate the release of hostages and allow for increased aid to Gaza. U.S. President Joe Biden addressed this issue in a call with the Qatari emir, and hopes for progress were expressed by the White House.

A source indicated that U.S. and Israeli intelligence leaders are expected to meet with the Prime Minister of Qatar and Egypt’s intelligence chief in Europe to negotiate a second potential hostage deal.

The U.S. and Israeli intelligence previously collaborated with Qatari and Egyptian officials to secure a brief truce in November that resulted in the release of over 100 hostages. The Biden administration continues to work toward releasing the remaining hostages.

Meanwhile, Israeli forces intensified their bombardment of the southern city of Khan Younis, reporting extensive clashes with Hamas fighters and aerial strikes on militant infrastructure. Reports indicate that approximately 200 tunnel entrances were discovered and more than 130 sites associated with militants were destroyed in recent operations.

Residents noted that Israeli forces demolished buildings in the western part of the city as gun battles continued. Palestinians claim that Israel obstructs efforts to rescue the dead and wounded, as well as blocking hospital access, while Israel blames Hamas for deploying its fighters near these facilities.

In a related development, Hezbollah reported that four of its fighters were killed in an Israeli strike in southern Lebanon, as the group continued to exchange fire with Israeli forces following its rocket attacks since October 8 in support of Hamas.

Hezbollah stated that it launched rockets at Israeli military targets nine times on Friday, including strikes on significant military sites.

In another setback for Palestinians, the United States announced it would pause funding to the United Nations aid agency for Palestinian refugees following Israeli accusations of involvement by UNRWA employees in the October 7 attacks. UNRWA stated it was conducting an urgent investigation and would hold accountable any employees found to be involved in acts of terror.