ICJ’s Landmark Decision: Orders Israel to Prevent Genocide and Improve Humanitarian Situation, Stops Short of Ceasefire
World Court of Justice (ICJ) ordered Israel on Friday to take measures preventing acts of genocide against Palestinians and to improve the humanitarian situation in the ongoing conflict. However, the court did not grant South Africa’s request for an immediate ceasefire. The ruling, seen as a legal setback for Israel, acknowledged a case about the denial of Palestinian rights and the severe humanitarian harm caused by the conflict.
The case, brought by South Africa, accused Israel of state-led genocide in response to an offensive initiated by Hamas militants. While the ICJ did not determine the merits of the genocide allegations, it ordered Israel to prevent its troops from committing genocide, punish acts of incitement, and improve the overall humanitarian situation. The court also called for the release of hostages captured in the October 7 attacks on Israel that triggered the conflict.
The decision was welcomed by the Palestinian Foreign Ministry, emphasizing that no state is above the law. Hamas official Sami Abu Zuhri viewed the ruling as contributing to isolating the occupation and exposing its crimes in Gaza. However, Israeli Prime Minister Benjamin Netanyahu rejected the claim of genocide as “outrageous” and affirmed Israel’s commitment to self-defense.
Israel had sought to have the case dismissed, arguing that all countries are duty-bound to prevent genocide. Pretoria’s accusations included state-led genocide, with the conflict resulting in over 26,000 Palestinian casualties and the majority of the population being displaced during the three-month campaign.
The ICJ judges ordered Israel to report back on its progress in a month, and while the ruling cannot be appealed, the court lacks mechanisms to enforce its decision. ICJ President Judge Joan Donoghue highlighted the dire situation in Gaza, particularly the harm to children, quoting detailed descriptions from U.N. officials to justify emergency action.
On the ground in Gaza, heavy fighting erupted in crowded areas where hundreds of thousands had sought refuge. Palestinians expressed disappointment at the absence of a ceasefire order but hoped the ruling would bring accountability. In Israel, the call for the release of captives was seen as encouraging, reflecting the perspective that the Hamas assault had triggered the conflict.
The United States noted that the ruling did not make a finding about genocide and aligned with Israel’s right to take action in accordance with international law. South Africa and the European Union considered the court order a decisive victory for international rule of law, urging Israel to implement it immediately and in full.
Efforts for a temporary pause in fighting to release hostages and allow aid into Gaza gained momentum. U.S. President Joe Biden discussed the issue with the emir of Qatar, and talks between U.S. Central Intelligence Agency Director William Burns, his Israeli counterpart, and officials from Qatar and Egypt were expected to take place for a potential Gaza hostage deal.
On the ground, Israel continued its bombardment of Khan Younis, reporting intensive battles and strikes on Hamas fighters and infrastructure. The discovery of tunnel shafts and destruction of militant sites were highlighted in Israeli operations. Palestinians accused Israel of hampering rescue efforts and blockading hospitals, while Hezbollah reported casualties in southern Lebanon amid exchanges of fire with Israel.
In a new development, the United States announced a pause in funding to the UN aid agency for Palestinian refugees (UNRWA) after Israel alleged that 12 UNRWA employees were involved in the October 7 attacks. UNRWA stated it was urgently investigating, emphasizing that any employee involved in acts of terror would be held accountable. The situation remains complex and fluid, with diplomatic efforts ongoing to address the multifaceted challenges in the Israel-Palestine conflict.
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