The International Court of Justice (ICJ), in its first ruling on urgent measures sought by South Africa in its genocide case against Israel over the ongoing conflict in Gaza, has issued a series of directives to alleviate the humanitarian crisis.
South Africa, in line with its long-standing commitment to the Palestinian cause, brought the case of genocide against Israel before the ICJ. Israel is alleged to have committed acts of genocide against a civilian population, in particular children, as well as acts of mass displacement and destruction.
At Friday’s hearing, the Hague-based ICJ demanded that Israel take immediate and effective measures to limit loss of life and damage in Gaza. The court stopped short of ordering Israel to stop its military operations, but did require it to take additional measures to protect Palestinians. It also instructed Israel to allow the delivery of urgently needed basic services and humanitarian aid to the region.
A key element of the judgment is the ICJ’s order to Israel to prevent and punish direct incitement to genocide in Gaza. The court underlined the importance of upholding international legal obligations to protect the rights of Palestinians and to prevent acts of genocide. Israel was ordered to report to the court within one month on the measures it is taking to comply with the order.
The presiding judge, Joan Donoghue, emphasised the significance of the ruling, saying that it created an obligation under international law for Israel to prevent acts of genocide. The ICJ also ordered Israel to preserve evidence relating to alleged acts of genocide.
In addition, Israel is required to submit a report to the court within one month detailing its efforts to comply with the directive to use all available means within its power to prevent acts of genocide in Gaza.
The court also examined the issue of ‘dehumanising language’ used against Palestinians, highlighting statements made by senior Israeli officials. In particular, the ICJ President pointed to Israeli Defence Minister Yoav Gallant’s order for a “total siege” of Gaza and his characterisation of the conflict as a fight against “human animals”. The court recognised the right of Palestinians to be protected from acts of genocide.
While the ruling did not go into the merits of the allegations of genocide, it did confirm the jurisdiction of the ICJ to rule on emergency measures in this case. The court recognised the gravity of the situation and the urgent need for action to address the humanitarian crisis in Gaza.
The ruling sets the stage for a potentially lengthy legal process as the court considers the broader merits of South Africa’s genocide allegations against Israel.
The conflict, which began on 7 October, has taken a staggering toll. Gaza officials report at least 26,083 dead and 64,487 wounded. Buried under the rubble of destroyed buildings, thousands more are feared dead. The ICJ ruling paves the way for continued scrutiny of Israel’s actions in Gaza and marks a significant development in the international legal response to the conflict.
