The United Nations International Court of Justice ruled Friday that Israel must act to prevent instances of genocide in Gaza and must let more aid into the area, but it stopped short of ordering a cease-fire in the conflict against Hamas which has left thousands dead, The New York Times reported.
The court ruled that South Africa’s charge of genocide against Israel for actions against Palestinians in Gaza could move forward.
In the ruling read by Joan Donoghue, the president of the ICJ, the court demanded that Israel immediately take action to ensure its military doesn’t break the Genocide Convention. It also said Israel must prevent and punish incitement to genocide, and let in more aid to Gaza.
The Convention on the Prevention and Punishment of the Crime of Genocide, or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition.
Donoghue, an American, recapped the context of the case at the beginning of the hearing, saying, “On Oct. 7, 2023, Hamas and other armed groups present in the Gaza Strip attacked Israel, killing more than 1,200 persons, injuring thousands and abducting some 240 people, many of whom continue to be held hostage. Following this attack, Israel launched a large-scale military operation in Gaza by land, air and sea, which is causing massive civilian casualties.”
The court’s decision did not determine whether Israel has committed genocide, but that South Africa has standing in bringing the charges of genocide against Israel.
South Africa alleges that Israel violated international law by committing and/or failing to prevent genocidal acts against the people in Gaza, and it has asked the court to order Israel to cease all military operations in Gaza immediately.
The day after South Africa presented its case to the ICJ on Jan. 11, Israel defended itself before the court, saying the actions by Hamas on Oct. 7 justified its response.
Israel, in answering the charges before the court, said South Africa presented a “grossly distorted” picture by ignoring the role of Hamas and by “weaponizing” the international convention against genocide.
Donoghue said the court was not required to decide if any violations of the Genocide Convention had occurred, but must now decide “if the current acts appear to be capable of falling within the realm of violations of the convention. The court finds that Israel has committed such acts.”
Israeli Prime Minister Benjamin Netanyahu called the accusation of genocide “not only false, it’s outrageous, and decent people everywhere should reject it.”
The Biden administration dismissed South Africa’s claims as “meritless,” while Britain called the claims “nonsense,” The Washington Post reported.
South Africa’s case against Israel is the fifth time the UN genocide law has been used this way.
The ruling of the ICJ is binding for UN members, but there is no manner of enforcing its rulings.