- South Africa has called for an immediate end to the Israeli military operation in Gaza
The UN Supreme Court has ordered Israel to take measures to prevent and punish direct incitement to genocide in its war in Gaza, but did not call for a ceasefire when it ruled on a case brought by South Africa in The Hague had initiated.
“The State of Israel shall… take all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide Convention,” the court said.
In a sweeping ruling, a large majority of the ICJ’s 17-member panel voted in favor of urgent measures covering most of what South Africa requested – with the notable exception of the order to halt Israeli military action in Gaza.
The court ordered Israel to refrain from any acts that could fall under the Genocide Convention and also to ensure that its forces do not commit genocidal acts in Gaza.
The court also expressed serious concern about the hostages kidnapped by Hamas on October 7 and still held in Gaza, calling on the terror group to release them immediately.
An Israeli tank and other military vehicles guard a position as Palestinians flee Khan Yunis in the southern Gaza Strip on January 26, 2024
Protesters hold a Palestinian flag as they gather outside the International Court of Justice (ICJ) as judges decide emergency measures against Israel
South Africa has hailed the ruling as a “decisive victory for the international rule of law and an important milestone in the quest for justice for the Palestinian people.”
South Africa’s Department for 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 will instead act to ensure full compliance. , as it surely will.”
It added that South Africa would continue to act within the institutions of global governance to protect the rights of Palestinians in Gaza.
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 will likely take several years, while the measures requested today are intended to protect Palestinians as the conflict continues.
By referring the case to the International Court of Justice (ICJ), South Africa had requested an immediate halt to the Israeli military operation in the Gaza Strip.
The attack has lasted more than 100 days and has destroyed much of the enclave and killed more than 25,000 Palestinians, according to Gaza health authorities.
South African officials listen as the International Court of Justice in The Hague rules on their country’s case against Israel
Israel’s Deputy Attorney General for International Law Gilad Noam and British lawyer Malcolm Shaw
South Africa argued two weeks ago that Israel’s air and ground offensive was intended to “bring about the destruction of the population” of Gaza.
Israel had asked the court to dismiss the case outright, saying it respects international law and has the right to defend itself.
The country has called South Africa’s allegations false and “grossly distorted” and says it is doing its utmost to prevent civilian casualties.
Israel unleashed its war in Gaza after Hamas launched a cross-border rampage on October 7.
According to Israeli figures, Palestinian terrorists killed 1,200 people, most of whom were civilians, and took 240 hostage.