The International Court of Justice on Friday ruled that Israel’s war in Gaza could be genocide and that a case bringing the allegation can proceed.
The conclusion came as part of an interim ruling from the United Nations’ top court in a case brought by South Africa alleging that Israel’s campaign, launched in response to Hamas’ Oct. 7 attacks, is genocidal.
Judge Joan Donoghue said that some of the accusations made against Israel in the case fall under the U.N.’s Genocide Convention and that the court recognizes the right of Palestinians to be protected from genocidal acts.
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While stopping short of an order for Israel to stop its ground offensive in Gaza, the ICJ said Tel Aviv must “must take measures within its power to prevent and punish the direct and public incitement to commit genocide” of Palestinians. Donoghue further said Israel must immediately enact measures to allow urgently needed humanitarian aid and basic services in Gaza.
Israel has been given one month to submit a report to the court on how the measures are being enacted.
The ICJ also refused to dismiss the entire case as Israel had requested. The judge added that sufficient evidence existed of a legitimate dispute between Israel and South Africa, and that the latter had the requisite legal standing to bring the case. A full ruling in the case will likely take years.
“The court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgement,” Donoghue said. “The court considers that there is urgency in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights found by the court to be plausible before it gives its final decision.”
The judge had also noted that the court is “deeply concerned” by the ongoing loss of life in Gaza. The enclave’s Hamas-run health ministry says more than 26,000 people have already been killed over the course of the three-month conflict, while millions more have have been displaced. The situation for children in Gaza “is especially heartbreaking,” Donoghue said.
Responding to the ICJ ruling, Israeli Prime Minister Benjamin Netanyahu said Israel’s commitment to both international law and the defense of its people is “unwavering.” “Like every country, Israel has an inherent right to defend itself,” he added. “The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected.”
