Israel must prevent any possible genocide and allow humanitarian access to Gaza, the United Nations' highest court ruled on Friday in a highly anticipated ruling that made no mention of a ceasefire.
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At this point, the court has not ruled on whether or not Israel is actually committing genocide. This part of the case can take years.
However, before making a final decision, it assessed the “catastrophic humanitarian situation” in Gaza as a “serious risk of further deterioration” and therefore adopted a series of emergency measures.
Israel must “take all measures within its power” to prevent any genocide and no leader may make statements that incite genocide, the court said.
In addition, “the State of Israel must immediately take effective measures to enable the provision of essential services and humanitarian assistance,” she added.
South Africa initiated the proceedings on the grounds that Israel is violating the 1948 United Nations Genocide Convention, which was established after World War II and the Holocaust.
Speaking to reporters on the steps of the Peace Palace in The Hague, home of the International Court of Justice, South African Foreign Minister Naledi Pandor said the measures amounted to a call for a ceasefire.
“How can we provide humanitarian aid without a ceasefire? How do you provide water and access to energy? How to ensure that the injured receive medical care, etc. ?,” she asked. “Without a ceasefire, none of this is possible,” she added.
Israeli Prime Minister Benjamin Netanyahu has described South African allegations of “genocide” in Gaza as “scandalous”.
Israel stressed at the hearings that it acted in self-defense after the October 7 Hamas attack and did everything in its power to protect civilians.
But even if measures to support civilians “should be encouraged, they are not sufficient” to protect the rights of Palestinians, the ICJ said.
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Hundreds of demonstrators from both sides gathered in front of the court, shouting slogans and holding up banners.
“Genocide survivors are being charged with genocide, it's crazy,” Noyleyb, a 32-year-old pro-Israel entrepreneur, told AFP, refusing to give his last name.
“It really breaks my heart that there is no ceasefire,” said Nikita Shabazy, 48, a pro-Palestinian protester.
“Grossly distorted”
Pretoria accused Israel of “genocidal” actions aimed at bringing about “the destruction of a significant part of the national, racial and ethnic group of Palestinians.”
Israel dismissed the case as a “grossly distorted story” and said that if there were acts of genocide, they were carried out during the Hamas attack against Israel.
The question now is whether the orders of the International Court of Justice will be respected. They are legally binding and final, but the court has no power to enforce them. For example, she ordered Russia to suspend the invasion of Ukraine – to no avail.
Mr. Netanyahu has already indicated that he would not feel obliged to comply with a court order. “No one will stop us, not The Hague, not the Axis of Evil, not anyone else,” he said.
But experts assume that in addition to the symbolic effect, there could also be noticeable consequences on the ground.
“In the face of a neutral third party that believes there is a risk of genocide, it is much more difficult for other states to continue supporting Israel,” Juliette McIntyre, an international law expert at the university, analyzed for AFP South Australia.
“To prevent this, states could withdraw their military or other support for Israel,” she added.
The war was sparked by Hamas's unprecedented attack on Israeli soil on October 7, which killed more than 1,140 people, mostly civilians, according to an AFP count based on official data.
According to the Islamist movement's health ministry, Israel vowed to “destroy” Hamas and launched a massive military operation that killed 26,083 Palestinians, the vast majority women, children and teenagers.
The ICJ also ordered Israel to preserve all possible evidence that could later be used in the trial to determine whether genocide was committed.
Israel must also report within a month on the steps taken to comply with the International Court of Justice's orders.