January 26, (THEWILL) – The International Court of Justice (ICJ), Hague, has ordered Israel to take measures to prevent genocidal acts in Gaza.
The order was given on Friday, during a preliminary ruling in South Africa’s case, alleging genocide by Israel in Gaza.
However, the court did not order an immediate ceasefire in Gaza.
South Africa had asked the court to issue provisional measures requiring Israel to immediately end its military campaign in Gaza, which began after the October 7, 2023, attacks by the Hamas militant group.
In court, South African lawyer, Adila Hassim, alleged that genocidal acts committed by Israel included the mass killing of Palestinians, causing serious mental and bodily harm to Palestinians, deliberately inflicting conditions of life calculated to bring about the physical destruction of Gaza in whole or in part, and Israel’s military assault on Gaza’s healthcare system.
She had told the court: “Nothing will stop this suffering, except an order from this court. Without an indication of provisional measures, the atrocities will continue; with the Israel Defense Forces indicating that they intend to pursue this course of action for at least a year.”
Demanding an immediate ceasefire, South Africa also asked the court to order measures prohibiting the deprivation of access to adequate food and water, humanitarian assistance and medical supplies and assistance.
Delivering judgement on Friday, Judge Joan Donoghue said the Palestinians appeared to constitute a distinct national, ethnical, racial or religious group, and hence a protected group within the meaning of Article Two of the Genocide Convention.
In a vote of 16 to one, the court said Israel must take “immediate and effective” measures to ensure the provision of urgently needed humanitarian aid and basic services.
“The court observes that, according to United Nations sources, the Palestinian population in the Gaza Strip comprises over 2 million people. Palestinians in the Gaza Strip, form a substantial part of the protected group.
“The court notes that the military operation being conducted by Israel, following the attack of seven October 2023 has resulted in a large number of deaths and injuries as well as massive destruction of homes”, said Donoghue.
Donoghue said Israel must ensure with immediate effect that its military forces did not commit any of the acts as mentioned earlier – those being, killing Palestinians or causing serious bodily or mental harm.
She added that Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide about the members of the Palestinian group.
Donoghue stated that Israel must also submit a report to the court within one month of this order.
Earlier, the court ruled that it could issue provisional, emergency measures and noted the measures indicated need not be identical to those requested by South Africa.
She then outlined which of South Africa’s requested measures the court would grant, saying Israel must desist from killing, injuring, destroying life and preventing the births of Palestinians.
According to her, these acts fell within the scope of the Genocide Convention.
Present at the ICJ proceedings were Vusimuzi Madonsela, the South African ambassador to the Netherlands, and Ronald Lamola, South Africa’s justice minister.
The ICJ’s rulings are final and cannot be appealed against, but it has no enforcement powers and Israel’s prime minister, Benjamin Netanyahu, had already said “No one will stop us, not the Hague.”
