In December, South Africa filed a case to the United Nations’ top court, accusing Israel of perpetrating genocide in its military campaign in the Gaza Strip that began after the October 7 attack by Hamas. On Friday, the International Court of Justice issued its first ruling in the matter, ordering Israel to do everything in its power to limit deaths and to allow humanitarian aid to the region while it decides the case. But the international body stopped short of calling for a cease-fire, South Africa’s primary request. Here’s what we know so far.
What did the ICJ rule?
Lawyers representing South Africa presented their case in the Hague earlier this month, calling on the judges to order an immediate cease-fire of all military action in Gaza in order to put a stop to what they allege is the indiscriminate killing of civilians. According to the Gaza Health Ministry, more than 26,000 people have been killed since the conflict began.
“Mothers, fathers, children, siblings, grandparents, aunts, cousins are often all killed together. This killing is nothing short of destruction of Palestinian life. It is inflicted deliberately. No one is spared. Not even newborn babies,” lawyer Adila Hassim told the court, per the Associated Press.
The Israeli government has rejected South Africa’s allegation of genocide and called on the ICJ to throw out the nation’s case. Tal Becker, legal adviser for the Israeli Ministry of Foreign Affairs, argued before the court that South Africa “seeks to thwart Israel’s inherent right to defend itself — to let Hamas not just get away with its murder, literally, but render Israel defenseless as Hamas continues to commit it,” per The Wall Street Journal.
In its ruling, the IJC ordered a series of provisional measures including ordering Israel to “take all measures within its power” to prevent acts of genocide by its forces and to take steps to stop and punish those directly trying to incite calls for genocidal acts against Palestinians. The panel also called on Israel to ensure that humanitarian aid and supplies are able to make it into Gaza.
What comes next?
The court did not go as far as calling for Israel to stop all military action in Gaza but conceded that some of the claims made by South Africa “appear to be capable of falling within the provisions” of the genocide convention.
As part of its initial ruling, the ICJ ordered Israel to submit a report to the court in a month, detailing the measures it has taken to follow the provisions it set. Friday’s ruling is only the first step in a much longer process. It will likely take several years for the court to definitively rule on South Africa’s case.
What has the reaction been to the ICJ’s ruling?
In a video message posted after the ruling, Israeli prime minister Benjamin Netanyahu said that Israel’s commitment to international law is “unwavering” but emphasized the country’s right to self-defense.
“Like every country, Israel has an inherent right to defend itself. The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected,” he said.
He continued, “The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it.”
The Palestinian Ministry of Foreign Affairs and Expatriates issued a statement praising the ruling and calling for the enforcement of the provisions ordered by the court.
“The ICJ judges assessed the facts and the law. They ruled in favor of humanity and international law,” said Riyad al-Maliki, the minister of foreign affairs.
