The United Nations’ top court has ruled in favour of South Africa’s request to impose emergency measures against Israel over its military operations in Gaza.
South Africa hailed what it called a “decisive victory” for international rule of law on Friday, after the International Court of Justice said that Israel must ensure its forces do not commit genocide against Palestinians in Gaza.
The case is the first of its kind since Hamas, the Palestinian militant group in charge of the Gaza Strip, launched a deadly assault on Israeli soil on 7 October. The attack killed around 1,200 people with 240 more taken hostage, around half of whom have been subsequently released.
Israel’s response, including a heavy bombing campaign across the enclave and a three-pronged ground offensive, has killed at least 23,000 Palestinians, according to the local Hamas-run authorities, and displaced more than 85 percent of the population.
In the hearing on Friday, the 17-strong panel of judges at the Hague said it would not throw out the case against Israel and that it must provide basic humanitarian aid in the Gaza Strip – but it stopped short of calling for a ceasefire.
South Africa, which brought the case, had asked for the court to order Israel to halt its operation – but the court instead urged Israel to try and contain death and damage in its military offensive, which is still ongoing.
Below we look at the case and Friday’s ruling by the ICJ in more detail.
Under international law, genocide is defined as committing acts with the intention of destroying, in whole or in part, a national, ethnic, racial or religious group.
Those acts include: killing or causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.
While the destruction of Hamas – the stated aim of the Israeli military – would not come under the jurisdiction of genocide, the deliberate killing of Palestinians, if proved, would be considered under the terms of the crime.
The court on Friday ordered Israel to prevent acts of genocide against the Palestinians and do more to help civilians, as it wages war against Hamas militants in the Gaza Strip. However, it has not yet ruled on the core of the case brought by South Africa – whether genocide has occurred in Gaza.
South Africa submitted evidence claiming they show “acts and omissions” by Israel that “are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group”.
This refers both to Israel’s active bombing of the Gaza Strip and its alleged failure to prevent harm to civilians.
Their case also highlights public comments made by Israeli officials, including from Prime Minister Benjamin Netanyahu, as proof of “genocidal intent”.
Former UK opposition leader Jeremy Corbyn announced on Tuesday that he was joining the South African delegation fighting the case.
Pro-Palestinian activists gather during session of the International Court of Justice, or World Court, in The Hague, Netherlands, on Friday
In a ruling heavy with complex legal argument, the UN top court said:
Israel has called South Africa’s allegations false and “grossly distorted”, and said it makes the utmost efforts to avoid civilian casualties.
Responding to the ICJ ruling on Friday, Itamar Ben-Gvir, Israel’s security minister, tweeted: “The Hague Shmague”.
Mr Netanyahu previously said about the accusations: “No, South Africa, it is not we who have come to perpetrate genocide, it is Hamas. It would murder all of us if it could.” He and the Israeli military have said they are acting as morally as possible.
More than 20,000 people have died since the 7 October attacks, Hamas says
Palestinians in the ruins of a residential building after an Israeli strike in Rafah, southern Gaza Strip, on Wednesday
