ICJ orders Israel to prevent Gaza genocide sans cease-fire call
Palestinians watch a live stream from the ICJ in The Hague regarding South Africa's Gaza genocide case against Israel, Jenin, Palestine, Jan. 26, 2024. (EPA Photo)

The provisional measures by the world court are legally binding and symbolic significance but it is not clear if Israel will comply with them



The World Court on Friday ordered Israel to take all measures within its power to prevent acts of genocide in Gaza but stopped short of calling for an immediate cease-fire.

With the reading ongoing, the court said Israel must ensure its forces do not commit genocide and take measures to improve the humanitarian situation.

Israel must report to the court within a month on what it's doing to uphold the order.

The United Nations' top court earlier said it has jurisdiction to rule over emergency measures demanded by South Africa in its case against Israel's war in Gaza.

The World Court said it would not throw out the case, as Israel requested.

South Africa, in its reaction, hailed what it called a "decisive victory" for international rule of law, after the ICJ ruled in favor of its request to impose emergency measures against Israel over its military operations in Gaza.

South Africa brought the case, which goes to the core of one of the world's most intractable conflicts, and had asked the court to order Israel to halt its operation.

Provisional measures

In the highly anticipated decision made by a panel of 17 judges, the International Court of Justice decided not to throw out the case – and ordered six so-called provisional measures to protect Palestinians in Gaza.

"The court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering," Joan E. Donoghue, the court's president, said.

Friday's decision is only an interim one; it could take years for the full case brought by South Africa to be considered. Israel rejects the genocide accusation and had asked the court to throw the charges out.

While the case winds its way through the court, South Africa has asked the judges "as a matter of extreme urgency" to impose provisional measures.

Top of the South African list was a request for the court to order Israel to "immediately suspend its military operations in and against Gaza." But the court declined to do that.

South Africa also asked for Israel to take "reasonable measures" to prevent genocide and allow access for desperately needed aid.

The court ruled that Israel must try to limit death and damage.

In a statement Thursday, Palestinian Prime Minister Mohammed Shtayyeh said he hoped the decision would "include immediate action to stop the aggression and genocide against our people in the Gaza Strip ... and a rapid flow of relief aid to save the hungry, wounded and sick from the threat of slow death that threatens them."

On Thursday, Israeli government spokesperson Eylon Levy had said that Israel expected the court to toss out the "spurious and specious charges."

Legal ambiguity

Israel often boycotts international tribunals and U.N. investigations, saying they are unfair and biased. But this time, it took the rare step of sending a high-level legal team – a sign of how seriously it regards the case and likely the fear that any court order to halt operations would be a major blow to the country's international standing.

Provisional measures by the world court are legally binding, but it is not clear if Israel will comply with them.

How the U.S., Israel's top ally, responds to any order will be key, since it wields veto power at the U.N. Security Council and thus could block measures there aimed at forcing Israel's compliance.

The U.S. has said Israel has the right to defend itself, but also spoken about the need for the country to protect civilians in Gaza and allow more aid in.

The genocide case strikes at the national identity of Israel, which was founded as a Jewish state after the Nazi slaughter of 6 million Jews during World War II.

South Africa's own identity is key to it bringing the case. Its governing party, the African National Congress, has long compared Israel's policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Black people to "homelands" before ending in 1994.