Key Points
- The World Court has ordered Israel to implement emergency measures to prevent acts of genocide in its war on Gaza.
- The International Court of Justice stopped short of calling for a ceasefire when delivering its ruling.
- The court did not rule on whether or not Israel has committed genocide in Gaza — that process could take years.
The World Court has ordered Israel to prevent acts of genocide against the Palestinians and do more to help civilians, although it stopped short of ordering a ceasefire as requested by the plaintiff South Africa.
While the ruling denied Palestinian hopes of a binding order to halt the war in Gaza, it also represented a legal setback for Israel, which had hoped to throw out a case brought under the genocide convention established in the ashes of the Holocaust.
The court found that there was a case to be heard about whether Palestinian rights were being denied in a war it said was causing grievous humanitarian harm. It also called for Palestinian armed groups to release hostages captured in the 7 October attacks on Israel that precipitated the conflict.
In the ruling, 15 of the 17 judges on the International Court of Justice (ICJ) panel voted for emergency measures which covered most of what South Africa asked for, with the notable exception of ordering a halt to Israeli military action in Gaza.
While the ruling denied Palestinian hopes of a binding order to halt the war in Gaza, it also represented a legal setback for Israel, which had hoped to throw out a case brought under the Genocide Convention established in the ashes of the Holocaust.
The International Court of Justice (ICJ) found on Friday that there was a case to be heard about whether Palestinian rights were being denied in a war it said was causing grievous humanitarian harm.
It also called for Palestinian armed groups to release hostages captured in the 7 October attacks on Israel that precipitated the conflict.
The World Court ordered Israel to implement six provisional measures in its ruling. Source: AAP / Remko de Waal/EPA
Israel unleashed its assault after a cross-border rampage on 7 October by Hamas militants. Israeli officials said 1,200 people were killed, mostly civilians, and 240 taken hostage.
What was South Africa's case against Israel?
In late December, South Africa asked the International Court of Justice for an urgent order declaring that Israel was in breach of its obligations under the 1948 Genocide Convention.
under the legal principle that genocide is such a grave crime that all countries are duty-bound to prevent it.
South Africa asked the court to grant emergency measures to halt the fighting, which has displaced the majority of the Palestinian population. Israel had sought to have the case thrown out.
What were the provisional measures the ICJ ordered?
On Friday, the court ordered Israel to implement six emergency provisional measures in its war on Gaza.
"At least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the (Genocide) Convention," the judges said.
The ICJ ordered Israel to "take all measures within its power" to "prevent the commission of acts" that fall under Article Two of the Genocide Convention.
In particular, it highlighted the following acts listed in the Convention:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group
The ICJ also ordered Israel to ensure "with immediate effect" that its military does not commit any of the acts described above. It called on Israel to "take all measures within its power to prevent and punish the direct and public incitement to commit genocide" in relation to Palestinians in Gaza.
Palestinians arrive in the southern Gaza town of Rafah after fleeing an Israeli ground and air offensive in the nearby city of Khan Younis. Source: AAP / Fatima Shbair/AP
Finally, it said Israel must submit a report to the court on all measures taken in response to the order within one month.
However, the court did not demand an immediate ceasefire in Gaza, something that Israel says would allow Hamas militants to regroup and to launch new attacks on the country.
The court also said it was "gravely concerned" about the fate of hostages held in Gaza and called on Hamas and other armed groups to immediately release them without conditions.
The court said Israel must take measures to improve the humanitarian situation for Palestinian civilians. Source: AAP / Fatima Shbair/AP
Hamas is a Palestinian political and military group, which has governed the Gaza Strip since the most recent elections in 2006.
Hamas' stated aim is to establish a Palestinian state and stop the Israeli occupation of Gaza and the West Bank, illegal under international law.
Hamas in its entirety is listed as a terrorist organisation by the European Union and seven other countries, including Australia
In 2021 the International Criminal Court opened an investigation into alleged Israeli war crimes in the Palestinian territories dating back to 2014, including the recent attacks of both Israel and Hamas.
When reading out the decision, ICJ president Judge Joan Donoghue described the plight of Palestinians in Gaza, singling out harm to children and quoting detailed descriptions of the humanitarian emergency from UN officials.
Presiding judge Joan Donoghue highlighted the plight of Palestinians in Gaza, singling out harm to children, when delivering the court's ruling. Source: AAP / Patrick Post/AP
She also read out calls from Israeli officials for a harsh campaign, which she said justified the court's order to Israel to punish people guilty of incitement.
What happens next? Does Israel have to comply?
As instructed by the ICJ, Israel will be required to submit a report to the court on the steps it has taken to comply with the orders within one month of the ruling.
But while the ICJ's decisions are final and without appeal, the court has no way to enforce them.
Importantly, the court did not rule at this stage on the core of the case brought by South Africa - whether genocide has occurred in Gaza. The court will examine in detail the merits of the case.
Palestinians try to extinguish a fire at a building of a vocational training centre that displaced people were using as a shelter in Khan Younis. Source: AAP / Ramez Habboub/AP
While the ICJ does not have any mechanism to enforce its ruling on its interim measures, it will expect Israel to comply.
Prior to the ruling, international law specialist Toby Cadman told SBS News the decision could have a significant impact on how Israel is perceived and supported by its allies.
"The question is, if Israel doesn't comply with it, to what extent are its international supporters like the United States, United Kingdom ... going to continue to support Israel if they act in flagrant denial of the decision of the highest global court?"
What was the reaction to the ICJ's ruling?
The Palestinian foreign minister Riyad al-Maliki said the decision was a welcome reminder that "no state is above the law", adding that it should serve as "a wake-up call for Israel and actors who enabled its entrenched impunity".
Israeli Prime Minister Benjamin Netanyahu said the charge of genocide levelled against Israel was "outrageous", and said it would do whatever is necessary to defend itself. Israel had an "unwavering commitment" to international law, he said.
"But the mere claim that Israel is committing genocide against Palestinians is not only false, it's outrageous, and the willingness of the court to even discuss this is a disgrace that will not be erased for generations," he said.
Israeli Prime Minister Benjamin Netanyahu said it was a "disgrace" for the court to discuss South Africa's claim against Israel. Source: AAP
The foreign affairs ministry of South Africa, which brought the case before the ICJ, called the ruling "a decisive victory for the international rule of law and "a significant milestone in the search for justice for the Palestinian people".
The European Union acknowledged that ICJ orders are "binding on the parties and the must comply with them", adding that the EU expects "their full, immediate and effective implementation".
The United States noted the ruling did not make a finding about genocide or call for a ceasefire, and reiterated its position that allegations Israel has committed genocide in Gaza are "unfounded".
Saudi Arabia, Qatar and Kuwait welcomed the decision, while the French foreign ministry emphasised the "importance" of Israel's "strict compliance with international humanitarian law".
Turkish President Recep Tayyip Erdoğan called the ruling "invaluable".
- With reporting by Reuters.
