The International Court of Justice (ICJ) has issued a landmark ruling that Israel must take immediate steps to prevent genocide in Gaza, where more than 26,000 people have been killed in its ongoing war with Hamas. The ruling, delivered on the eve of Holocaust Remembrance Day, was welcomed by crowds of supporters outside the UN’s highest court in The Hague.
The ICJ ruling came in response to a case brought by South Africa last month, accusing Israel of committing, inciting, and failing to punish those who commit genocide against Palestinians in Gaza. South Africa, which had suffered under apartheid, argued that Israel’s actions violated the 1948 Genocide Convention, which obliges states to prevent and punish genocide.
The court agreed with most of South Africa’s requests, and imposed several provisional measures on Israel, pending a final judgment on the merits of the case, which could take years. The court ordered Israel to:
- Take all measures to stop harming Palestinians in Gaza, especially civilians, children, and medical personnel
- Ensure the delivery of humanitarian aid and medical supplies to Gaza, and facilitate the evacuation of the wounded
- Preserve evidence of possible war crimes and cooperate with international investigations
- Prevent and punish any public comments that could incite genocide, such as those made by some Israeli ministers
The court also urged both parties to respect international humanitarian law and human rights, and to refrain from any action that could aggravate the situation.
ICJ ruling puts pressure on Israel to end Gaza war
The ICJ ruling, which was supported by 16 out of 18 judges, including the Israeli judge Aharon Barak, a Holocaust survivor, is considered binding and has no appeal provisions. However, the court has no power to enforce its own decisions, and Israel has rejected the ruling as biased and politicized.
Israel has argued that it has the right to defend itself from Hamas, which it considers a terrorist organization that uses civilians as human shields and fires rockets indiscriminately at Israeli cities. Israel has also claimed that it is doing its best to minimize civilian casualties and provide humanitarian assistance to Gaza.
However, the ICJ ruling has put Israel on notice that its conduct in Gaza is being scrutinized by the international community, and that it could face legal consequences for its actions. The ruling has also added to the growing pressure on Israel from its allies, including the US, to end the war and seek a diplomatic solution.
Gaza faces humanitarian crisis as war continues
The war in Gaza, which started in November 2023, has caused widespread devastation and suffering in the densely populated enclave, home to about 2 million Palestinians. According to the UN, more than 85 percent of Gaza’s population is now homeless, and more than half lack access to clean water, electricity, and health care. The UN has warned that Gaza is on the brink of a humanitarian catastrophe, and has appealed for urgent funding and access to deliver aid.
Hamas, which controls Gaza, has also suffered heavy losses in the war, and has been isolated by most of the Arab world, which has condemned its rocket attacks on Israel. Hamas has demanded that Israel lift its blockade on Gaza, which has been in place since 2007, and respect the rights of Palestinians in Jerusalem and the West Bank, where tensions have also flared in recent months.
Despite several attempts by regional and international mediators, including Egypt, Qatar, and the US, to broker a ceasefire, the war has shown no sign of abating, as both sides have vowed to continue fighting until their demands are met. The war has also sparked protests and violence in other parts of the world, where supporters of both sides have clashed and expressed their solidarity.
