Parties in court as the International Court of Justice (ICJ) prepares to rule on Gaza genocide case against Israel made by South Africa.
A view from the court as parties attend session on the day the International Court of Justice (ICJ) rule on Gaza genocide case against Israel made by South Africa in the Hague, the Netherlands on January 26, 2024.
Dursun Aydemir/Anadolu via Getty Images

World Court Rules that Israel Should Do What It Takes to Prevent Genocide in Gaza & Report Back in One Month

The International Court of Justice has ruled on the emergency measures requested by South Africa in the country’s genocide case against Israel over its military campaign in Gaza.


South Africa has welcomed the International Court of Justice (ICJ)’s ruling on Friday that the State of Israel is to take all measures within its power to prevent acts of genocide in the Gaza Strip. Describing it as “a decisive victory for international rule,” the South African government thanked the ICJ for its swift ruling, adding that it sincerely hoped Israel would not “act to frustrate the application of the court’s orders.”

While the court stopped short of issuing a ceasefire order, Judge Joan Donoghue, who delivered the ICJ’s ruling, says that Israel must prevent and punish incitement to genocide in Gaza, and that it must take more measures to protect Palestinians. The court said it is aware of the human tragedy in Gaza and is concerned about the continuing loss of life. Judge Donoghue added that Israel’s military operations have caused a large number of deaths and destruction of civilian infrastructure.

The case for whether genocide is being committed in Gaza will take longer to rule on but the court stated that Palestinians have the right to be protected under the Genocide Convention. Israel must also allow humanitarian aid into Gaza, and it must report to the ICJ within one month about the steps it is taking to uphold the ruling.

Speaking outside the Hague, South Africa’s Minister of International Relations and Cooperation Naledi Pandor reiterated why South Africa brought the case to the ICJ in the first place, adding that the country “could not stand idly by and continue to observe the killing of thousands of Palestinian citizens who had no role in the hostage taking and killing that was done by Hamas.”

She says South Africa is asking for a ceasefire but also to ensure humanitarian aid reaches those who urgently require it. Pandor affirmed that the case is about the need for United Nations signatories to uphold the responsibility they have to “protect us all as global citizens.” The minister agreed with ICJ judges that Hamas should release the hostages that are still being held, and also emphasized the need for a two-state solution to “end the conflict decisively.”

Palestine’s Minister of Foreign Affairs, Riyadh Maliki, echoed South Africa in embracing the ruling, saying that the order is a reminder that “no state is above the law.” As he relayed, “States now have clear legal obligations to stop Israel’s genocidal war on the Palestinian people in Gaza and to make sure that they are not complicit.”

Israel’s Prime Minister Benjamin Netanyahu in a video statement says that, while Israel’s commitment to international law is unwavering, “equally unwavering is our sacred commitment to continue to defend our country and defend our people.” Netanyahu says that the genocide charge against his country is “false” and “outrageous,” adding that “our war is against Hamas terrorists, not Palestinian civilians.”

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