The United Nations' top court that deals with disputes between states has ruled in a case brought by South Africa accusing Israel of violating the 1948 Genocide Convention.
Judges of the International Court of Justice (IJC) in The Hague, Netherlands on January 26. Photo: Reuters
Court judgment
According to the judges, some of the Israeli acts of omission in Gaza alleged by South Africa likely fall within the provisions of the Genocide Convention. The court therefore ordered Israel to refrain from any actions that might violate the Genocide Convention and to ensure that its military does not commit acts of genocide in Gaza.
The ruling also requires Israel to prevent and punish any public incitement to commit genocide against Palestinians in Gaza, and to preserve evidence related to any alleged genocide there.
Israel must also take humanitarian measures for Palestinian civilians in the area.
However, the court did not order an immediate ceasefire in Gaza, which Israel said would allow Hamas forces to regroup and launch new attacks.
The court also said it was deeply concerned about the fate of hostages held in Gaza and called on Hamas and other armed groups to immediately and unconditionally release them.
These are the main points of the ICJ's final judgment and there is no appeal. Israel is required to submit a report on the steps it has taken to comply with the International Court's order within a month of the judgment. The court will then examine the case in detail, a process that could take years.
Did all the judges support the decision?
Fifteen of the 17 judges voted in favor of the provisional measure, including ICJ President Joan Donoghue.
Ugandan Judge Julia Sebutinde was the only one to vote against all six measures passed by the court. Israel's special judge Aharon Barak voted against four measures.
“I voted in favor in the hope that this measure will help reduce tensions and prevent harmful rhetoric,” wrote former Israeli Supreme Court President Aharon Barak.
What is the Genocide Convention?
The 1948 Genocide Convention, enacted in the wake of the mass murder of Jews in the Holocaust by Nazi Germany, defines genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".
Acts of genocide include killing members of a group, causing serious physical or mental harm to members of a group, and deliberately creating conditions aimed at destroying the group in whole or in part.
Reaction to ICJ decision
Israeli Prime Minister Benjamin Netanyahu said the genocide accusations against Israel were "outrageous" and said the country would take whatever action was necessary in self-defense, but remained "firmly committed" to international law.
Israeli Defense Minister Yoav Gallant expressed disappointment that the ICJ did not dismiss South Africa's case outright.
On the Palestinian side, the government and people of this country welcomed the ICJ's ruling on Friday. Palestinian Foreign Minister Riyad al-Maliki said: "The ICJ judges decided based on the facts and the law, they made a decision that is beneficial to humanity and international law."
Senior Hamas official Sami Abu Zuhri said the ruling isolated Israel on the world stage.
South Africa, a long-time supporter of the Palestinian cause, praised the ICJ ruling and President Cyril Ramaphosa said he expected Israel to comply with the ruling that it ensure it takes measures to prevent genocide against the people of Gaza.
Hoai Phuong (according to Reuters)
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