The Hague, Netherlands

The International Court of Justice issued a series of provisional measures on Israel while giving its ruling on South Africa's case against the Jewish nation alleging genocide in Gaza. The court showed the urgency of protecting Palestinian people in the besieged territory, but refrained from mandating an immediate ceasefire, leaving room for further legal proceedings. While South Africa and Hamas welcomed the ruling by ICJ, which urged Israel to prevent genocide in Gaza, the Israeli Prime Minister Benjamin Netanyahu said that the country's commitment to international law is unwavering. The Israeli defence minister called the ruling antisemitic . Here are the key takeaways from ICJ's ruling:   

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-> Jurisdiction confirmed

The International Court of Justice (ICJ) ruled that it has the jurisdiction to address South Africa's application against Israel regarding allegations of genocide in Gaza. Judge Joan E. Donoghue, who is the current ICJ president, said, “The court concludes it has prima facie jurisdiction to entertain the case on the basis of Article 9 of the Genocide Convention.”

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The judge backed it up saying, "In the court’s view, at least some of the acts and omissions committed by Israel in Gaza appear to be capable of falling within the provisions of the genocide convention." 

-> Prevention of Genocide incitement

The court ordered Israel to prevent and punish genocide incitement against the Palestinians. Citing inflammatory comments by Israeli officials, the court found plausibility in South Africa’s claims regarding the need to protect Palestinians from genocide. Donoghue cited statements made by Israeli Defence Minister Yoav Gallant, President Isaac Herzog, and then-Energy Minister Yisrael Katz. 

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“The aforementioned facts and circumstances are sufficient to conclude that at least some rights of the Palestinians to be protected from acts of genocide and related prohibited acts in Article 3 of the Genocide Convention, and the rights of South Africa to seek protection of these rights,” Donoghue stated.

-> Measures to prevent Genocide

Israel is instructed to take all necessary measures to prevent the commission of genocidal acts against Palestinians, as outlined in Article 2 of the Genocide Convention. In a 15-2 majority on the bench, the measures were imposed on Israel. American judge Donoghue also voted in favour of the measures while Israel’s Aharon Barak voted in against. 

-> Humanitarian aid to Gaza

Israel is directed to allow more humanitarian aid into Gaza, addressing the adverse conditions of life in the besieged Strip. The court order said, “Israel must take steps to provide urgently needed assistance to address the adverse conditions of life in Gaza.”

-> Protection measures and ceasefire

The court ordered Israel to prevent the killing or injuring of Gaza’s Palestinians and conditions intended to harm the population. The court, however, stopped short of granting South Africa’s demand for an immediate unilateral ceasefire in Israel’s military operation against Hamas in Gaza. 

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The court order read, “Israel must prevent the killing or injuring of Gaza’s Palestinians, prevent conditions calculated to wholly or partly destroy Gaza’s populace, and prevent conditions intended to prevent births among Gazans.”

The court has now asked Israel to report back in a month over the measures taken to prevent genocide in Gaza. 

(With inputs from agencies)