ICJ asks Israel to take measures to halt genocidal acts in Gaza Strip

New Delhi, Jan 26: The UN's top court, the International Court of Justice (ICJ) has ruled that Israel must undertake all necessary measures to prevent genocidal acts in the Gaza Strip. However, the court has refrained from issuing an immediate ceasefire order.

This decision falls short of South Africa's urgent plea for an immediate cessation of hostilities in Gaza, which had hoped for swifter international intervention to address the ongoing conflict.

The ICJ's ruling is expected to fuel further discussions on the dynamics surrounding the conflict and the pursuit of lasting peace in the region.

In a decisive vote of 16 to one, the ICJ, the UN’s top court has mandated that Israel take immediate and comprehensive measures within its authority to halt any actions related to genocide in the Gaza Strip.

Furthermore, the ICJ court, with a majority directed Israel to employ "immediate and effective" actions to both prevent and penalize those involved in inciting genocide against Palestinians in Gaza.

Another resolution by the same majority requires Israel to swiftly implement measures ensuring the provision of urgently needed humanitarian aid and basic services.

The Judge underscores that all parties involved in the Gaza conflict are obligated to adhere to humanitarian law, expressing concern about the well-being of hostages in Gaza.

Judge Joan Donoghue underscores that Israel must ensure, with immediate effect, that its military forces refrain from acts such as killing Palestinians or causing serious harm.

She specifically mentions the need for measures against direct and public incitement to commit genocide against Palestinians and urges immediate actions for basic services and humanitarian aid. Additionally, Israel is required to submit a report to the court within one month detailing its compliance with the issued orders.

Judge Donoghue before passing the final order expressed a sombre picture of the suffering of Palestinians, especially children, acknowledging the plausibility of some of South Africa's claims and indicating a likelihood of granting at least some of the nine requested measures.

The court, empowered to issue provisional emergency measures, clarifies that these need not mirror South Africa's requests precisely.

Notably, the court rules that Israel must cease actions falling within the Genocide Convention, including killing, injuring, destroying life, and preventing births concerning Palestinians.

Before passing the order Judge Donoghue also read out letters and statements from high-ranking UN officials highlighting the deteriorating humanitarian crisis in Gaza, noting the breakdown of Gazan society.

She underscores the court's perception of the extreme vulnerability of the civilian population in Gaza and warns of a serious risk of deterioration in the humanitarian situation before the court reaches a final judgment.

In response to the court's decision, the South African government has issued a statement hailing the orders as a "landmark ruling." Foreign Minister Naledi Pandor, speaking to reporters outside the court, expressed a nuanced perspective, stating, "Without a ceasefire in Gaza, the order doesn't actually work." She added, "I would have wanted that the word cessation be included in the judgment, but I'm satisfied with the directions that have been given."

When questioned by a journalist about her expectations regarding Israel's compliance with the court orders, Minister Pandor remarked, "I've never really been hopeful about Israel." However, she expressed hope that the influence of Israel's "powerful friends" would encourage the country to adhere to the issued directives.

Israel PM Benjamin Netanyahu said that Israel will "persist in defending ourselves and our citizens while adhering to international law." The Israeli prime minister further declared the nation's commitment to "continue this war until absolute victory" and the safe return of "all hostages." Netanyahu's remarks follow today's court decision mandating Israel to take all necessary measures to prevent genocidal acts in Gaza.

Despite the court's inability to enforce its orders directly, its rulings carry significant political weight and could increase pressure on Israel to take more substantive actions, such as working towards a temporary ceasefire or allowing more aid into Gaza.

South Africa had filed the case against Israel at the ICJ, claiming it is committing genocide against Palestinians in Gaza in violation of its obligations under the Genocide Convention. Israel has rejected the accusations, calling them “false” and "grossly distorted."

The ICJ has no means of enforcing an order against Israel, but such a ruling would place further pressure on the country to, for example, work towards a new temporary ceasefire or allow in more aid to Gaza. Israel may also ignore it - but it would be politically significant.

The president of the court is Judge Joan E. Donoghue. Donoghue is an American lawyer who was elected to the ICJ in 2010. Before that, she was a legal adviser in the US State Department in the Obama administration. She is the second woman to hold the post of president and the third American. The court has 15 justices plus one each from Israel and South Africa.

The African National Congress (ANC) has a long history, initially as an anti-apartheid liberation movement and later as the ruling party in South Africa for three decades.

Viewing Palestinians as fundamental allies, the party draws parallels between its fight against apartheid in South Africa and the struggles faced by the Palestinian people.

This historical connection was emphasized by Nelson Mandela, South Africa's president, who declared that the nation's freedom is incomplete without the freedom of the Palestinians. The ANC condemned the October 7 attacks and called for the release of hostages in solidarity with its historical allies.

Israeli and Palestinian supporters gathered outside the Peace Palace, home to the International Court of Justice, in the Hague, in the Netherlands, ahead of today's ruling.

Weeks of mediation by Qatar and Egypt, with US involvement, to reach a new pause in fighting have brought no breakthrough - though in recent days, reports have suggested "serious" progress is being made in indirect talks held with delegations from Israel and Hamas

Almost 26,000 Palestinians have been killed and thousands injured, according to the Gaza health ministry, since Israel began its retaliatory offensive in the territory. This was triggered by an unprecedented attack on Israel by Hamas on 7 October, in which about 1,300 people, mainly civilians, were killed and some 240 people taken hostage.

Meanwhile, US media report that the head of the CIA is due to meet Israeli, Qatari and Egyptian officials in the coming days to discuss a new potential ceasefire in Gaza.