(NewsNation) — The United Nation’s top court demanded Israel try to contain death and damage as it continues its military offensive in Gaza, calling on the country to “take all measures” to prevent a genocide of the Palestinians.
South Africa had brought the case and accused Israel of genocide, a claim the Israel rejected. It asked the court to order Israel to stop military operations in Gaza, which have already killed 26,000 Palestinians, according to figures from the Hamas-run Health Ministry.
On Friday, the International Court of Justice decided not to throw out the case in a 15-2 vote. However, it stopped short of ordering a cease-fire in the Israel-Hamas war — something a growing number of politicians and activists are demanding. Members of the International Court of Justice also ordered six provisional measures to protect Palestinians in Gaza.
“The court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering,” Joan E. Donoghue, the court’s president, said.
What does this ruling mean, and what happens next?
By imposing the six provisional measures, the court found that concerns about possible genocide are worthy of further review.
Now, Israel is required to submit a report to the court in a month on what actions it has taken to comply with its orders.
This is only an interim ruling, and nothing requires Israel to stop its military offensive from a legal standpoint. A full decision on whether Israel is committing genocide could take years.
Israeli leaders said they would continue with their bombardment of Gaza, as they insist they are already complying with international law.
South Africa, as well as other nations, could go to the United Nation’s Security Council, where member states would be asked to vote to require Israel to abide by the emergency orders, Al Jazeera reported.
What, if any, enforcement actions can the ICJ do?
Although the decision by the ICJ is legally binding, the court doesn’t have many options for enforcing its ruling.
Barak Medina, a professor at Hebrew University’s law school, said the effects of the ruling on the battlefield are “marginal,” though added calls for more humanitarian aid and a crackdown on incitement could have small effects on policies.
Israel, the New York Times writes, has ignored the ICJ’s findings before, such as in 2004, when it ordered a nonbinding opinion that an Israel security barrier inside the occupied West Bank be dismantled. Those walls and fences are still there.
Other countries have also resisted dictums by the court: Russia is still attacking Ukraine, despite an ICJ order to stop military operations in the country.
What is the Genocide Convention?
In its ruling, the ICJ told Israel to refrain from any acts that would fall under the Genocide Convention, which was the first human rights treaty adopted by the General Assembly of the United Nations in 1948. The United Nations calls the convention “the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War.”
“At least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the (Genocide) Convention,” the judges said.
Genocide, as defined by the convention, is any act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group,” by:
- Killing members of the group.
- Causing serious bodily or mental harm to its members.
- Deliberately inflicting conditions of life calculated to bring about the group’s destruction.
- Imposing measures intended to prevent births within the group.
- Forcibly transferring children of the group to another group.
What has the reaction been?
Palestinian Prime Minister Mohammad Shtayyeh said he hoped the decision would “include immediate action to stop the aggression and genocide against our people in the Gaza Strip,” and also called for “a rapid flow of relief aid to save the hungry, wounded and sick from the threat of slow death that threatens them.”
South Africa’s government said Friday’s ruling was a “decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.”
“In a landmark ruling, the International Court of Justice has determined that Israel’s actions in Gaza are plausibly genocidal and has indicated provisional measures on that basis,” a statement from South Africa said. “For the implementation of the international rule of law, the decision is a momentous one.”
Israel’s offensive in Gaza has decimated vast swaths of the territory. Nearly 85% of people in Gaza have been displaced, and United Nations officials have said they’re afraid more people will die from disease, especially with at least one-quarter of the population facing starvation.
This massive air and ground assault started after Hamas militants stormed southern Israel, killing 1,200 people and taking another 250 hostage.
Prime Minister Benjamin Netanyahu said in response to the ICJ ruling that “Israel has an inherent right to defend itself.”
“The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected,” Netanyahu said.
The Associated Press contributed to this report.