The World Court in The Hague has ordered Israel to take action to prevent acts of genocide as it continues its military campaign against Hamas militants in the Gaza Strip. However, the court stopped short of calling for an immediate ceasefire. The ruling, which came as a result of a case brought by South Africa, states that Israel must ensure its forces do not commit genocide and must take measures to improve the humanitarian situation for Palestinian civilians in Gaza. The court’s decision, which was supported by 15 of the 17 judges on the International Court of Justice panel, covers most of what South Africa requested, except for ordering a halt to Israeli military action in Gaza.
Israel’s military operation in Gaza has caused significant destruction and has resulted in the deaths of over 25,000 Palestinians over the course of nearly four months, according to Gaza health authorities. The operation was launched in response to a cross-border attack by Hamas militants on October 7. Israeli officials claim that 1,200 people were killed during the operation, mostly civilians, with 240 taken hostage.
The court expressed grave concern about the fate of the hostages in Gaza and called on Hamas and other armed groups to release them immediately without any conditions. While the ruling was welcomed by Palestinians, it poses an embarrassment for Israel and its allies, including the United States.
Israel had requested the court to reject the case, arguing that it abides by international law and has the right to defend itself. However, the court stated that Israel must take all necessary measures within its power to prevent acts of genocide, as outlined in Article II of the Genocide Convention. Israel is required to report back to the court on the steps it is taking within one month.
Israeli Prime Minister Benjamin Netanyahu denounced the charge of genocide as “outrageous” and asserted that Israel will do whatever is necessary to defend itself. He described the attempt to deny Israel the right to self-defense as blatant discrimination against the Jewish state.
Although the decisions of the International Court of Justice are final and without appeal, the court lacks the means to enforce them. At this stage, the court did not rule on whether genocide has occurred in Gaza, but it recognized the right of Palestinians in Gaza to be protected from acts of genocide.
Following the court’s verdict, South Africa’s deputy president Paul Mashatile and Justice Minister Ronald Lamola were seen celebrating at a gathering of the governing African National Congress party. South Africa had argued that Israel’s offensive in Gaza aimed to bring about the destruction of the population.
The 1948 Genocide Convention, established in response to the Holocaust, defines genocide as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. The convention includes acts such as killing members of the group, causing serious bodily or mental harm, and deliberately inflicting conditions of life calculated to bring about the group’s destruction.
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