The UN court orders Israel to prevent genocide, but does not demand that the war be stopped

The United Nations' highest court said Friday that Israel must take action to prevent genocide by its forces in the Gaza Strip, adding to international pressure on Prime Minister Benjamin Netanyahu to reduce death and destruction in the battered Palestinian enclave .

But the court did not rule on whether Israel committed genocide or call on Israel to halt its military campaign to crush Hamas, as South Africa, which brought the case, had requested.

Although the ruling contained elements that both sides could embrace, the court allowed the case accusing Israel of genocide to proceed, likely keeping the country under international scrutiny for years to come.

“The court is acutely aware of the magnitude of the human tragedy unfolding in the region and is deeply concerned by the continued loss of life and suffering,” said Joan E. Donoghue, President of the International Court of Justice in The New York Times. Haag, she said when she announced the interim ruling. The decision also ordered the delivery of more humanitarian aid to the Palestinians and called for the release of hostages held by armed groups in Gaza.

South Africans arguing the case this month have equated the oppression they faced under apartheid with the plight of Palestinians.

The charge of genocide is highly sensitive for Israel, which was founded in 1948 in the aftermath of the Holocaust. Many Israelis argue that it is Hamas that should be charged with genocide after the October 7 attack, when Israeli officials say about 1,200 people were killed in Israel and about 240 captured.

“The idea that Israel is committing genocide is not only false, it is outrageous, and the court's willingness to discuss it is a sign of shame that will last for generations,” Netanyahu said in a statement on Friday.

For many Palestinians, the court ruling was a rare moment of reckoning for Israel, whose campaign has been championed by the United States and other close allies. More than 25,000 people have been killed in Gaza, nearly 2 million have been displaced and half the population is at risk of starvation since the Israeli offensive began, according to the territory's health officials and the United Nations.

“States now have clear legal obligations to stop Israel's genocidal war against the Palestinian people in Gaza and ensure that they are not complicit,” said Riad Malki, the Palestinian Authority's Foreign Minister, who in part Israel controls the occupied West Bank. .

Husam Zomlot, the Palestinian ambassador to Britain, said the decision should force the United States and its allies to rein in the Israeli military. “For 75 years, Israel has been getting away with murder,” Mr. Zomlot said in an interview. “But it won't get away with genocide.”

But some Palestinians expressed extreme disappointment that the court had not ordered Israel to halt its military offensive. “You have failed the Palestinians again,” Hind Khoudary, a journalist in Gaza, further wrote social media.

The US State Department said the decision was “consistent with our understanding that Israel has the right to take action to ensure that the October 7 terrorist attacks cannot be repeated, consistent with international law.”

The Biden administration has staunchly supported Israel's right to defend itself against Hamas, while at the same time pushing to do more to protect civilians.

“We continue to believe that allegations of genocide are unfounded,” the State Department said in a statement, “and note that in its ruling the court did not rule on genocide or call for a ceasefire and that it has called for the unconditional, immediate release of all hostages held by Hamas.”

Although the ruling is considered legally binding, the court does not have the means to implement it but has ordered Israel to report on its progress within a month. The court, established by the founding statute of the United Nations in 1945, was established to settle disputes between member states.

Also known as the World Court, it typically has a panel of fifteen judges elected by the General Assembly and the Security Council. In this case, Israel and South Africa have each appointed an additional judge to sit in court on their behalf.

In a packed courtroom earlier this month, lawyers for South Africa argued that Israel had intended to “create conditions of death” in Gaza and urged judges to immediately suspend Israel's military campaign.

Israel argued it took steps to protect civilians by warning them to evacuate northern Gaza before it invaded and resuming food and fuel deliveries to the enclave.

Israel said Hamas is responsible for endangering Gazans, claiming the group is hiding its fighters and weapons in tunnels, schools and hospitals. Israel also said that statements by its ministers, which South Africa had cited as evidence of genocidal intent, were either taken out of context or made by officials without executive authority over the military.

In his Interim ruling of 29 pagesthe court said that Israel must “take all measures within its power” to prevent violations of the Genocide Convention adopted by the UN General Assembly in 1948.

In particular, it said that Israel may not take certain actions with the intent to destroy, in whole or in part, the Palestinians as a group, including killing them; cause them “serious physical or mental harm”; the deliberate imposition on them of 'living conditions' intended to bring about their 'physical destruction in whole or in part'; or imposing measures to prevent births.

The court said Israel must also prevent and punish “direct and public incitement to genocide” and allow urgently needed aid to Gaza.

Mr. Netanyahu noted that the court has not ordered Israel to end its military offensive, which he said would continue until Hamas is dismantled and the remaining hostages, numbering more than 100, are released.

“Like any state, Israel has the fundamental right to self-defense,” Netanyahu said. “The court rightly rejected the outrageous demand to nullify that right.”

Raz Nizri, a former Israeli deputy attorney general, said Israel is already taking most of the actions ordered by the court, such as ensuring the flow of humanitarian aid to Gaza and punishing statements that could incite genocide.

“And there was no order to stop the fighting,” he said. “It is extremely important that no such order has been given.”

But some Palestinians said the ruling could increase pressure on Israel to curb its military offensive.

“It is impossible to implement the decisions of the International Court of Justice without an immediate and permanent ceasefire,” said Mustafa Barghouti, a Palestinian opposition politician based in Ramallah, West Bank. He and others said the ruling was a rare example of Israel being held accountable on the world stage after long being shielded from scrutiny at the United Nations by the United States and other powerful allies.

“The problem over the past 112 days is that Israel has operated with complete impunity,” said Diana Buttu, a Palestinian-Canadian lawyer and former adviser to the Palestinian Liberation Organization negotiating team. “This is now a departure from that impunity, because there is now a court that says there is a plausible risk of an imminent genocide.”

South Africa also welcomed the ruling, with members of the country's ruling party, the African National Congress, chanting “Free! Free! Palestine!” in Johannesburg, as the decision was announced.

The ruling was “a decisive victory for the international rule of law and an important milestone in the quest for justice for the Palestinian people,” South Africa said. a statement.

Reporting was contributed by Edward Wong, John Eligon And Isabel Kershner.