The International Court of Justice calls on Israel to prevent genocide in the Gaza Strip

The International Court of Justice ruled on January 26 that Israel must take all measures to prevent acts of genocide in the Gaza Strip, but it did not oblige Israel to immediately cease fire, reports DW.

Photo: IStock

The Republic of South Africa (RSA) has gone to court accusing Israel of “genocide against the Palestinian population.” South Africa has demanded that the court oblige Israel to immediately stop its military operation against the Hamas terrorist group in the Gaza Strip.

In response, South Africa stated that “Israeli’s actions violated the UN Genocide Convention, and this led to the destruction of a significant part of the Palestinian national, racial and ethnic group.”

“The acts at issue include killing Palestinians in the Gaza Strip, causing them serious physical and mental injury, and inflicting living conditions calculated to bring about their physical destruction,” the South African lawsuit says. “All of these actions are the fault of Israel, which is committing genocide in clear violation of the Genocide Convention.”

Israeli lawyer Tal Bekker called South Africa's claims a “deeply distorted picture” and “an out-of-context and manipulative description of reality.”

Becker showed the court photographs of the brutal Hamas attack on October 7 and said that “if there were any acts that could be described as genocide, they were committed against Israel.”

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The appeal, which representatives of South Africa submitted to the court on December 29 last year, proposed to introduce temporary measures, including obliging Israel to:

• stop actions that cause injury and death to residents of the Gaza Strip;
• stop the eviction of Palestinians from their homes;
• provide Palestinians with access to food, water and medical care;
• ensure the preservation of evidence and evidence;
• prevent the situation from getting worse;
• provide the judges with a report on the measures taken.

In its decision dated January 26, the court granted the claim in part and demanded that Israel “take measures to prevent genocide of the Palestinian population of the Gaza Strip, in particular, not to allow calls for genocide, not to destroy evidence of possible crimes, and also to contribute to improving the humanitarian situation in the region.”

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Israel is required, among other things, to identify and prosecute those who allegedly commit crimes against Palestinians. According to the court's decision, Israel must report to the court on the measures taken in a month. Separately, the court demanded the immediate release of hostages held by Hamas and other armed groups in the Gaza Strip.

The court did not order a ceasefire, as requested by South Africa.

Reaction to the court decision

The South African government, despite the fact that not all of its demands were satisfied, welcomed the court's decision. The authorities of the Palestinian Authority (they do not control the Gaza Strip) also assessed it positively.

The Israeli authorities condemned this decision. For Prime Minister Benjamin Netanyahu, the fact that the court accepted the case on genocide charges is “a disgrace.” At the same time, Netanyahu called it “fair” that the court refused to demand that Israel stop the fighting. He noted that Israel will continue to defend itself and will wage war against Hamas until victory.

“Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and our people. Like every country, Israel has the inalienable right to defend itself,” he said.

The European Union said it wants “immediate” implementation of the UN court's ruling and expects Israel and Hamas to comply fully with it, including the release of all hostages held in the Gaza Strip.

Reaction Jewish Federations of North America (JFNA)

In response, the Jewish Federations of North America sent a letter to the journalist saying: “Today’s deeply flawed decision by the International Court of Justice in The Hague nevertheless reaffirms Israel’s right to continue to defend itself against continued attacks by Hamas, Hezbollah and the Houthis since the horrific attack on October 7th, its deadliest day yet.” for Jews since the Holocaust.

However, the court should not have taken into account the absurd and illegal claim that Israel is committing genocide in its defensive war against a terrorist enemy. The court's decision ignores the important measures that Israel, in accordance with international law, is taking to avoid civilian casualties and provide humanitarian assistance to innocent Gazans. Israel is fighting an enemy that deliberately flouts the rules of war and exploits civilians for its own purposes.

On the eve of International Holocaust Remembrance Day, we have a responsibility to ensure that the meaning of the term “genocide” is not distorted or devalued for political purposes. In this war, the only party with genocidal intent is Hamas."

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