A signal from The Hague. Israel must answer for allegations of genocide. The highest UN court also sees the risk. But what does that mean for military operations?
The International Court of Justice has found a risk of genocide in the Gaza Strip, but does not oblige Israel to end the military operation. However, the United Nations’ highest court ordered Israel to take more protective measures for Palestinians to prevent genocide.
It is a clear signal from the judges. They see the danger that the Genocide Convention could be violated. Israel had rejected South Africa’s allegations as baseless and invoked the right to self-defense after the devastating massacre by Hamas and other terrorist groups on October 7th.
Cheers broke out in front of the Peace Palace in The Hague, the seat of the court. Hundreds of pro-Palestinian demonstrators, including Swedish climate activist Greta Thunberg, watched the verdict being read out on a large screen. Pro-Israel demonstrators outside the court, however, recalled the fate of the Israeli hostages held in the Gaza Strip since the October 7 massacre.
Genocide trial not completed
The judges only partially complied with an urgent request from South Africa, which had called for an immediate cessation of military actions. But Israel must now take protective measures and allow more humanitarian aid. Israel must also do everything it can to prevent and punish calls for genocide, the judges found.
It is a first decision in the genocide trial. South Africa filed a lawsuit against Israel at the end of December. The court has not yet made a final decision on the main accusation of genocide. Such a process can take years.
Decisions of the UN court are binding. But the judges have no power to enforce these. It is unclear whether Israel will comply with this order. It is not known when the trial on the main charge of genocide will begin.
Palestinian Foreign Minister welcomes decision
The Foreign Minister of the Palestinian Authority, Riad Malki, welcomes the decision of the UN World Court. “The judges of the International Court of Justice proceeded from the facts and the law. They ruled in favor of humanity and international law,” said the statement, which was published. All states, including Israel, are now called upon to implement the decision.
Netanyahu: Israel respects international law
Israeli Prime Minister Benjamin Netanyahu reacted cautiously to the UN court’s decision that his country must take more protective measures for Palestinians in the military offensive in the Gaza Strip. “Israel’s respect for international law is unshakable,” Netanyahu said in a video message. At the same time, Israel will continue to “defend itself against Hamas, a genocidal terrorist organization.”
Israel’s right-wing extremist Police Minister Itamar Ben-Gvir was clearly negative about the UN judges’ decision. The “anti-Semitic court in The Hague” aims “not at justice, but at the persecution of the Jewish people.” The judge’s ruling endangers the continued existence of the State of Israel, said Ben-Gvir, who is also Minister for National Security.
Hamas welcomes International Court of Justice decision
The Islamist Hamas has welcomed the decision of the International Court of Justice in The Hague, according to which Israel must take more protective measures for Palestinians during its military operation in the Gaza Strip. “This is an important development that contributes to Israel becoming internationally isolated,” said a spokesman for the terrorist organization. The proceedings before the UN World Court will “showcase Israel’s crimes in the Gaza Strip,” he added, according to the statement. The international community must now force Israel to implement the judge’s ruling.
South Africa: UN court decision is “decisive victory”
South Africa has hailed the International Court of Justice’s decision that there is a risk of genocide in the Gaza Strip as “a decisive victory for the international rule of law”. The decision by the United Nations’ highest court is “a significant milestone in the search for justice for the Palestinian people,” the Foreign Ministry said.
The International Court of Justice’s decision was “groundbreaking,” said South Africa’s Foreign Ministry. Third states that have previously supported Israel should immediately ensure that they themselves do not violate the Genocide Convention by stopping financing and facilitating Israeli military actions, it said.
UN chief reminds us of the binding effect
After the decision of the International Court of Justice in The Hague on the Gaza war, UN Secretary General António Guterres reminded that decisions of the ICJ are binding. Everyone involved must adhere to the judge’s ruling, Guterres said in New York, according to the statement. The decision demands, among other things, that Israel must better protect the civilian population during its military operation in the Gaza Strip. Guterres said, as required by the regulations, he would now inform the UN Security Council accordingly.
EU demands Israel implement court decision
Ursula von der Leyen’s EU Commission and EU foreign policy chief Josep Borrell have called on Israel to comply with the International Court of Justice (ICJ) decision on the Gaza war. “The EU expects that the measures ordered by the ICJ will be implemented fully, immediately and effectively,” they said. Decisions of the International Court of Justice are binding on the contracting parties, which means that the contracting parties must comply with them.
Borrell and the EU Commission did not comment on the content of the judge’s ruling. It was simply said that the decision was taken into account. The EU pledges its continued support to the International Court of Justice as the main judicial body of the United Nations. The decision on South Africa’s request for interim measures shall not affect the right of each Party to raise arguments relating to jurisdiction, admissibility or merits.
Baerbock: Israel must observe temporary orders
On the sidelines of her multi-day trip to East Africa, Foreign Minister Annalena Baerbock expressed support for the measures provisionally ordered by the International Court of Justice against Israel. These are binding under international law and Israel must adhere to them during its military operation in the Gaza Strip, said Baerbock.
Baerbock further explained: “The Court has also made it clear that Israel’s actions in Gaza follow the barbaric terror of October 7th, and reminded that Hamas is also bound by international humanitarian law and must finally release all hostages. We will support with all our might, as well as the measure ordered by Israel to urgently allow more humanitarian aid into Gaza.”