The United Nations’ top court Friday ordered Israel to take measures to prevent acts of genocide by its military in Gaza, but stopped short of demanding a cease-fire.
The provisional ruling by the International Court of Justice came in a case brought by South Africa that accuses Israel of committing genocide against Palestinians in the small coastal enclave.
In the ruling, the court instructed Israel to do more to protect life and prevent destruction in Gaza, including allowing in more humanitarian aid. It ordered Israel to report back within a month to show that it is complying.
But it did not grant South Africa’s request that Israel be ordered to halt its military campaign while the court considers the genocide allegations.
The court’s order is non-binding, and Israel does not recognize the court’s jurisdiction, although it sent lawyers to argue its case. Israeli Prime Minister Benjamin Netanyahu had insisted that Israel would pursue its war regardless of the court’s decision.
“Nobody will stop us,” he said earlier this month. “Not The Hague … not anybody else.”
Israel’s ongoing offensive was launched after the Hamas militant group’s deadly Oct. 7 cross-border attack. Israel says 1,100 people, the majority of them civilians, were killed in the incursion, and more than 200 people were kidnapped.
Israel’s relentless aerial bombardment and ground campaign in Gaza has killed nearly 26,000 people, according to the enclave’s Hamas-run Health Ministry. The figure does not differentiate between combatants and noncombatants, but officials say that two-thirds of the victims have been women and children.
On Dec. 29, South Africa went to the International Court of Justice to formally accuse Israel of committing genocide.
At a two-day hearing this month, South Africa laid out evidence, including public statements by top Israeli officials, that Israel was trying to “destroy Palestinians in Gaza.”
Israel described the filing as a “despicable and contemptuous exploitation of the Court.” It rejects the accusation, saying it is at war not with Gazans but Hamas and has tried to limit the war’s impact on civilians. It asked the court to dismiss the charges.
The case may take years to be decided. In the interim, South Africa asked the judges to issue calls for an immediate cease-fire to protect Palestinians in Gaza while it winds its way through court.
In the interim ruling, the 17-judge panel upheld South Africa’s right to take Israel to court despite the fact that it is not a party to the conflict.
She also quoted statements from Israeli leaders, including Defense Minister Yoav Gallant, who told soldiers in the opening days of the war: “We are fighting human animals … Gaza won’t return to what it was before.”
“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,” Donoghue said.