ICJ updates: Court orders Israel to prevent acts of genocide in Gaza
UN’s top court fails to order ceasefire, but says Israel must take measures to prevent acts of genocide in Gaza.
This live page is now closed. You can find all the latest news, analysis and reaction about the ICJ’s interim ruling and Israel’s war on Gaza here.
This live page is now closed. You can find all the latest news, analysis and reaction about the ICJ’s interim ruling and Israel’s war on Gaza here.
- The International Court of Justice (ICJ) has delivered its ruling on the emergency measures requested by South Africa in its genocide case against Israel over its war on the Gaza Strip.
- The court said, among others, that Israel must take steps to prevent acts of genocide in Gaza but stopped short of ordering a ceasefire.
- The judges have not ruled on the merits of the genocide allegations, which may take years to decide.
- Since October 7, Israel’s military campaign has killed at least 26,083 people and wounded 64,487 others, according to officials in Gaza. Thousands more are missing under the rubble, most of them presumed dead.
A recap of today’s developments
We will be closing this live page soon, so let’s bring you up to date on the key developments:
- In a historic ruling, the ICJ said it had jurisdiction to rule in the case filed by South Africa accusing Israel of committing genocide in Gaza.
- The interim ruling issued by the court ordered six provisional measures, including for Israel to take all measures to prevent genocidal acts, prevent and punish the direct and public incitement to genocide, and take immediate and effective steps to ensure the provision of humanitarian assistance to civilians in Gaza.
- The ICJ also ordered Israel to preserve evidence of genocide and to submit a report to the court within a month regarding its compliance with the order.
EU expects ‘full, immediate implementation’ of ICJ orders
The latest reaction to the ICJ’s interim ruling has come from the European Union.
“Orders of the International Court of Justice are binding on the parties and they must comply with them,” the European Commission said in a statement.
‘The European Union expects their full, immediate and effective implementation,” it added.
Israel must comply with key ICJ ruling, Amnesty says
Amnesty International has called the court’s order an “important step” that could help protect Palestinians from “further suffering and irreparable harm”.
The ruling issued by the ICJ ordered six provisional measures including for Israel to refrain from acts under the Genocide Convention, prevent and punish the direct and public incitement to genocide, and take immediate and effective measures to ensure the provision of humanitarian assistance to civilians in Gaza. The court has also ordered Israel to preserve evidence of genocide and to submit a report to it, within one month, of all measures taken in line with its order.
Agnes Callamard, Amnesty’s secretary general, says the interim ruling “sends a clear message that the world will not stand by in silence as Israel pursues a ruthless military campaign to decimate the population of the Gaza Strip and unleash death, horror and suffering against Palestinians on an unprecedented scale.
“However, the ICJ decision alone cannot put an end to the atrocities and devastation Gazans are witnessing. Alarming signs of genocide in Gaza, and Israel’s flagrant disregard for international law highlight the urgent need for effective, unified pressure on Israel to stop its onslaught against Palestinians. An immediate ceasefire by all parties remains essential and – although not ordered by the Court – is the most effective condition to implement the provisional measures and end unprecedented civilian suffering.”
Here’s what the ICJ interim ruling means for the war
The ICJ’s provisional measures stop short of calling for a ceasefire, but experts say the orders could make the war harder for Israel to wage.
Read the full story here.
ICJ ruling places Israel in a very difficult position: Lawyer
Geoffrey Nice, a British human rights lawyer, says the order places Israel in a very difficult position.
Nice, who was the lead prosecutor in Slobodan Milosevic trial at the international tribunal for the former Yugoslavia in The Hague, pointed out that a complete refusal to comply with the orders that have been given will “draw hatred from all sorts of places and add to what may seem to be a public sentiment that favours Palestinians.”
He also told Al Jazeera that by bringing this case to ICJ, South Africa did something that only one other country has ever done before, referring to The Gambia which launched a lawsuit accusing Myanmar of genocide against the Rohingya.
“What South Africa was showing, without spelling it out, is ‘we’ve done something that you – the United States, the United Kingdom, France, Germany, every other country that has power over Israel – should have been doing,” he said.
South African president delivers statement
Cyril Ramaphosa has spoken from Pretoria after the ICJ’s interim ruling on the case brought by South Africa against Israel.
Here are some of his televised comments:
- We expect Israel to abide by the World Court’s verdict.
- We firmly believe that following the ICJ judgement there should be more concerted efforts on a ceasefire.
- South Africans will not be passive bystanders while crimes are perpetrated upon other people elsewhere.
The ICJ order is clear: Scotland’s Humza Yousaf
Scottish leader Humza Yousaf has also reacted to the court’s interim ruling, saying the killing and destruction in Gaza must stop.
“Urgent humanitarian assistance must be provided to prevent more suffering. Hostages must be released immediately,” he wrote on X.
“With such death and destruction, we will continue to call for an immediate ceasefire.”
The #ICJ order is clear.
The killing and destruction in Gaza must stop.
Urgent humanitarian assistance must be provided to prevent more suffering.
Hostages must be released immediately.
With such death and destruction, we will continue to call for an immediate ceasefire.
— Humza Yousaf (@HumzaYousaf) January 26, 2024
Iran congratulates South Africa on ICJ ‘success’
Iranian Foreign Minister Hossein Amir-Abdollahian has congratulated South Africa and the Palestinian people on “success” at the ICJ.
“Today, the officials of the fake Israeli regime are the most hated people in the world’s public opinion, who must be brought to justice immediately for committing genocide and unprecedented war crimes against Palestinians,” he wrote on X.
“I must emphasise that the White House’s all-around support for the crimes of the Zionists will also never be forgotten, and is considered and followed up by public opinion,” Amirabdollahian said.
“I ask all my counterparts in countries around the world to support South Africa’s move in the International Court of Justice.”
Judge Julia Sebutinde only one to vote against all measures
As we reported before, Israeli Judge Barak voted in favour of two provisional measures.
ICJ Judge Julia Sebutinde from Uganda was the only judge to vote against all of them.
By my count the court had to vote on six provisional measures. Judge Sebutinde was the only judge that voted against all of them.
(Judge Barak, from Israel, even voted in favor of two – preventing incitment of acts genocide and humanitarian assistence provision)
— Gabriel Elizondo (@elizondogabriel) January 26, 2024
A ‘landmark decision’ puts Israel and its allies on notice: HRW
Balkees Jarrah, associate international justice director at Human Rights Watch, describes the ICJ’s ruling as a “landmark decision” that puts Israel and its allies on notice that immediate action is needed to prevent genocide and further atrocities” against the people of Gaza.
“Lives hang in the balance, and governments need to urgently use their leverage to ensure that the order is enforced. The scale and gravity of civilian suffering in Gaza driven by Israeli war crimes demands nothing less,” Jarrah said.
“The ICJ’s speedy ruling is recognition of the dire situation in Gaza, where civilians face starvation and are being killed daily at levels unprecedented in the recent history of Israel and Palestine.”
Jarrah also noted that the court’s “clear and binding orders raise the stakes for Israel’s allies to back up their stated commitment to a global rules-based order by helping ensure compliance with this watershed ruling”.
"The World Court’s landmark decision puts Israel and its allies on notice that immediate action is needed to prevent genocide and further atrocities against Palestinians in Gaza."
– @balkeesjarrah, associate international justice director at HRW pic.twitter.com/ZMblfF21w9
— Human Rights Watch (@hrw) January 26, 2024
Recap: The measures ICJ ordered Israel to take
These are the provisional measures that Israel must take immediately, as outlined earlier by ICJ President Joan Donoghue:
- By 15 votes to 2, the State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of the Article 2 of the Convention, in particular, A) killing members of the group, B) causing serious bodily or mental harm to the members of the group, C) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, and D) imposing measures intended to prevent births within the group.
- By 15 votes to 2, the State of Israel shall ensure, with immediate effect, that its military does not commit any acts described in point 1 above.
- By 16 votes to 1, the State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
- By 16 votes to 1, the State of Israel shall take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.
- By 15 votes to 2, the State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article 2 and Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip.
- By 15 votes to 2, the State of Israel shall submit a report to the court on all measures taken to give effect to this order within one month as from the date of the order.
Turkey’s Erdogan reacts to ICJ’s interim ruling
More international reaction is coming in.
“I find the temporary injunction taken by the International Court of Justice regarding the inhumane attacks in Gaza valuable and welcome it,” Turkish President Recep Tayyip Erdogan has said.
“We will continue to follow the process to ensure that war crimes committed against innocent Palestinian civilians do not go unpunished,” he wrote on X.
Erdogan also expressed “hope that this decision, which is binding on the countries party to the Genocide Convention, will lead to an end to Israel’s indiscriminate attacks against women, children and the elderly”.
‘Big win’ for South Africa despite ICJ not calling for ceasefire: Analyst
The fact that the ICJ went on for almost 36 minutes making the case of why, first of all, there is a dispute between South Africa and Israel, that South Africa has the right to take this up with the ICJ – and second, that the ICJ has jurisdiction in the case of Gaza, then that means it suspects there is genocide taking place inside Gaza.
It will take up the case.
Basically the ICJ was making the case that there is every evidence that could lead to the fact that Israel is carrying out a genocide in Gaza. South Africa asked first and foremost for a ceasefire. But the principle here for a court of justice to accept the case and the fact that they want reports from Israel moving forward is, in a big way, a big win for South Africa.
I am saddened by the fact that there is no ceasefire, but I am not as saddened because I know that Israel is not going to carry out the ceasefire. We knew from the past two weeks that Israel was not going to abide by any ceasefire ruling.
Israeli judge joins ICJ on aid, preventing and punishing genocide incitement
Kenneth Roth, the former executive director of Human Rights Watch, has commented on the ICJ’s ruling, saying in a post on X that it is “noteworthy” that even the Israeli judge, Aharon Barak, joined the court “on the points of preventing and punishing incitement to genocidal acts and allowing enough humanitarian aid to stop severe deprivation”.
Only Judge Julia Sebutinde from Uganda voted against.
Ruling to bring huge amount of pressure on Israel: Lawyer
Thomas Macmanus, director of the international state crime initiative at Queen Mary University of London, has highlighted that the court said that there is a plausible case of genocide in Gaza.
“So, we now have a serious risk of genocide,” Macmanus told Al Jazeera, noting that the law stipulates that once there is “a serious risk”, then states have to do “everything they can to stop enabling that genocide and to start taking all action in their capacity to prevent it”.
He added that there will now be a huge amount of pressure on Israel and its backers.
He also underlined the provisional measures setting out the actions that Israel has to take now, the first of which is to stop the killing if that is intended to destroy Palestinians.
“But further than that, they have said that the state of Israel must facilitate all necessary humanitarian aid and restore basic services, so that is, rebuild the health service that has been destroyed inside Gaza, and I think that’s a very strong statement,” he said.
Spain, Ireland also welcome ICJ decision
We now also have a statement by Spanish Prime Minister Pedro Sanchez.
“We welcome the decision of the International Court of Justice and call on the parties to implement the interim measures it has decreed,” he said on X.
“We will continue to advocate for peace and an end to the war, the release of hostages, access to humanitarian aid and the establishment of a Palestinian state alongside Israel, so that both nations can coexist in peace and security,” Sanchez added.
Meanwhile, Ireland strongly welcomed the ICJ’s interim ruling and said it expected Israel to implement all provisional measures ordered by the court.
‘Frustration and resentment’ in Gaza after ICJ session
There is a great deal of frustration and resentment because the one element that every single Palestinian across the Gaza Strip, including children, were waiting for is an end to this madness, a cessation of all hostilities and of the ongoing intense bombing.
They were waiting for that one statement that could have relieved an entire population largely displaced and, more profoundly, traumatised as the bombing continues across the Gaza Strip. Up until the statement was read, there was bombing going on in the city of Khan Younis and the northern part of the territory.
People have been saying that for weeks now, there is ongoing systematic killing of their own in Gaza. The UN warned of famine. The deputy secretary-general of the UN warned of systematic destruction of civic institutions and every means of life, turning Gaza into an uninhabitable place and forcing people into expulsion. This is continuing because of the mass bombing that has been relentless and very destructive and has turned Gaza into a death camp.
People just want this to end because they are tired, exhausted and want to go back to their homes and remaining family members. They want to go back to a normal life. But the statement did not give them that, and that is why they are restless.
‘West needs to look in the mirror and take tough decisions’
The US needs to look in the mirror. The UK, Germany and other countries who supported Israel in the past three months unconditionally also need to look in the mirror and reconsider their decision because the World Court has taken up the case of genocide against Israel for its actions in the past three months.
The principle of it, that it would take on the case and put Israel on notice and demand from it a number of things … I think that legally and morally sends a strong message to Israel and its backers that they need to cease and desist – even if the court did not spell it out.
Now it’s going to be the court of public opinion, especially for those in the West. There is a mounting public opinion in the US, UK and other parts of Western Europe to put pressure on their governments who presumably say that they consider human rights to be important and stand for universal values.
These Western powers once again need to look in the mirror and take some tough decisions.
This case is about South Africa being part of the so-called Global South taking up a case supported by the Global North in support of Israel basically committing genocide against the Palestinian people. If the Western world does not take measures now based on the ruling today, I think this is going to create more of a rift between the Western governments and the Global South.
‘If you read the order, by implication a ceasefire must happen’: South Africa
Speaking on the steps of the seat of the ICJ, Naledi Pandor, South Africa’s minister of international relations, tells reporters Israel will have to halt fighting in Gaza if it wants to adhere to the orders of the UN’s top court.
“How do you provide aid and water without a ceasefire?” Pandor said. “If you read the order, by implication a ceasefire must happen.”
In response to a question on whether she was disappointed that the ruling did not order a ceasefire, Pandor said she would not say she was disappointed but acknowledges she would have wanted the word “cessation” included.
“My hope is that we will begin to move toward a process where substantively a two-state solution is being discussed,” she added.
Back in South Africa, senior officials welcomed the ruling.
“It’s a watershed judgement for all those who want to see peace in Palestine,” Fikile Mbalula, secretary-general of the ruling African National Congress party, told reporters.
‘What Palestinians aspired for was an immediate ceasefire’
Lubna Farhat, member of Ramallah city council, has told Al Jazeera she was somewhat disappointed by the ICJ decision but acknowledged that it was a historic moment.
“We are very grateful and thankful for South Africa for filing this case, but what Palestinians aspired for was an immediate ceasefire,” Farhat said, adding that it was disheartening that the court did not call for an end in Israel’s military operations for the humanitarian aid to be allowed into Gaza.
She said the ruling would only “escalate” settler attacks in the occupied West Bank and increase the attackers’ sense of impunity.
Netanyahu issues video statement
We also have the first statement by the Israeli prime minister.
Netanyahu says in a video that Israel is fighting a “just war like no other”.
He added that Israel will continue to defend itself and its citizens while adhering to international law.
“The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected. The charge of genocide levelled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it,” Netanyahu said.
Ben-Gvir reacts to ICJ’s orders
Far-right Israeli National Security Minister Itamar Ben-Gvir mocks the ICJ after the court ended its reading.
“Hague shmague,” the minister wrote on X in the first comments by an Israeli official.
ICJ ruling shows that ‘no state is above the law’: Malki
Riad Malki, Palestinian minister of foreign affairs, has issued a statement responding to the International Court of Justice’s ruling on the emergency measures requested by South Africa in its genocide case against Israel over its war on the Gaza Strip.
Here is his full statement:
Palestine welcomes the significant order by the International Court of Justice in South Africa’s case against Israel under the Genocide Convention. In light of the incontrovertible evidence presented to the Court about the unfolding genocide, the ICJ ordered these provisional measures.
The ICJ ruling is an important reminder that no state is above the law or beyond the reach of justice. It breaks Israel’s entrenched culture of criminality and impunity, which has characterized its decades-long occupation, dispossession, persecution, and apartheid in Palestine.
Israel failed to convince the Court that it was not violating the Genocide Convention. The ICJ judges saw through Israel’s politicization, deflection, and outright lies. They assessed the facts and the law and ordered provisional measures that recognized the gravity of the situation on the ground and the veracity of South Africa’s application. Israel is accused of destroying an entire people and will now stand accused of Genocide, the crime of all crimes.
Palestine calls on all states to ensure respect for the order of the International Court of Justice, including by Israel. Governments must ensure they are not complicit in this genocide, starting with stopping arms trade with Israel. Governments must also endeavor to stop the industrial slaughter and destruction in Gaza. This is now a binding legal obligation.
The Palestinian people and leadership will be forever grateful to the people and goverment of South Africa for taking this bold step of active solidarity. We are also grateful to the millions of people who have not stopped taking to the streets around the world to protest the genocide and champion Palestinian rights to life and freedom.
Palestine will continue to work with allies to ensure an end to the genocide, accountability for the atrocious crimes, and the protection of our collective rights as peoples of the world to equal human rights, justice, and freedom. This is a fight for humanity the world cannot afford to lose.
Palestine welcomes the provisional measures ordered by the International Court of Justice today. The ICJ judges assessed the facts and the law. They ruled in favor of humanity and international law.
We call on all states to ensure that all provisional measures ordered by the… pic.twitter.com/mCSuLxo7or
— State of Palestine – MFA 🇵🇸🇵🇸 (@pmofa) January 26, 2024
ICJ ruling ‘contributes to isolating’ Israel
Hamas has hailed the court’s “important” ruling, saying it “contributes to isolating Israel”.
“The [International] Court of Justice’s decision is an important development which contributes to isolating Israel and exposing its crimes in Gaza,” it said in a statement.