ICJ: Israel must take immediate measures to prevent its forces from committing acts of genocide in Gaza

The International Court of Justice ruled on Friday that Israel must "take all measures within its power" to prevent all acts falling within the scope of the genocide convention, according to the preliminary ruling handed down by the judges in the case it opened South Africa against the authorities in Tel Aviv whom it accuses of genocide in the Gaza Strip. The judges of the International Court of Justice call on the Israeli authorities to immediately ensure that Israel's armed forces do not commit any act that could be classified as genocide. At the same time, the Israeli government must take immediate steps to improve the humanitarian situation in Gaza.

In the preamble to Friday's preliminary decision, the ICJ showed that it is competent to judge that case, basically rejecting Israel's request to cancel the file submitted by South Africa,

Judge Joan Donoghue, who read the sentence, said: "The court considers that it cannot grant Israel's request that this case be removed from the general list because the court has concluded that it has jurisdiction to hear the case. In the court's view, at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to fall within the scope of the genocide convention. The Palestinians constitute a distinct national, ethnic, racial or religious group and therefore a protected group within the meaning of Article 2 of the Genocide Convention".

After the court ruling, Israeli Prime Minister Benjamin Netanyahu said his country was waging a "just war like no other" and added that Israel would continue to defend its citizens while respecting international law. In contrast, Israel's far-right National Security Minister, Itamar Ben-Gvir, found the Court's preliminary ruling ridiculous.

On the other hand, Riad Maliki, the Palestinian Minister of Foreign Affairs said, according to AlJazeera: "Palestine welcomes the significant order of the International Court of Justice in the case of South Africa against Israel under the Genocide Convention. In light of the indisputable evidence presented to the Court regarding the conduct of the genocide, the ICJ ordered these provisional measures. The ICJ judgment is an important reminder that no state is above the law or beyond the reach of justice. It breaks with Israel's entrenched culture of criminality and impunity that has characterized occupation, dispossession, persecution and apartheid in Palestine for decades. (...) Palestine calls on all states, including Israel, to ensure compliance with the decision of the International Court of Justice. Governments must ensure that they are not complicit in this genocide, starting with stopping the arms trade with Israel. Governments must also work to stop the destruction of Gaza's industry. This is now a legal obligation."

According to Reuters, a senior Hamas official, Sami Abu Zuhri, called the court decision an important development that helps isolate Israel and expose its crimes in Gaza.

"We demand that the occupants be forced to comply with the court's decision," he told the quoted source.

In reasoning the preliminary ruling, the court considered statements by members of the government in Tel Aviv, including Israeli Defense Minister Yoav Gallant, who announced a "complete siege" of Gaza and said Israel was fighting with "human animals", as well as a message posted on the X network - formerly Twitter - by the Israeli minister of infrastructure in which he stated in October 2023: "We will fight against the terrorist organization Hamas and destroy it. All civilians in Gaza are ordered to leave immediately. We will win. They won't get a single drop of water or a single battery until they leave."

The judges did not rule on the merits of the genocide charges, with the actual trial continuing. Since October 7, Israel's military campaign has killed at least 26,083 people and wounded another 64,487, according to Gaza officials. Thousands more are missing under the rubble.

Israeli officials have denied all the allegations, saying that Israeli authorities respect international law and defend themselves against Hamas.