President of ICJ Jane Donoghue reads ruling on genocide claims against Israel
(Reuters)
The International Court of Justice in the Hague, on Friday did not demand an end to the fighting in Gaza as requested by South Africa. In a sweeping ruling by a majority of the 17-judge panel the court ordered Israel to take all measures within its power to prevent genocide in Gaza.
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Israel was also ordered to take steps to provide aid to Gaza which the court agreed was in the midst of a humanitarian catastrophe and to avoid causing destruction. Israel was also ordered to prevent and punish any calls for genocide or incitement of genocide, after noting that the steps taken thus far by the Israeli attorney general, were not sufficient.
The ruling read by ICJ President Justice Jane Donoghue, included the decision of 15 out of the 17-member panel of judges, that the court has jurisdiction to decide whether Israel had committed genocide, as claimed by South Africa although no final ruling has been made. The court also has jurisdiction to decide on interim measures if there is cause for concern that without immediate steps, irreparable harm could come to the Palestinians in Gaza, but the court is not limited to measures requested by South Africa.
In the ruling, Justice Donoghue said that Israel's assault on Gaza resulted in a large number of dead, wounded and displaced people and in widespread destruction to civilian infrastructure. She said although data cannot be verified the estimates are that over 25,000 Palestinians were killed in the war, many homes damaged, 1.7 million displaced and quoted the World Health Organization figures stating that 93% of the population of Gaza was suffering from hunger.
The court noted statements made by President Issac Herzog and Defense Minister Yoav Gallant and then Energy Minister Israel Katz in the early days of the war, in the wake of the Hamas massacre.
Herzog said in the statement referred to by the court that Israel was abiding by international law but that it was not true that Gazan's were not complicit in the crimes of Hamas. Gallant said there would be no water, electricity or food in Gaza after the Hamas massacre, he then told troops preparing to invade the Strip that he was lifting all limitations on their fight. Katz said in a post on X that all Gazans must leave.
The South Africans asked the court to intervene and impose measures on Israel including an injunction to cease fighting against the Hamas terror group after it murdered 1,400 people in the October 7 massacre and abducted hundreds, many of whom are still held hostage.
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South African Foreign Minister Naledi Pandor (center) attends the reading of ICJ ruling on Friday
(Photo: Reuters)
Prime Minister Benjamin Netanyahu said in a statement soon after the court adjourned that the charge of genocide leveled against Israel were not only false, but outrageous.
Prime Minister Benjamin Netanyahu's comments on the decision of the International Court of Justice
"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people," Netanyahu said. "The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected."
First published: 14:01, 01.26.24