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Gaza: ICJ does not order ceasefire but dismisses Israeli call to throw out genocide case

It ordered Israel to take all measures within its power to prevent genocide and report back to the court within one month
Jack Quann
Jack Quann

13.14 26 Jan 2024


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Gaza: ICJ does not order cease...

Gaza: ICJ does not order ceasefire but dismisses Israeli call to throw out genocide case

Jack Quann
Jack Quann

13.14 26 Jan 2024


Share this article


The International Court of Justice has ordered Israel to do everything in its power to prevent genocide in Gaza - but stopped short of ordering the country to end its offensive.

The ruling by judges in The Hague comes at an early stage in South Africa's case alleging that Israel's military action in its war with Hamas in Gaza is genocidal.

The court today ruled that it does have jurisdiction to hear arguments and it therefore denied Israel's request to throw out the case.

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It ordered Israel to take all measures within its power to prevent genocide and to report back to the court within one month.

Israel has been ordered to report back to the court within one month.

South Africa filed the case, arguing Israel is breaching the United Nations Convention on Genocide by "killing Palestinians in Gaza, causing them serious bodily and mental harm and inflicting on them conditions of life calculated to bring about their physical destruction".

Israel rejected the accusation as false and "grossly distorted" and asked the court to throw out the case, saying it makes the utmost efforts to avoid civilian casualties in Gaza.

While the judges consider the genocide allegations - which may take years to rule on - South Africa asked the court "as a matter of extreme urgency" to issue an interim order compelling Israel to suspend military operations to protect Palestinians in Gaza while the case proceeds slowly through the court.

"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," Court President Joan E Donoghue said.

The ICJ's rulings are final and without appeal, but it has no way of enforcing them.

'Humanity and international law'

Israel on Thursday expressed confidence that the court would "throw out these spurious and specious charges".

Palestine welcomed the provisional measures ordered by the court, with Foreign Minister Riyad al-Maliki saying: "The ICJ judges assessed the facts and the law, they ruled in favor of humanity and international law."

Mr Al-Maliki added that Palestine calls on all states to ensure the measures ordered by the court are implemented "including by Israel, the occupying power."

South Africa also welcomed the measures describing the ruling as a "decisive victory for the international rule of law".

Hamas said it would abide by an ICJ ceasefire order if Israel reciprocates.

Death toll

South Africa had claimed Israel was "failing to prevent genocide and is committing genocide" in its war with Hamas.

In the court documents, it also acknowledged "direct targeting of Israeli civilians and other nationals and hostage-taking by Hamas" on and after October 7th, which it said may breach international law.

According to the Hamas-run Palestinian health ministry, 25,000 Palestinians have been killed in Israeli attacks since the conflict started.

Nearly all of the 2.3 million population of Gaza have been displaced by heavy bombing.

There have been numerous calls for Ireland to support the South African case.

Trócaire CEO Caoimhe de Barra has said Ireland has a 'legal obligation' to prevent genocide in Gaza.

She said Ireland's call for a ceasefire is "no longer enough".

Taoiseach Leo Varadkar has said he would feel "uncomfortable" about using the word ‘genocide’ to describe Israel's actions in Gaza.

Additional reporting: IRN

Main image:  Judge Joan E Donoghue, president of  International Court of Justice, delivers its initial findings on South Africa v. Israel at the Peace Palace in The Hague, 26-1-24. Image: International Court of Justice

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