World Court tells Israel to ‘take all measures’ to prevent genocide in Gaza; stops short of ordering ceasefire

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

President of the International Court of Justice Judge Joan E Donoghue delivers a ruling on South Africa’s request for emergency measures against Israel as part of its accusations of state-led "genocide" in Gaza, January 26, 2024. (Youtube screenshot)
President of the International Court of Justice Judge Joan E Donoghue delivers a ruling on South Africa’s request for emergency measures against Israel as part of its accusations of state-led "genocide" in Gaza, January 26, 2024. (Youtube screenshot)

The International Court of Justice issues a series of provisional measures against Israel on the basis that the rights of the Palestinians not to be subject to genocide must be protected before the court can make a final ruling on the merits of the case.

The court says that Israel must “take all measures within its power” to prevent the commission of genocidal acts against the Palestinians as laid out in Article 2 of the Genocide Convention.

Critically, however, the court does not grant South Africa’s demand for an immediate unilateral ceasefire in Israel’s military operation against Hamas in Gaza.

It says Israel must prevent the killing or injuring of Gaza’s Palestinians, must prevent conditions calculated to wholly or partly destroy Gaza’s populace, and must prevent conditions intended to prevent births among Gazans.

The measures are supported by an overwhelming 15-2 majority on the bench, including by its US president Joan Donoghue. Israel’s Aharon Barak is one of the dissenters.

The court also orders Israel to take steps to prevent and punish incitement to genocide against the Palestinians, and take measures to provide “urgently needed assistance to address the adverse conditions of life in Gaza.”

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