The U.N.’s International Court of Justice has ordered Israel to “take all measures in its power” to prevent genocide against Palestinians in the Gaza Strip but stopped short of ordering a cease-fire in the embattled territory.
The preliminary ruling delivered Friday by the 17-judge ICJ ordered Israel to enable the provision of basic services and humanitarian assistance in Gaza, where most of the territory’s 2.3 million people are struggling to find adequate food and shelter after three months of fighting between Israel and militant group Hamas.
The case was brought to the court by South Africa, which argued that Israel is violating the 1948 United Nations Genocide Convention, established in the aftermath of World War II and the Holocaust.
In presenting the ruling, Presiding Judge Joan Donoghue said preventing genocide, in accordance with the genocide convention, would include “preventing serious bodily or mental harm to members of the group and deliberately inflicting conditions calculated to bring about the group's physical destruction.”
Donoghue said as part of the ruling Israel must take immediate measures to “enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life.”
Israel has dismissed the allegations by South Africa as hypocritical and reflecting “a world turned upside down.” Israeli leaders defend their air and ground offensive in Gaza as a legitimate response to Hamas' October 7 attack, when militants stormed through Israeli communities, killing some 1,200 people and taking around 250 hostages.
Following the ruling, Israeli Prime Minister Benjamin Netanyahu rejected the genocide claims as “outrageous” and vowed to press ahead with the war.
Palestinian officials largely hailed the decision. The Palestinian Foreign Ministry said it was a welcome reminder that "no state is above the law.” Sami Abu Zuhri, a senior Hamas official, told Reuters the decision would contribute to "isolating the occupation and exposing its crimes in Gaza."
The advocacy group Human Rights Watch applauded the ruling. In a statement, the group’s associate international justice director, Balkees Jarrah, said the ruling “puts Israel and its allies on notice that immediate action is needed to prevent genocide and further atrocities against Palestinians in Gaza.”
Jarrah said the “speedy” ruling is recognition of the dire situation in Gaza.
U.S. and U.N. reaction
U.S. National Security Council spokesperson John Kirby told reporters at the White House Friday the United States has not seen anything that validates a claim of genocidal intent or action by Israel.
"We have no indication that that's going on — no indication that they are deliberately trying to exterminate the people of Gaza," Kirby said.
In a response to a question from Voice of America, Kirby said the ICJ ruling is unlikely to change the U.S. policy or messaging around the war.
“We'll have to watch how the process plays out. But it's difficult to see that it alone is going to change the approach. As I said, the president believes the approach we have been taking has been getting results, and we're going to keep at that,” he said.
A U.S. State Department spokesperson said Friday the U.S. continues to believe the genocide allegations to be "unfounded" and underscored the court "did not make a finding about genocide." The spokesperson added that the U.S. has "consistently made clear that Israel must take all possible steps to minimize civilian harm."
Spokesperson for the secretary-general of the United Nations Stephane Dujarric also responded to the ruling Friday, telling reporters the secretary-general "takes special note of the court's order to Israel to ensure the provision of urgently needed basic services and humanitarian assistance."
Provisional measures ordered by the world court are legally binding, but it is not clear if Israel will comply with them. The court, meanwhile, is expected to take years to rule on the full case alleging genocide brought by South Africa.
Some information for this report was provided by The Associated Press, Reuters and Agence France-Presse.
