The International Court of Justice (ICJ) has ruled that Israel must report back to it in a month's time on the measures it is taking to ensure a genocide of Palestinians is not taking place in its war against Hamas—but stopped short of calling for it to cease its military action in Gaza.
In a ruling issued on Friday, the court also ordered that Israel take steps to preserve evidence from the conflict that may be pertinent to its ongoing proceedings regarding allegations of genocide and take steps to prevent acts that contribute to genocide under international law from taking place.
Judge Joan E. Donoghue, the ICJ's American president, said it was "acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continued loss of life and suffering."
While the measures announced by the court are legally binding, it was not immediately clear whether Israel would abide by them. Prime Minister Benjamin Netanyahu said Israel would "continue to do what is necessary" to defend itself following the ruling.
Newsweek reached out to the Israeli government via email for comment on Friday.
The case the ruling forms an early stage of was brought by South Africa, which has alleged that Israel's military action in Gaza, in the wake of the October 7 attack by Hamas and Islamic Jihad militants, amounted to a systematic killing of Palestinians because of their ethnicity.
Israel has denied the accusations and has previously called on the ICJ to throw the case out, a request the court denied. Donoghue said the court had decided that "at least some of the acts and omissions alleged by South Africa [to] have been committed by Israel in Gaza appear to be capable of falling within the provisions of the convention" without determining whether Israel's actions amounted to genocide.
Since around 1,500 militants staged the surprise assault on Israel, killing an estimated 1,200 people, including civilians, and taking around 250 hostages, Israel has conducted an intensive campaign of air strikes on Gaza and a subsequent ground offensive, with the objective of eliminating Hamas.
To date, over 26,000 Palestinians have died since the war began, according to the Associated Press, citing the Gaza Health Ministry.
Attempts to negotiate a permanent ceasefire have floundered, with Israeli Prime Minister Benjamin Netanyahu acquiescing to only temporary pauses for the release of the remaining hostages while pushing back against calls for a two-state solution to be revived.
The ICJ also voted 16-1 to order that Israel "must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip."
When its air strikes on Gaza began, Israel cut off the Palestinian exclave's supply of water, fuel, and electricity, which it claims are taken by Hamas. Limited humanitarian aid has been able to enter Gaza, while international organizations have warned of a worsening humanitarian situation.
The ICJ case—which is not expected to be fully decided for years—has an emotive aspect for both Israel and South Africa. Israel was founded following the Nazi genocide of six million Jews, and many of its citizens are descendants of Holocaust survivors. For decades, South Africa grappled with an apartheid regime that separated its peoples based on race—a comparison often made with Israel's treatment of Palestinian groups.
The Biden administration has also faced accusations it was complicit in a genocide over its support for Israel's actions—claims it has denied, with National Security spokesperson John Kirby saying, "You can't look at what is happening in Gaza and say that it fits the definition of genocide."
The ICJ's ultimate ruling on the matter would add weight to the accusation or the White House's abjuration.
The ICJ was established by the United Nations in 1948 to rule on genocides, according to the definition laid out by the international body, which stipulates that for a mass killing to be considered a genocide, it must be committed with the intent to harm members of a particular ethnic group because they are part of that group.
In the coming proceedings, lawyers for South Africa will have to demonstrate that Israel killed Palestinians with the intent of harming them because of their Palestinian identity—something Israel says it has taken active steps to avoid—for the case to be successful.
Update 1/26/24, 9:02 a.m. ET: This article was updated to include further details and to reflect that Newsweek reached out to the Israeli government for comment.
Update 1/26/24, 10:04 a.m. ET: The headline to this story was changed.
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