Although there isn't yet a cease-fire, a UN court orders Israel to end the slaughter in Gaza.
The International Court of Justice (ICJ), the UN's highest judicial body, issued a ruling on Friday that ordered Israel to take urgent measures to prevent genocide in Gaza, where it has been waging a devastating war against Hamas since October 2023.
The court, however, stopped short of ordering Israel to halt its military operations or to lift its blockade of the Palestinian enclave, saying that such decisions were beyond its jurisdiction and competence.
The ruling came in response to a case filed by South Africa, which accused Israel of violating the 1948 Genocide Convention, a treaty that obliges states to prevent and punish acts of genocide.
South Africa argued that Israel's indiscriminate attacks on Gaza, which have killed about 26,000 people, mostly civilians, and displaced more than half a million, amounted to genocide, or the intentional destruction of a national, ethnic, racial or religious group.
Israel strongly denied the allegation, calling it "baseless" and "outrageous". It said that it was acting in self-defense against Hamas, a militant group that controls Gaza and that has fired thousands of rockets at Israeli towns and cities, killing about 1,300 people, mostly civilians, and taking 240 hostages.
The ICJ, which is based in The Hague, Netherlands, and whose rulings are not legally binding but carry moral and political weight, agreed to hear the case on an urgent basis and to consider South Africa's request for provisional measures, which are similar to a restraining order or a temporary injunction.
The court found that South Africa had met the basic test to show that its claim against Israel was plausible and that the Palestinian population in Gaza faced a real and imminent risk of irreparable harm.
The court then decided to issue six provisional measures, which instructed Israel to:
- Do all it can to prevent death, injury, destruction and any acts of genocide in Gaza
- Ensure that its military operations comply with international humanitarian law and human rights law
- Allow and facilitate the rapid and unimpeded passage of humanitarian aid, including food, water, medicine and fuel, to Gaza
- Respect and protect the rights of the wounded and sick, the medical personnel and the humanitarian workers in Gaza
- Refrain from any action that could aggravate or extend the dispute or make it more difficult to resolve
- Cooperate with the UN and other international organizations in the implementation of the provisional measures and the protection of the civilian population in Gaza
The court also urged both parties to refrain from any action that could incite violence, hatred or discrimination and to restore dialogue and negotiations in order to achieve a peaceful settlement of the conflict.
The court said that it would continue to monitor the situation and that it would examine the merits of the case in due course.
The ruling was welcomed by South Africa, which said that it was a "historic victory" for the Palestinian people and a "strong message" to Israel to end its "illegal and immoral" actions in Gaza.
Israel, however, rejected the ruling, saying that it was "biased and politicized" and that it ignored the "reality and complexity" of the situation. It said that it would not comply with the provisional measures and that it would continue to defend its sovereignty and security against Hamas.
The ruling also drew mixed reactions from the international community, with some countries and organizations expressing support for the court's decision and others criticizing it as an interference in the internal affairs of Israel and a hindrance to the peace process.
The ruling came amid reports that the head of the CIA, William Burns, was due to meet Israeli, Qatari and Egyptian officials in the coming days to discuss a new potential cease-fire in Gaza, after several previous attempts failed to end the hostilities.
The war in Gaza, which is one of the longest and deadliest in the history of the Israeli-Palestinian conflict, has sparked widespread condemnation and protests around the world, as well as calls for a diplomatic solution and an end to the suffering of the civilians on both sides.
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