The International Court of Justice on Friday issued a stunning initial ruling in South Africa’s legal challenge to Israel’s devastating U.S.-backed military offensive in Gaza — acknowledging that there is a plausible risk of Israel committing genocide there and issuing six orders for a change in Israel’s conduct as it combats the Gaza-based Palestinian militant group Hamas.
The decision by the chief legal organ of the United Nations to sustain the case represents a major escalation in international pressure for a change in course by Israeli Prime Minister Benjamin Netanyahu and his chief foreign backer, President Joe Biden. Israel hoped to convince judges to dismiss the case, arguing they lacked jurisdiction and genocide accusations were belied by Israel’s approval of limited humanitarian aid for Gaza. The White House called South Africa’s accusation “unfounded.”
South Africa’s lawyers said the Israeli operation showed a “pattern of genocidal conduct,” citing the killings of thousands of civilians, the destruction of tens of thousands of homes, the displacement of nearly 2 million Gazans and Israel officials’ repeated threats against the Palestinian enclave.
They based their case on two primary reasons for an international intervention: that Israeli actions, including blocking aid, could cause irreparable damage to Palestinians; and that Israel is not preventing incitement to genocide.
Friday’s ruling showed the judges found at least part of South Africa’s claim of a possible or already ongoing genocide plausible.
The court ordered Israel to abide by six measures. A significant majority of the 17 judges supported imposing each measure, including in two instances Israel’s ad-hoc representative on the court, Aharon Barak.
The court directed Israel to take steps to prevent acts of genocide, to prevent its military from committing such acts, and to take measures to prevent the incitement of genocide in Gaza. Additionally, it ordered Israel…
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