U.N. court orders Israel to halt killings in Gaza, but no cease-fire
limitlesslife posted: " By Emily Rauhala and Steve Hendrix Updated January 26, 2024 at 9:57 a.m. EST|Published January 26, 2024 at 6:27 a.m. EST ICJ orders Israel to do more to prevent harm in Gaza 3:17 The International Court of Justice on Ja" limitless lifeRead on blog or Reader
Updated January 26, 2024 at 9:57 a.m. EST|Published January 26, 2024 at 6:27 a.m. EST
ICJ orders Israel to do more to prevent harm in Gaza
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The International Court of Justice on Jan. 26 ordered Israel to do more to prevent the killing and harm of Palestinians in Gaza. (Video: The Washington Post)
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THE HAGUE — The International Court of Justice on Friday ordered Israel to do more to prevent the killing and harm of civilians in Gaza but did not call for a cease-fire, disappointing Palestinians who had hoped the court would endorse their pleas for immediate relief from the violence.
At a closely watched hearing at The Hague's Peace Palace, the court's president read out its order and reasoning, confirming that the ICJ has jurisdiction in the landmark case and arguing that there is an urgent need for measuresbecause of the plausibility of genocide. It called on Israel to prevent the possibility of genocide, including by allowing more aid and punishing incitement.
The court also said Israel must submit a report in one month outlininghow it is implementing the court's orders.
"We find ourselves in a perplexing situation as a court decision acknowledging the possibility of genocide falls short of demanding a complete cease-fire," said Mohammed Mahmoud, 36, a father of five who has fled Gaza City for Rafah during the conflict. "Waiting longer in such circumstances only prolongs death and enduring pain."
Friday's decision is not a verdict on whether Israel has committed genocide — that could take years. Rather, the provisional measures aim to prevent the situation from getting worse while the case proceeds.
"The court considers that the civilian population in the Gaza Strip remains extremely vulnerable," said Judge Joan Donoghue, the ICJ's president and former State Department employee. "The court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgment."
The legal battle has captured the world's attention, spotlighting deep divisions. South Africa alleges that Israel violated the law by committing and failing to prevent genocidal acts, and it had asked the court to order Israel to cease military operations in Gaza immediately. A host of capitals have voiced support, as has the 22-member Arab League and the 57-member Organization of Islamic Cooperation.
In a statement after the ruling, South Africa declared a "decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people."
"The International Court of Justice (ICJ) has determined that Israel's actions in Gaza are plausibly genocidal and has indicated provisional measures on that basis," the statement said. "For the implementation of the international rule of law, the decision is a momentous one."
Israel has roundly rejected the allegations, saying South Africa presented a "grossly distorted" picture by ignoring the role of Hamas and "weaponizing" the international convention against genocide. The Biden administration dismissed the filing as "meritless." Britain called the claims "nonsense."
After the ruling, Israeli Prime Minister Benjamin Netanyahu said, "the charge of genocide leveled against Israel is not only false, it's outrageous, and decent people everywhere should reject it."
He said Israel continues to facilitate humanitarian aid to civilians and would not end its campaign against Hamas.
A visitor looks at a giant backlight screen bearing the portraits of Israelis killed during the Oct. 7 attack by Hamas and subsequent war in Gaza, at the National Library in Jerusalem on Thursday. (Ahmad Gharabli/AFP/Getty Images)
Israel's offensive has killed some 26,000 Palestinians, according to the Gaza Health Ministry, the majority of them women and children. It was launched after Hamas militants attacked Israel on Oct. 7, killing roughly 1,200 people and taking around 253 hostage.
Though the court's decisions are legally binding, they can be hard to enforce. Russia, for instance, ignored a 2022 order to cease its war against Ukraine. Still, the provisional orders will shape a fraught global conversation on the conflict.
"This is definitely a 'win' for South Africa, although there won't be enormous immediate change on the ground, which means some will criticize the court for not going far enough," said Juliette McIntyre, a lecturer in law at the University of South Australia who specializes in international courts and tribunals.
She noted in an email that the court cited statements from Israeli officials and ordered Israel to report back in a month. This, she said, will put pressure on Israel.
Amichai Cohen, a law professor at Israel's Ono Academic College, noted that what Israel feared most — a call for a cease-fire — did not materialize. "All in all, Israel's position is certainly not better, but the worst anxieties regarding the court's possible position were not realized," he said.
Some international human rights groups welcomed the orders.
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"The World Court's landmark decision puts Israel and its allies on notice that immediate action is needed to prevent genocide and further atrocities against Palestinians in Gaza," said Balkees Jarrah, associate international justice director at Human Rights Watch.
"Lives hang in the balance, and governments need to urgently use their leverage to ensure that the order is enforced. The scale and gravity of civilian suffering in Gaza driven by Israeli war crimes demands nothing less."
In Ramallah, where about 150 people gathered at an auditorium Friday to watch a live stream of the proceedings, most Palestinians expressed frustration that the court did not go further.
"I came here to see international justice achieved, but unfortunately the decision was unjust," said Iyad Stesti, 41, musician. "I was hoping and hoping for a complete cease-fire because people are suffering."
Even though the court demanded steps from Israel to protect civilians and improve conditions, with an update from Israel in four weeks, Stesti said, he expects the killing to continue. "The decision gives Israel a full month to kill Palestinian people in Gaza and commit genocide," he said.
Members of South African legal team — Adila Hassim, John Dugard and Max du Plessis — stand in the International Court of Justice in The Hague on Jan. 12 as judges hear a request for emergency measures by South Africa to order Israel to stop its military actions in Gaza. (Thilo Schmuelgen/Reuters)
At the heart of South Africa's allegations is the claim that Israel has shown genocidal intent and that there is an urgent need for the court to order the country to cease its military operations.
"Nothing will stop the suffering except an order from this court," Adila Hassim, one of the lawyers representing South Africa, said earlier this month.
In three hours of testimony on Jan. 11, South Africa's legal team laid out the war's devastating impact on civilians, including a soaring death toll and a spiraling humanitarian crisis.
"It is becoming ever clearer that huge swaths of Gaza — entire towns, villages, refugee camps — are being wiped from the map," Blinne Ni Ghralaigh, an Irish lawyer on the South African team, said at the hearing. "On average, 247 Palestinians are being killed and are at risk of being killed each day, many of them literally blown to pieces. They include 48 mothers each day, two every hour. And over 117 children each day."
"On current rates, which show no signs of abating, each day, over three medics, two teachers, more than one United Nations employee, and more than one journalist will be killed, many while at work, or what appear to be targeted attacks on their family homes or where they are sheltering," she continued. "The risk of famine will increase each day."
A Palestinian woman cries as she sits next to her daughter wounded in the Israeli bombardment of the Gaza Strip while receiving treatment Monday at the Nasser Hospital in Khan Younis. (Mohammed Dahman/AP)
They also argued that Israeli officials have used dehumanizing language in a calculated effort to normalize "genocidal rhetoric" and incite soldiers.
Israel pushed back on all charges. The Israeli legal team argued Jan. 12 that the civilian toll in Gaza is an unfortunate but unavoidable consequence of fighting a militant group that hides in civilian areas, including hospitals.
Israel accused the South African side of taking remarks from leaders out of context and ignoring orders from officials to avoid unnecessary casualties. The team also sought to highlight efforts to limit civilian harm, citing phone calls and leafleting to warn Palestinians of incoming airstrikes, for instance.
"It is in response to the slaughter of Oct. 7, which Hamas openly vows to repeat, and to the ongoing attacks against it from Gaza, that Israel has the inherent right to take all legitimate measures to defend its citizens and secure the release of the hostages," said Christopher Staker, a lawyer representing Israel.
Provisional orders, he said, could help Hamas and harm Israeli civilians.
Hendrix reported from Jerusalem. Sufian Taha in Ramallah, Adela Suliman and Ellen Francis in London contributed to this report.
Oct. 7 attack: Hamas spent more than a year planning its assault on Israel.A Washington Post video analysis shows how Hamas exploited vulnerabilities created by Israel's reliance on technology at the "Iron Wall," the security barrier bordering the
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