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International law

ICJ orders Israel to prevent genocidal acts in Gaza but stops short of ordering a ceasefire

Published 26 January 2024 at 17:30 1 min 0
Provisional measures of the International Court of Justice
Provisional measures of the International Court of Justice | Graphic: Military Affairs
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The International Court of Justice in The Hague ordered Israel on January 26 to take all measures within its power to prevent acts covered by the Genocide Convention against Palestinians in Gaza, in a case brought by South Africa. The court did not grant South Africa's request to order a suspension of military operations.

The court adopted six provisional measures, by majorities of 15 to 2 or 16 to 1. The dissenters were Ugandan judge Julia Sebutinde, who voted against all measures, and Israel's ad hoc judge Aharon Barak, who backed two. Israel must ensure its military does not commit acts under the Convention, prevent and punish public incitement to genocide, enable basic services and humanitarian aid, preserve evidence and report within one month.

What the ruling is not

The court found that some of the rights claimed by South Africa are "plausible" and that it has prima facie jurisdiction, but this is not a finding on whether Israel has breached the Convention; the merits will take years to decide. The court expressed "grave concern" for the hostages in Gaza and called for their immediate release.

Sources and references

  1. I.
    International Court of JusticeOrder of 26 January 2024, South Africa v. Israel🔗 https://www.icj-cij.org/case/192
  2. II.

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