Friday’s ruling was a major win for
South Africa, which argued that Israel is committing a pattern of genocidal conduct in the war against Palestinian militant group Hamas.
The ICJ said it had jurisdiction over the matter and rejected Israel’s request to throw out the case, finding the charge of genocide was plausible enough to consider.
In a preliminary ruling, ICJ President
Joan Donoghue also ordered Israel to take immediate action to protect against the killing of Palestinian civilians and the physical destruction of infrastructure, ordering a report within a month on the steps taken to achieve that.
“The court considers that there is urgency in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights found by the court can be plausible before it gives its final decision,” she said.
The
State of Palestine‘s United Nations mission said after the ruling it was a “historic day” and a “defeat for Israel.”
“With near unanimity, the ICJ’s ruling is an important victory and a significant milestone in the search by the Palestinian people for justice,” the group wrote on X.
The ICJ determination on whether Israel committed genocide or not will take years, but the preliminary ruling could pose an obstacle to Israel and its backers, including the U.S., to continue the war in Gaza.
White House national security spokesperson John Kirby told reporters the
U.S. has not seen genocidal intent in Gaza and that the ICJ ruling will not change President Biden’s calculus.
“It’s hard to see that,” Kirby said of a change in policy. “It’s difficult to see [the ruling] will change the approach.”
The U.S., however, has pushed Israel to reduce civilian casualties in a war that has killed more than 25,000 Palestinians.
South Africa in
oral arguments earlier this month said the Hamas attacks on Oct. 7, which killed around 1,200 Israelis and saw the kidnapping of some 240 people, do not justify Israel’s blanket destruction of Gaza.
Israel argued in court it has an inherent right to self-defense and that Hamas is the one with genocidal intent.
Israeli Prime Minister Benjamin Netanyahu said after the ruling that his forces had a “sacred” mission to defend Israel in Gaza.
“The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it,” Netanyahu said.
Read the full report at TheHill.com.
