International Court Says Israel May Have Committed Acts of Genocide
![A protester waving the Palestinian flag stands outside the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands, Friday, Jan. 26, 2024. Israel is set to hear whether the United Nations' top court will order it to end its military offensive in Gaza during a case filed by South Africa accusing Israel of genocide. (AP Photo/Patrick Post)](https://www.rollingstone.com/wp-content/themes/vip/pmc-rollingstone-2022/assets/public/lazyload-fallback.gif)
The International Court of Justice has found that there is “plausible” evidence to suggest Israel may have committed acts of genocide against Palestinians in the Gaza Strip, and is ordering the nation to take “take all measures within its power” to prevent violations of the 1948 United Nations Genocide Convention. The highly anticipated ruling did not include a demand for an immediate ceasefire in Israel’s ongoing military offensive against the Gaza Strip.
Earlier this month, the court, based in The Hague, Netherlands, began hearing arguments in a case South Africa, a fellow party to the convention, brought against Israel, which has been carrying out a relentless military operation and blockade of humanitarian resources against Palestinians in Gaza since the militant group Hamas attacked Israel on Oct. 7.
The South African government charged Israel with committing “genocidal acts” against the Palestinians in Gaza, where more than 24,000 have been killed, and accused Israeli public officials of fomenting a campaign of annihilation against Gaza’s residents through their public statements. The case sought a provisional ruling ordering Israel to halt its offensive, pending a full-scale investigation into the allegations, which could take years.
The court found that “at least some of the acts and omissions alleged by South Africa to have been committed by Isreal in Gaza, appear to be capable of falling within the provisions of the [Genocide] convention. In light of the following, the court concludes that — prima fascia —- it has jurisdiction … to entertain the case,” and, “cannot accede to Israel’s request that the case be removed from the [court’s] general list.”
In its written decision, the ICJ wrote that Israel must act in “accordance with its obligations under the Genocide Convention,” to prevent acts considered genocidal by the convention they are signatories to. The acts include: killing members of a group; causing serious bodily or
mental harm to members of the group; deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in part; and imposing measures
intended to prevent births within the group.
The measures demanded of Israel include ensuring that their military does not commit acts outlined by the convention, preventing and punishing “the direct and public incitement to commit genocide,” preservation of evidence related to South Africa’s allegations of genocide, and taking “immediate and effective” measure to improve access to basic services and humanitarian assistance within Gaza.
While the court lacks a hard enforcement mechanism for the order, as a signatory to the convention Israel is — at least on paper — expected to abide by the ruling. The ICJ ordered Israel to report on its progress in implementing the provisional members within one calendar month of Friday.
Israeli officials were defiant in light of the ruling. Defense Minister Yoav Gallant wrote in a statement that “The International Court of Justice in The Hague went above and beyond when it granted South Africa’s anti-Semitic request to discuss the claim of genocide in Gaza, and added sin to crime when it did not reject the petition outright.”
Gallant added that the nation “will continue operating to dismantle the military and governing capabilities of the Hamas terrorist organization, and to return the hostages to their homes.”
Israeli Prime Minister Benjamin Netanyahu said in a statement that “the charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people should reject it.”
Earlier this month, Netanyahu gave the biggest indicator of how beneath him he considered the ICJ’s authority when he wrote on X (formerly Twitter) that Israel will continue “the war until the end — until total victory.”
“We will restore security to both the south and the north. Nobody will stop us – not The Hague, not the axis of evil and not anybody else,” he added.