In a provisional order issued by the Court’s President, Joan Donoghue, it was stated that Israel must ensure “with immediate effect” that its forces do not carry out any acts prohibited by the Convention.
Donoghue clarified that the Court is not yet able to determine Israel’s guilt regarding genocide. However, due to the worsening conditions in Gaza, the Court maintains jurisdiction to mandate protective measures for the population against further risks of genocide.
The Court voted 15-2 for an order requiring Israel to take all necessary actions to prevent any acts related to genocide in Gaza. Additionally, by a vote of 16 to 1, the Court mandated that Israel must prevent and punish those inciting genocide against Palestinians in the Gaza Strip.
The Court also ruled, with a 16-1 vote, that Israel must take “immediate and effective” actions to ensure the delivery of urgently needed humanitarian aid and essential services. Furthermore, it ordered Israel to implement effective measures to preserve any evidence related to genocide accusations and gave Israel 30 days to report back on the actions taken.
After the Court’s decision, Israeli Prime Minister Benjamin Netanyahu stated, “Like every country, Israel has an inherent right to defend itself. The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected. We will continue to do what is necessary to defend our country and defend our people.”
Before announcing the decision, Donoghue referenced statements from Israeli officials that she argued made South Africa’s claims plausible, and she provided a grim evaluation of the humanitarian crisis in Gaza. The Court’s ruling highlighted that the facts and circumstances presented were sufficient to support some of the rights claimed by South Africa, particularly regarding the protection of Palestinians in Gaza from genocide and related acts.
The Palestinian Authority’s Foreign Minister Riad Malki welcomed the ruling, expressing gratitude to South Africa and stating, “The ICJ judges assessed the facts and the law. They ruled in favor of humanity and international law. No state is above the law.”
South African President Cyril Ramaphosa remarked, “The Palestinian people’s cries for justice have been heeded by an eminent organ of the United Nations.”
While the Court’s ruling is legally binding, it lacks enforcement mechanisms. “Nobody will stop us — not The Hague,” Netanyahu declared in a speech following hearings earlier this month, prior to the ruling on Friday.