The ICJ ruling on Gaza: Keys

The ICJ ruling on Gaza leaves some elements that are vital and must be complied with by Israel as soon as possible.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

The ICJ ruling on Gaza consists of temporary measures aimed at preventing the crisis in Gaza from worsening.

The UN’s highest court, the International Court of Justice (ICJ), ordered a series of “provisional measures” on Friday as part of the ICJ ruling on Gaza that Israel must take to prevent the killing of more civilians and to prevent acts of genocide in the Palestinian territory.

The ICJ ruling was a response by the judges to the genocide case that South Africa brought against Israel in that tribunal based in The Hague.

However, it did not order an immediate cessation of Israel’s military operations, one of the objectives pursued by the plaintiffs.

It is worth noting that the conflict between Gaza and Israel erupted on October 7, 2023, when Hamas militants breached into Israel and killed 1,200 Israelis.

These actions resulted in the abduction of 240 Israeli citizens, over a hundred of whom remain kidnapped, according to Israeli authorities.

Questions arise about how many Palestinian prisoners are in Israel and how feasible it is for a hostage exchange with Hamas captives, as has happened in the past.

The ICJ ruling on Gaza establishes that the population of the territory was at serious risk of suffering irreparable harm and demanded that Israel take provisional measures to prevent the situation from worsening and ensure that its soldiers do not violate the Genocide Convention.

The ICJ ruling on Gaza:

These are the measures following the ICJ ruling on Gaza:

Israel must take all necessary measures to prevent any act that may be considered genocide: killing members of a group, causing bodily harm, imposing conditions intended to bring about the destruction of a group, preventing births.

Israel must ensure that its army does not commit any genocidal act.
Israel must prevent and punish any public statements that may be considered incitement to commit genocide in Gaza.
Israel must take measures to ensure humanitarian access.
Israel must prevent any destruction of evidence that may be used in a genocide case.
Israel must submit a report to the court within one month from the issuance of this order.

The court also expressed serious concern about the fate of the hostages held by Hamas and called for their immediate release.

Israel rejects the ruling, while Hamas celebrates it.

Israel categorically denies South Africa’s accusation, calling it “baseless.”

Prime Minister Benjamin Netanyahu reacted to the ruling by stating that Israel “will continue to defend ourselves and our citizens while respecting international law.”

He added that Israel “will continue this war until absolute victory” and until “all hostages are returned.”

Israeli Defense Minister Yoav Gallant rejected the ICJ ruling for Israel to do more to prevent any act that may be considered genocide.

Additionally, apart from the dead and wounded caused by the offensive on Gaza, it is estimated that 1.7 million people (nearly three-quarters of the Strip’s population) have been displaced.

It remains to be seen what real protection the ICJ decision will provide to civilians in Gaza.