ICJ fails to order ceasefire, but says Israel must prevent genocide in Gaza

The International Court of Justice (ICJ) has ordered Israel to take action to prevent acts of genocide in Gaza but stopped short of calling for a ceasefire South Africa had requested.

The court did not rule at this stage on the core of the case brought by South Africa – whether genocide has occurred in Gaza – but an overwhelming majority of its 17 judges presiding over the case voted on Friday for the emergency measures to be implemented.

Delivering its interim ruling, the court said Israel must take all measures within its power to prevent its troops from committing genocide, prevent incitement to commit genocide, allow more humanitarian aid into Gaza, and bring more measures to protect Palestinians, which it called a protected group under the 1948 Genocide Convention.

The ruling also called for Israel to report to the court in one month on its steps to implement the measures.

However, it did not order a cessation of hostilities in Gaza, where Israel’s military action has killed more than 26,000 Palestinians since the war began on October 7.

Delivering the judgement, Court President Joan E Donoghue said there is sufficient evidence of dispute for the genocide case to proceed, and that the ICJ has the jurisdiction to rule on the matter.

In the meantime, until a final ruling is delivered, she said the court was “of the view that Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide”.