January 26, 2024 Israel-Hamas war

South Africa’s Foreign Minister believes that a ceasefire would be necessary for Israel to comply with the International Court of Justice (ICJ) ruling, but insisted she was not “disappointed” the court didn’t include it in the order.

“In exercising the [ICJ] order, there would have to be a ceasefire,” Naledi Pandor said after the hearing. “Without it the order doesn’t actually work.”

The South African foreign minister thanked the ICJ judges “for dealing with this matter expeditiously” and warned states who have been supporting Israel that they may find themselves involved in the case as the proceedings develop.

“It's clear that the court does say, circumstances exist, where it is plausible, that genocidal acts have been committed,” Pandor explained. “This, of course, means once the merit case is addressed, and if the finding is that there has been genocide, those states that have aided and abetted become a party to commission.”

South African President Cyril Ramaphosa called the ICJ ruling a “victory for international law, for human rights, and above all for justice.” South Africa expects Israel to comply, he continued.

Sara Khreis replays the last day she spent with her mother, Hala, over and over in her mind.

Their family had spent weeks agonizing over whether to flee as Israeli troops moved into Gaza City’s al-Rimal neighborhood, tanks rolling past their front door and a terrifying cacophony of bombs, quadcopter drones and gunfire thundering all around them.

After two nights of bombardment so intense they thought it might blow their home apart, they were resolved: they had to go.

Out in front, a few paces ahead of a group of relatives and neighbors, Hala, 57, was walking with her grandson, Tayem, then 4, holding hands as they navigated a street littered with debris, a white flag in his other hand. Seconds later, a shot rang out and Hala slumped to the ground.

That unthinkable moment was captured on camera. The video surfaced earlier this month in a report by UK-based news website Middle East Eye. Watching it makes Sara and her siblings feel sick.

The clip of Hala’s killing is one of a growing number that show unarmed civilians holding white flags being shot dead in Gaza. The Geneva-based Euro-Med Human Rights Monitor has said that they are investigating nine such incidents. CNN has examined four cases, including that of Hala Khreis.

CNN made multiple attempts to sit down with the Israel Defense Forces to share its findings. They have yet to provide a comment.

Read more about Hala's story and instances of people waving white flags from CNN's investigation.

The International Court of Justice (ICJ) 17-judge panel issued six emergency measures ordering Israel to “take all measures within its power” to prevent acts which could fall foul of the Genocide Convention.

Here's a summary of the measures Israel must take according to the court's preliminary ruling:

Israeli Prime Minister Benjamin Netanyahu on Friday hailed the preliminary International Court of Justice ruling on South Africa's accusation of genocide as a rejection of discrimination against his country. 

“Like every country, Israel has an inherent right to defend itself,” he said in a short video message.

“The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected.”

The UN’s top court has ordered Israel to act immediately to prevent genocide in Gaza, but stopped short of calling for a ceasefire in the war-torn enclave.

The International Court of Justice said Israel must take “all measures” to “ensure with immediate effect that its military does not commit any acts” which could fall foul of the Genocide Convention.

In a preliminary ruling on the accusation of genocide brought by South Africa, the court’s 17-judge panel on Friday issued six such measures, ordering Israel to take steps to limit the death and destruction caused by its military campaign, as well as to prevent and punish incitement to genocide, and to ensure the provision of humanitarian aid to Gaza.

The court’s decisions are binding and cannot be appealed, but it has no way of enforcing them.

The situation in Gaza is at serious risk of deteriorating further and there is “urgency” required to impose provisional measures, the International Court of Justice (ICJ) said.

The civilians in Gaza remain "extremely vulnerable," she added.

Some background: South Africa asked the court to issue “provisional measures” ordering Israel to stop its war, which it said was “necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people.” A provisional measure is a temporary order to halt actions, or an injunction, pending a final ruling.

The International Court of Justice (ICJ) has concluded that “some of the rights claimed by South Africa and for which it is seeking protection are plausible.”

Donoghue added, “at least some of the provisional measures sought by South Africa are aimed at preserving the plausible rights it asserts on the basis of the Genocide Convention in the present case, namely, the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts mentioned in Article Three and the right of South Africa to seek Israel's compliance with the latter's obligations under the convention.”

The International Court of Justice has concluded that under Article 2 of the Genocide Convention, Palestinians constitute what it considers to be a “protected group.”

“The Palestinians appear to constitute a distinct national, ethnical, racial or religious group, and hence a protected group within the meaning of Article Two of the Genocide Convention,” Judge Joan Donoghue said.

“The court notes that the military operation being conducted by Israel, following the attack of seven October 2023 has resulted in a large number of deaths and injuries as well as massive destruction of homes,” Donoghue added.

The International Court of Justice said it has jurisdiction over the dispute between South Africa and Israel, over whether Israel’s actions in Gaza could amount to genocide.

“In the court's view, at least some of the acts and omissions alleged by South Africa, to have been committed by Israel in Gaza, appear to be capable of falling within the provisions” of the genocide convention, judge Joan Donoghue said.

Donoghue said the court had rejected Israel’s request to remove the case.