By Kathleen Magramo, Rob Picheta, Aditi Sangal, Adrienne Vogt, Sana Noor Haq, Elise Hammond and Amir Vera, CNN
From CNN’s Lauren Izso in Tel Aviv
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.”
From CNN's Christian Edwards
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.
“Israel must in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza take all measures within its power to prevent the commission of all acts within the scope of Article Two of the convention in particular, a killing groups of members of the group be causing serious bodily or mental harm to members of the group,” Judge Joan Donoghue said as she delivered the court’s decision.
The court’s decisions are binding and cannot be appealed, but it has no way of enforcing them.
From CNN's Vasco Cotovio
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 court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgement,” Judge Joan Donoghue said. “The court considers that there is urgency in the sense that there is a real and imminent risk at irreparable prejudice will be caused to the rights found by the court to be plausible before it gives its final decision.”
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.
From CNN's Vasco Cotovio
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.”
“This is the case with respect to the right of Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article Three and the right of South Africa to seek Israel's compliance with the latter's obligations under the convention,” Judge Joan Donoghue said.
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.”
From CNN's Vasco Cotovio
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 board observes that, according to United Nations sources, the Palestinian population in the Gaza Strip comprises over 2 million people. Palestinians in the Gaza Strip, form a substantial part of the protected group.”
“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.
From CNN's Vasco Cotovio
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.
The International Court of Justice is about to deliver its ruling on whether to enact provisional measures to temporarily suspend Israel's military campaign in Gaza.
South Africa filed the case against Israel at the ICJ, claiming it is committing genocid against Palestinians in Gaza and failing to prevent and punish genocide in violation of its obligations under the Genocide Convention.
Israel has rejected the accusations, calling them “false” and "grossly distorted."
From CNN's Abbas Al Lawati
The International Court of Justice (ICJ) is comprised of 15 judges, each of whom serve nine-year terms. They are now responsible for casting judgment on South Africa’s case alleging genocide by Israel in Gaza, one of the most closely-watched rulings by the court in years.
The current judges are from the United States, Russia, China, Slovakia, Morocco, Lebanon, India, France, Somalia, Jamaica, Japan, Germany, Australia, Uganda and Brazil. Five seats come up for election every three years, with no consecutive term limit.
In addition to the 15 permanent judges, ad-hoc judges can be appointed by parties in contentious cases between two states – in this instance, Israel and South Africa – bringing the number of judges in the case to 17.
South Africa has appointed Dikgang Moseneke, the country’s former deputy chief justice, and Israel has named Aharon Barak, ex-president of the country’s Supreme Court.
Eliav Lieblich, a professor of international law at Tel Aviv University, told CNN earlier this month that the case is significant politically and legally. “An allegation of genocide is the gravest international legal allegation that can be made against a state,” he said.
Lieblich added he doubts that Israel would cease the fighting altogether should the court issue an injunction on the war. Instead, it could attack the legitimacy of the court and its judges, “considering that some of them are from states that don’t recognize Israel.” It would also matter whether the decision is unanimous, he added.
From CNN's Alex Marquardt
More than 40 senior former Israeli national security officials, celebrated scientists and prominent business leaders have sent a letter to Israel’s president and speaker of parliament demanding that Israeli Prime Minister Benjamin Netanyahu be removed from office for posing what they say is an “existential” threat to the country.
The signatories on the letter include four former directors of Israel’s foreign and domestic security services, two former heads of the Israel Defense Forces (IDF) and three Nobel Prize winners.
“We believe that Netanyahu bears primary responsibility for creating the circumstances leading to the brutal massacre of over 1,200 Israelis and others, the injury of over 4,500, and the kidnapping of more than 230 individuals, of whom over 130 are still held in Hamas captivity,” it reads. “The victim’s blood is on Netanyahu’s hands.”
Netanyahu’s popularity has fallen dramatically since starting his sixth term as prime minister, just over a year ago. Critics have blasted his judicial reform efforts – which threatened to trigger a constitutional crisis and divided the country, with months of massive, regular demonstrations.
