The highest court of the United Nations, the International Court of Justice (ICJ), has refused to order Israel to end its military operation in Gaza.
The ICJ, in its ruling on Friday, however, recognised a risk of genocide in the Gaza Strip.
The UN court said Israel must prevent genocidal acts in Gaza and facilitate “urgently needed” humanitarian aid into the besieged territory, handing down rulings in a case that has drawn global attention.
Recall that Israel had rejected South Africa’s accusations as unfounded and invoked the right to self-defence following the devastating massacre by the Palestinian Islamist Hamas movement and other terrorist groups on October 7.
The judges thus only partially granted an urgent appeal by South Africa, which had demanded an immediate cessation of military action. However, Israel must now take protective measures and also allow humanitarian aid.
Israel must also do everything in its power to prevent and punish incitement to genocide, the court ruled.
South Africa initiated legal proceedings against Israel in late December 2023, and while the UN court has issued a binding decision on an urgent appeal related to the case, the final determination on the main accusation of genocide is pending.
Despite the binding nature of UN court decisions, enforcement mechanisms are lacking, raising uncertainty about Israel’s compliance with the ruling.
The commencement date for the trial addressing the primary accusation of genocide remains unknown, with such proceedings often extending over an extended period.
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