Attacks on Palestinians: UN court orders Israel to prevent Gaza genocide

The top UN court yesterday ordered Israel to take action to prevent acts of genocide as the country wages offensive in the Gaza Strip.

The court, however, stopped short of calling on Israel to suspend military campaign in the enclave.

Ruling on a case brought by South Africa, the court said Israel must ensure its forces don't commit genocide and take measures to improve the humanitarian situation for Palestinian civilians in the enclave.

In the ruling, 15 of the 17 judges on the International Court of Justice (ICJ) panel voted for emergency measures which covered most of what South Africa asked for, with the notable exception of ordering a halt to Israeli military action in Gaza.

Israel's military operation has laid waste to much of the densely populated enclave and killed more than 26,000 Palestinians in nearly four months, according to Gaza health authorities.

The court said it was "gravely concerned" about the fate of the hostages in Gaza and called on Hamas and other armed groups to immediately release them without conditions.

The ruling, welcomed by Palestinians, is an embarrassment for Israel and its closest allies, including the United States.

"The state of Israel shall...take all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide convention."

— says ICJ in its ruling

"The state of Israel shall...take all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide convention," the court said. Israel must report back to it on what steps it was taking in a month's time, it said.

Israel had asked the court to reject the case outright, saying it respects international law and has a right to defend itself.

In a statement, Israeli Prime Minister Benjamin Netanyahu said the charge of genocide leveled against Israel was "outrageous" and Israel would do whatever is necessary to defend itself.

Palestine welcomed the provisional measures ordered by the ICJ.

"The ICJ judges assessed the facts and the law, they ruled in favor of humanity and international law," Palestinian Foreign Minister Riyad al-Maliki said in a televised speech yesterday.

Talking to Reuters, senior Hamas official Sami Abu Zuhri said the ICJ decision is an important development that contributes to isolating Israel and exposing its crimes in Gaza.

Egypt welcomed the ruling and the European Union said it expects "full, immediate and effective implementation" of world court's orders on emergency measures in the genocide case.

Iran's Foreign Minister Hossein Amirabdollahian called for Israeli authorities to face justice after the ICJ ruling.

• Palestinian foreign minister welcomes the provisional measures ordered by ICJ
• Court ruling against Israel a victory for the rule of law: South Africa
• ICJ decision contributes to 'isolating' Israel: Hamas

But while the ICJ's decisions are final and without appeal, the court has no way to enforce them.

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 it recognised the right of Palestinians in Gaza to be protected from acts of genocide.

South Africa's Deputy President Paul Mashatile and Justice Minister Ronald Lamola were seen cheering and dancing at a gathering of the governing African National Congress party following the court's verdict.

South Africa argued two weeks ago that Israel's aerial and ground offensive was aimed to bring about "the destruction of the population" of Gaza.

The 1948 Genocide Convention, enacted in the wake of the mass murder of Jews in the Nazi Holocaust, defines genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".

On the ground, the Israeli military said yesterday it was still engaged in "intensive battles in the heart of Khan Younis" the main city in the south of the enclave, with forces striking dozens of Hamas fighters and infrastructure from the air and ground. It said forces also fired at Hamas targets in northern Gaza and along the Gaza coastline.

Meanwhile, diplomatic efforts to negotiate a break in the conflict continued. US and Israeli intelligence chiefs were due to meet Qatari Prime Minister and Foreign Minister Sheikh Mohammed bin Abdulrahman Al Thani in Europe this weekend, one official told Reuters. A second source said Egypt's intelligence chief would also participate.

British Foreign Secretary David Cameron told Reuters in an interview yesterday that talks have made progress on a deal towards a ceasefire in Gaza, bringing more aid into the Palestinian enclave and the release of Israeli hostages.