A sliver of hope here, but enforcement is subject to UN Security Council review. Worse, Netanyahu claims “israel” will continue to “defend” its occupation from Hamas.

The International Court of Justice (ICJ) has ruled in favor of South Africa’s request for provisional measures in its case against Israel over the ongoing war on Gaza. The request is part of an application filed by Pretoria, accusing Israel of violating its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.

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The first provisional measure sought by South Africa was an immediate suspension of Israel’s military operations in and against Gaza. On January 25, Hamas had also stated that it would abide by a ceasefire if it was ordered by the ICJ, as long as Israel did the same.

The ICJ in its order made no mention of this request, and as observers have highlighted, did not discuss military action, a ceasefire, or the question of self-defense— in its advisory opinion in 2004, the ICJ had determined that Israel could not claim this right in relation to a territory it was occupying.

However, it has indicated a series of provisional measures, each approved with an overwhelming majority among the 17-judge-panel, which are binding in effect and place “international legal obligations” to the State Party to whom they are addressed — in this case, Israel.

First, by 15 votes to 2, Israel must “take all measures within its powers to prevent the commission of all acts within the scope of the Convention.” These acts include a) killing members of the group, b) causing serious bodily or mental harm” and c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part and d) imposing measures intended to prevent births within the group.

Second, with 15 votes in favor, Israel shall ensure with immediate effect that its military does not commit any acts described in point 1. By 16 to 1 votes, Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to Palestinians in Gaza.

Fourth, with 16 votes, Israel has been ordered to “take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life” in Gaza. By 15 to two votes, Israel must also take “effective measures to prevent the destruction and ensure the preservation of evidence” related to allegations under the Genocide Convention. In its application, South Africa had also requested that Israel “shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence.”

Finally, Israel has to submit a report to the ICJ on “all measures taken to give effect to this order” within one month as from the date of the order (January 26). This was approved with 15 votes in favor.

Under the statute of the ICJ, it will now notify the UN Security Council of the provisional measures ordered. Given that the Court lacks an enforcement mechanism, questions remain on how these measures will be operationalized.

Prime Minister Netanyahu responded to Friday’s ruling by calling the charge of genocide as “false” and “outrageous,” adding that “Israel would continue to defend itself against Hamas.”