Top UN Court Orders Israel to Prevent Genocide in Gaza

Gaza – The United Nations’ top court on Friday ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive that has laid waste to the Palestinian enclave.

In a ruling that will keep Israel under the legal lens for years to come, the court offered little other comfort to Israeli leaders in a genocide case brought by South Africa that goes to the core of one of the world’s most intractable conflicts.

The court’s half-dozen orders will be difficult to achieve without some sort of cease-fire or pause in the fighting.

“The court is acutely aware of the extent of the human tragedy that is unfolding in the region and is deeply concerned about the continuing loss of life and human suffering,” court President Joan E. Donoghue said, as reported by AP site. 

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Warga Gaza Berlarian Setelah Israel Tembaki Truk Bantuan Kemanusiaan (Doc: MEMO)

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• VIVA.co.id/Natania Longdong

The ruling amounted to an overwhelming rebuke of Israel’s wartime conduct and added to mounting international pressure to halt the nearly 4-month-old offensive that has killed more than 26,000 Palestinians, decimated vast swaths of Gaza and driven nearly 85% of its 2.3 million people from their homes.

Allowing the accusations to stand stung the government of Israel, which was founded as a Jewish state after the Nazi slaughter of 6 million Jews during World War II.

Israeli Prime Minister Benjamin Netanyahu said the fact that the court was willing to discuss the genocide charges was a mark of shame that will not be erased for generations. 

The power of the ruling was magnified by its timing, coming on the eve of International Holocaust Remembrance Day.

Later Friday, U.N. Secretary-General Antonio Guterres stressed that the top court’s rulings are legally binding and “trusts” that Israel will comply with its orders, including to take all measures within its power to prevent acts that would bring about the destruction of the Palestinian people.

“Those truly needing to stand trial are those that murdered and kidnapped children, women and the elderly,” former Israeli Defense Minister Benny Gantz said, referring to Hamas militants who stormed through Israeli communities on Octpber 7 in the attack that set off the war. 

The assault killed some 1,200 people and resulted in another 250 being kidnapped.

The court also called on Hamas to release the hostages who are still in captivity. Hamas urged the international community to make Israel carry out the court’s orders.

Many of the measures were approved by an overwhelming majority of the judges. Of the six orders, an Israeli judge voted in favor of two - an order for humanitarian aid and another for the prevention of inflammatory speech.

Israeli Judge Aharon Barak said he supported those orders in the hope that they would help to decrease tensions and discourage damaging rhetoric while easing the consequences of the armed conflict for the most vulnerable.

Such provisional measures issued by the world court are legally binding, but it is not clear if Israel will comply with them.

“We will continue to do what is necessary to defend our country and defend our people,” said Netanyahu, who pushed back against the ruling in two languages. 

In a message aimed at his domestic audience, the tone was more defiant in Hebrew, and he stopped short of overtly criticizing the court in English.

The court ruled that Israel must do all it can to prevent genocide, including refraining from harming or killing Palestinians. 

It also ruled that Israel must urgently get basic aid to Gaza and that the country should punish any incitement to genocide, among other measures.

The panel told Israel to submit a report on steps taken within a month.

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Israeli Prime Minister Benjamin Netanyahu said the fact that the court was willing to discuss the genocide charges was a mark of shame that will not be erased for generations.