South Africa, which brought the case, had asked for the court to order Israel to halt its operation.
The United Nations’ top court decided on Friday not to throw out genocide charges against Israel for its military offensive in Gaza, as part of a preliminary decision in a case that goes to the core of one of the world’s most intractable conflicts.
South Africa, which brought the case, has asked for the court to order Israel to halt its operation in the tiny coastal enclave. In the highly anticipated decision made by a panel of 17 judges, the International Court of Justice decided not to throw out the case. The reading of the ruling is ongoing.
“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,” Joan E. Donoghue, the court’s president, said. Friday’s decision is only an interim one; it could take years for the full case brought by South Africa to be considered. Israel rejects the genocide accusation and had asked the court to throw the charges out. While the case winds its way through the court, South Africa has asked the judges “as a matter of extreme urgency” to impose so-called provisional measures to protect Palestinians in Gaza – and the court could order those on Friday.
Top of the South African list is a request for the court to order Israel to “immediately suspend its military operations in and against Gaza.” It is also asking for Israel to take “reasonable measures” to prevent genocide and allow access for desperately needed aid.
In a statement Thursday, Palestinian Prime Minister Mohammed Shtayyeh said he hoped the decision would “include immediate action to stop the aggression and genocide against our people in the Gaza Strip … and a rapid flow of relief aid to save the hungry, wounded and sick from the threat of slow death that threatens them.”
On Thursday, Israeli government spokesperson Eylon Levy had said that Israel expected the court to toss out the “spurious and specious charges.”
Israel often boycotts international tribunals and UN investigations, saying they are unfair and biased. But this time, it took the rare step of sending a high-level legal team – a sign of how seriously it regards the case and likely the fear that any court order to halt operations would be a major blow to the country’s international standing.
An Israeli official said that Prime Minister Benjamin Netanyahu huddled with top legal, diplomatic and security officials on Thursday in anticipation of the ruling. He said Israel is confident in its case but discussed “all scenarios.” The official spoke on condition of anonymity because he was discussing confidential meetings.
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