International Court of Justice refuses to dismiss genocide case against Israel

The court president adds that a panel of 17 judges concluded that it has appropriate jurisdiction

International Court of Justice ruled on Friday, January 26, that it will not throw away the genocide case against Israel. Judge Joan E. Donoghue said the court has “prima facie jurisdiction to entertain the case on the basis of Article 9 of the Genocide Convention.” The court president adds that a panel of 17 judges concluded that it has appropriate jurisdiction and, therefore, “cannot accede to Israel’s request for the case to be removed,” per AP.

Judges at the International Court of Justice (ICJ) rule on emergency measures against Israel following accusations by South Africa that the Israeli military operation in Gaza is a state-led genocide, in The Hague, Netherlands, January 26, 2024. REUTERS/Piroschka van de Wouw(REUTERS)

IOJ president says court will not throw away genocide case against Israel

A hearing was conducted on Friday regarding South Africa's application to the World Court for issuing provisional measures against Israel over alleged genocide against Palestinians in Gaza.

Addressing the Israel-Hamas war, Donoghue noted that the conflict “is causing massive civilian casualties, extensive destruction of civilian infrastructure and the displacement of the overwhelming majority of the population in Gaza,” per the outlet.

The court has also ordered Israel “to take steps to try to reduce further deaths and damage in the Gaza Strip but stopped short of demanding a stop to the blistering offensive that has decimated the Palestinian territory.”

Donoghue added that the court is “of the view that Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide.”

Following the top court's decision, South African leaders have expressed their content. “Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people,” South Africa's Department of International Relations and Cooperation said in a statement, per Reuters.

“South Africa sincerely hopes that Israel will not act to frustrate the application of this Order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do,” the statement adds.