The situation in Gaza is at serious risk of deteriorating further and there is “urgency” required to impose provisional measures, the International Court of Justice (ICJ) said. The Court also noted that it has jurisdiction over the case.

“The court considers that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the court renders its final judgement,” Judge Joan Donoghue said. “The court considers that there is urgency in the sense that there is a real and imminent risk at irreparable prejudice will be caused to the rights found by the court to be plausible before it gives its final decision.”

Reading the Court's findings, Judge Joan Donoghue ordered Israel to take measures to prevent and punish the direct incitement of genocide. The order created international legal obligations for Israel.

The ICJ's ruling ordered Israel to refrain from any acts that could fall under the genocide convention. Israel must also ensure that their troops do not commit any acts of genocide in Gaza. Furthermore, the Court ordered for an improvement in the humanitarian situation in the Strip.

“This is the case with respect to the right of Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article Three and the right of South Africa to seek Israel's compliance with the latter's obligations under the convention,” Judge Joan Donoghue said.

Donoghue added, “At least some of the provisional measures sought by South Africa are aimed at preserving the plausible rights it asserts on the basis of the Genocide Convention in the present case, namely, the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts mentioned in Article Three and the right of South Africa to seek Israel's compliance with the latter's obligations under the convention.”

The civilians in Gaza remain “extremely vulnerable,” she added.

Some acts could fall within provisions of genocide convention

The International Court of Justice confirmed it has jurisdiction over the dispute between South Africa and Israel, over whether Israel’s actions in Gaza could amount to genocide.

“In the court's view, at least some of the acts and omissions alleged by South Africa, to have been committed by Israel in Gaza, appear to be capable of falling within the provisions” of the genocide convention, judge Joan Donoghue said.

Donoghue said the Court had rejected Israel’s request to remove the case.

South Africa asked the court to issue “provisional measures” ordering Israel to stop its war, which it said was “necessary in this case to protect against further, severe and irreparable harm to the rights of the Palestinian people.” A provisional measure is a temporary order to halt actions, or an injunction, pending a final ruling.

A ruling on genocide could take years to prove, but the injunction on the Gaza war that Pretoria asked the ICJ for could come much sooner.