Israel must take steps to prevent genocide in Gaza, UN court says in ruling on temporary measures

The top court for the United Nations on Friday ordered Israel to take measures to prevent and punish direct incitement of genocide in its war in Gaza, although it stopped short of ordering a ceasefire in a case brought forth by South Africa.

"The state of Israel shall... take all measures within its power to prevent the commission of all acts within the scope of Article II of the genocide convention," the International Court of Justice (ICJ) said.

In a sweeping ruling, a large majority of the 17-judge panel of the ICJ voted for urgent measures which covered most of what South Africa asked for with the notable exception of ordering a halt to Israeli military action in Gaza.

The court ordered Israel to refrain from any acts that could fall under the genocide convention and also ensure that its troops do not commit any genocidal acts in Gaza.

Israel must report to the court within a month on what it's doing to uphold the order.

The decision is legally-binding, but the court has no way to enforce it.

Former Human Rights Watch executive director Kenneth Roth told CBC News on Friday that the court didn't have the capacity to make a ruling on a ceasefire because Hamas is a non-state actor. The court did urge Hamas to release the hostages it still holds from the Oct. 7 attacks in southern Israel.

"I think, frankly, this is as far as the court can go," said Roth.

Roth said the ruling could potentially make an "enormous difference" to the lives of Palestinians on the ground and apply "big political pressure" for Israel to abide by the ruling.

An estimated 1,200 people were killed during the Hamas-led attack on Israel on Oct. 7, including Israeli security forces and civilians, along with foreign nationals, according to the Israeli government. About 250 others were taken hostage. Israel responded with tremendous force in Gaza, saying its attacks are intended to take out Hamas and its supporters, not civilians.

The health ministry in Gaza has said thousands of women and children are among the more than 25,000 people in the territory killed since then, a tally that does not differentiate between civilians and Hamas fighters.

Limited humanitarian aid has been allowed into Gaza over the last 100 days.

The ICJ, also known as the World Court, did not deal with South Africa's main allegation on whether Israel is committing genocide, though it said Friday it would not throw out the case, as Israel requested.

Palestinians appear to be a protected group under the genocide convention, the court said.