Top U.N. court orders Israel to prevent genocide in Gaza, doesn’t order cease-fire

THE HAGUE, Netherlands — 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 did not order Jerusalem to end its military offensive against Hamas terrorists.

“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.

Israeli Prime Minister Benjamin Netanyahu said the fact that the court was willing to discuss the genocide charges brought by South Africa was a “mark of shame that will not be erased for generations.” He vowed to press ahead with the war.

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 terrorists who stormed through Israeli communities on Oct. 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 terrrorists 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.

Friday’s decision was an interim ruling. It could take years for the court to consider all aspects of South Africa’s genocide allegations.

In Israel, commentators said the decision not to order a cease-fire was received with some relief since it helped Israel avoid a collision with a top U.N. body.

The U.S. repeated its position that Israel must “take all possible steps” to minimize harm to civilians, increase humanitarian aid and curb “dehumanizing rhetoric.”

“We continue to believe that allegations of genocide are unfounded,” the State Department said in a statement.

The South African government said the ruling determined that “Israel’s actions in Gaza are plausibly genocidal.”

“There is no credible basis for Israel to continue to claim that its military actions are in full compliance with international law,” the government said in a statement.

The Hamas-run Health Ministry in Gaza does not differentiate between combatants and civilians in its death toll.

The Israeli military says at least 9,000 of the more than 26,000 dead were Hamas terrorists.

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Casert reported from Brussels. Associated Press writers Josef Federman and Julia Frankel in Jerusalem; Gerald Imray in Cape Town, South Africa; and Jill Lawless and Danica Kirka in London contributed to this report.