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Here’s Exactly What the International Court of Justice Held About Israel
Supporters of Hamas demonstrating outside the International Court of Justice in The Hague, Netherlands. Photo: Reuters/Jehad Shelbak
Last week, the International Court of Justice (IJC) issued its decision on South Africa’s request for the indication of provisional measures — in effect, an injunction — against Israel in regard to alleged violations of the Genocide Convention in the context of the Israel’s use of force in response to the Oct. 7, 2023, Hamas-led attacks in Israel.
The Court found that it had jurisdiction because South Africa and Israel are parties to the Genocide Convention, but both disagree on the interpretation and application of that Convention in the Gaza context. The Convention provides for ICJ jurisdiction in such circumstances.
The Court reminded the parties that, at this stage of proceedings, its decision is preliminary and without prejudice to final decisions about jurisdiction, facts, and merits. The Court concluded that it had a basis for indicating provisional measures based on the plausibility of South Africa’s claim that Palestinian rights under the Convention might be at risk in Gaza, and that therefore, protective measures were in order. In this connection, the Court found that the Palestinian people were a distinct group within the meaning of the Genocide Convention and thus entitled to protection against genocide. At the same time, the Court noted that it was not obliged to indicate the provisional measures that South Africa had requested.
By majorities from 15-2 to 16-1, the Court then required Israel to take all steps within its power to prevent acts of genocide within the meaning of the Genocide Convention — “killing members of the group [Palestinians], causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and imposing measures intended to prevent births within the group.” Israel is to prevent and punish “direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.” Israel is to ensure that its armed forces do not commit genocide. Israel is to ensure to the extent it can the provision of humanitarian assistance to the people of Gaza. Israel is to protect evidence of genocide. And Israel is to report within one month from today on its compliance with the Court’s order.
The Court did not explicitly say that its requirements were subject to intent. But the Genocide Convention requires “intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such.” Therefore, one may safely conclude that, so long as Israel does not intend to commit acts that violate the Genocide Convention, conducting military operations in accordance with the laws of war in Gaza or elsewhere is permitted. Unintended civilian deaths that occur in the course of military operations do not constitute either war crimes per se or acts of genocide.
The Court emphasized that its conclusions were based on resolutions, reports, and statements by UN bodies and UN and other officials in the public record. The Court did not take such reports or words as definitive. It emphasized that none of the facts alleged could be independently verified at this time. This statement by the Court applied even to UN estimates of the size of Gaza’s population.
ICJ judges are elected by, and responsive to, the UN General Assembly and Security Council. The ICJ thus is a political body. Its judgments, especially in cases such as the one brought by South Africa, must be understood against this background. As is well known to those who have served in foreign ministries, some judges consult with, and take direction from, their governments prior to issuing decisions.
What did the Court actually do? At bottom, it reminded the parties and the world that “thou shall not commit genocide” and, to the extent of one’s capability, shall protect people at risk of genocide. It reminded all fighters that they are obligated to conform to the laws of war — “international humanitarian law” — something we know that Hamas and its associates do not do. As a matter of international law and Israeli domestic law, including decisions of Israel’s Supreme Court, Israel must comply with IHL and, in the words of Israel’s President quoted by the Court, does so. And the Court called for the unconditional release of the hostages seized by Hamas on Oct. 7, 2023.
The Court thus did not indicate the provisional measures requested by South Africa. These included finding that Israel had breached the Convention and owed the Palestinian people reparations for such breach.
The Court did not find that Israel had violated or was violating the Genocide Convention. Thus, Israel should have no difficulty complying with last week’s order by the ICJ.
Nicholas Rostow is Senior Partner at Zumpano, Patricios & Popok PLLC and Senior Research Scholar at Yale Law School. This article first appeared in Just Security.
The post Here’s Exactly What the International Court of Justice Held About Israel first appeared on Algemeiner.com.
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After False Dawns, Gazans Hope Trump Will Force End to Two-Year-Old War

Palestinians walk past a residential building destroyed in previous Israeli strikes, after Hamas agreed to release hostages and accept some other terms in a US plan to end the war, in Nuseirat, central Gaza Strip October 4, 2025. Photo: REUTERS/Mahmoud Issa
Exhausted Palestinians in Gaza clung to hopes on Saturday that US President Donald Trump would keep up pressure on Israel to end a two-year-old war that has killed tens of thousands and displaced the entire population of more than two million.
Hamas’ declaration that it was ready to hand over hostages and accept some terms of Trump’s plan to end the conflict while calling for more talks on several key issues was greeted with relief in the enclave, where most homes are now in ruins.
“It’s happy news, it saves those who are still alive,” said 32-year-old Saoud Qarneyta, reacting to Hamas’ response and Trump’s intervention. “This is enough. Houses have been damaged, everything has been damaged, what is left? Nothing.”
GAZAN RESIDENT HOPES ‘WE WILL BE DONE WITH WARS’
Ismail Zayda, 40, a father of three, displaced from a suburb in northern Gaza City where Israel launched a full-scale ground operation last month, said: “We want President Trump to keep pushing for an end to the war, if this chance is lost, it means that Gaza City will be destroyed by Israel and we might not survive.
“Enough, two years of bombardment, death and starvation. Enough,” he told Reuters on a social media chat.
“God willing this will be the last war. We will hopefully be done with the wars,” said 59-year-old Ali Ahmad, speaking in one of the tented camps where most Palestinians now live.
“We urge all sides not to backtrack. Every day of delay costs lives in Gaza, it is not just time wasted, lives get wasted too,” said Tamer Al-Burai, a Gaza City businessman displaced with members of his family in central Gaza Strip.
After two previous ceasefires — one near the start of the war and another earlier this year — lasted only a few weeks, he said; “I am very optimistic this time, maybe Trump’s seeking to be remembered as a man of peace, will bring us real peace this time.”
RESIDENT WORRIES THAT NETANYAHU WILL ‘SABOTAGE’ DEAL
Some voiced hopes of returning to their homes, but the Israeli military issued a fresh warning to Gazans on Saturday to stay out of Gaza City, describing it as a “dangerous combat zone.”
Gazans have faced previous false dawns during the past two years, when Trump and others declared at several points during on-off negotiations between Hamas, Israel and Arab and US mediators that a deal was close, only for war to rage on.
“Will it happen? Can we trust Trump? Maybe we trust Trump, but will Netanyahu abide this time? He has always sabotaged everything and continued the war. I hope he ends it now,” said Aya, 31, who was displaced with her family to Deir Al-Balah in the central Gaza Strip.
She added: “Maybe there is a chance the war ends at October 7, two years after it began.”
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Mass Rally in Rome on Fourth Day of Italy’s Pro-Palestinian Protests

A Pro-Palestinian demonstrator waves a Palestinian flag during a national protest for Gaza in Rome, Italy, October 4, 2025. Photo: REUTERS/Claudia Greco
Large crowds assembled in central Rome on Saturday for the fourth straight day of protests in Italy since Israel intercepted an international flotilla trying to deliver aid to Gaza, and detained its activists.
People holding banners and Palestinian flags, chanting “Free Palestine” and other slogans, filed past the Colosseum, taking part in a march that organizers hoped would attract at least 1 million people.
“I’m here with a lot of other friends because I think it is important for us all to mobilize individually,” Francesco Galtieri, a 65-year-old musician from Rome, said. “If we don’t all mobilize, then nothing will change.”
Since Israel started blocking the flotilla late on Wednesday, protests have sprung up across Europe and in other parts of the world, but in Italy they have been a daily occurrence, in multiple cities.
On Friday, unions called a general strike in support of the flotilla, with demonstrations across the country that attracted more than 2 million, according to organizers. The interior ministry estimated attendance at around 400,000.
Italy’s right-wing government has been critical of the protests, with Prime Minister Giorgia Meloni suggesting that people would skip work for Gaza just as an excuse for a longer weekend break.
On Saturday, Meloni blamed protesters for insulting graffiti that appeared on a statue of the late Pope John Paul II outside Rome’s main train station, where Pro-Palestinian groups have been holding a protest picket.
“They say they are taking to the streets for peace, but then they insult the memory of a man who was a true defender and builder of peace. A shameful act committed by people blinded by ideology,” she said in a statement.
Israel launched its Gaza offensive after Hamas terrorists staged a cross border attack on October 7, 2023, killing some 1,200 people and taking 251 people hostage.
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Hamas Says It Agrees to Release All Israeli Hostages Under Trump Gaza Plan

Smoke rises during an Israeli military operation in Gaza City, as seen from the central Gaza Strip, October 2, 2025. Photo: REUTERS/Dawoud Abu Alkas
Hamas said on Friday it had agreed to release all Israeli hostages, alive or dead, under the terms of US President Donald Trump’s Gaza proposal, and signaled readiness to immediately enter mediated negotiations to discuss the details.