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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.
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Israel to Send Delegation to Qatar for Gaza Ceasefire Talks
Israeli Prime Minister Benjamin Netanyahu speaks during a news conference in Jerusalem, Sept. 2, 2024. Photo: Ohad Zwigenberg/Pool via REUTERS
Israel has decided to send a delegation to Qatar for talks on a possible Gaza hostage and ceasefire deal, an Israeli official said, reviving hopes of a breakthrough in negotiations to end the almost 21-month war.
Palestinian group Hamas said on Friday it had responded to a US-backed Gaza ceasefire proposal in a “positive spirit,” a few days after US President Donald Trump said Israel had agreed “to the necessary conditions to finalize” a 60-day truce.
The Israeli negotiation delegation will fly to Qatar on Sunday, the Israeli official, who declined to be named due to the sensitivity of the matter, told Reuters.
But in a sign of the potential challenges still facing the two sides, a Palestinian official from a militant group allied with Hamas said concerns remained over humanitarian aid, passage through the Rafah crossing in southern Israel to Egypt and clarity over a timetable for Israeli troop withdrawals.
Israeli Prime Minister Benjamin Netanyahu, who is due to meet Trump in Washington on Monday, has yet to comment on Trump’s announcement, and in their public statements Hamas and Israel remain far apart.
Netanyahu has repeatedly said Hamas must be disarmed, a position the terrorist group, which is thought to be holding 20 living hostages, has so far refused to discuss.
Israeli media said on Friday that Israel had received and was reviewing Hamas’ response to the ceasefire proposal.
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Tucker Carlson Says to Air Interview with President of Iran
Tucker Carlson speaks on July 18, 2024 during the final day of the Republican National Convention at the Fiserv Forum in Milwaukee, Wisconsin. Photo: Jasper Colt-USA TODAY via Reuters Connect
US conservative talk show host Tucker Carlson said in an online post on Saturday that he had conducted an interview with Iranian President Masoud Pezeshkian, which would air in the next day or two.
Carlson said the interview was conducted remotely through a translator, and would be published as soon as it was edited, which “should be in a day or two.”
Carlson said he had stuck to simple questions in the interview, such as, “What is your goal? Do you seek war with the United States? Do you seek war with Israel?”
“There are all kinds of questions that I didn’t ask the president of Iran, particularly questions to which I knew I could get an not get an honest answer, such as, ‘was your nuclear program totally disabled by the bombing campaign by the US government a week and a half ago?’” he said.
Carlson also said he had made a third request in the past several months to interview Israeli Prime Minister Benjamin Netanyahu, who will be visiting Washington next week for talks with US President Donald Trump.
Trump said on Friday he would discuss Iran with Netanyahu at the White House on Monday.
Trump said he believed Tehran’s nuclear program had been set back permanently by recent US strikes that followed Israel’s attacks on the country last month, although Iran could restart it at a different location.
Trump also said Iran had not agreed to inspections of its nuclear program or to give up enriching uranium. He said he would not allow Tehran to resume its nuclear program, adding that Iran did want to meet with him.
Pezeshkian said last month Iran does not intend to develop nuclear weapons but will pursue its right to nuclear energy and research.
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Hostage Families Reject Partial Gaza Seal, Demand Release of All Hostages
Demonstrators hold signs and pictures of hostages, as relatives and supporters of Israeli hostages kidnapped during the Oct. 7, 2023 attack by Hamas protest demanding the release of all hostages in Tel Aviv, Israel, Feb. 13, 2025. Photo: REUTERS/Itai Ron
i24 News – As Israeli leaders weigh the contours of a possible partial ceasefire deal with Hamas, the families of the 50 hostages still held in Gaza issued an impassioned public statement this weekend, condemning any agreement that would return only some of the abductees.
In a powerful message released Saturday, the Families Forum for the Return of Hostages denounced what they call the “beating system” and “cruel selection process,” which, they say, has left families trapped in unbearable uncertainty for 638 days—not knowing whether to hope for reunion or prepare for mourning.
The group warned that a phased or selective deal—rumored to be under discussion—would deepen their suffering and perpetuate injustice. Among the 50 hostages, 22 are believed to be alive, and 28 are presumed dead.
“Every family deserves answers and closure,” the Forum said. “Whether it is a return to embrace or a grave to mourn over—each is sacred.”
They accused the Israeli government of allowing political considerations to prevent a full agreement that could have brought all hostages—living and fallen—home long ago. “It is forbidden to conform to the dictates of Schindler-style lists,” the statement read, invoking a painful historical parallel.
“All of the abductees could have returned for rehabilitation or burial months ago, had the government chosen to act with courage.”
The call for a comprehensive deal comes just as Israeli Prime Minister Benjamin Netanyahu prepares for high-stakes talks in Washington and as indirect negotiations between Israel and Hamas are expected to resume in Doha within the next 24 hours, according to regional media reports.
Hamas, for its part, issued a statement Friday confirming its readiness to begin immediate negotiations on the implementation of a ceasefire and hostage release framework.
The Forum emphasized that every day in captivity poses a mortal risk to the living hostages, and for the deceased, a danger of being lost forever. “The horror of selection does not spare any of us,” the statement said. “Enough with the separation and categories that deepen the pain of the families.”
In a planned public address near Begin Gate in Tel Aviv, families are gathering Saturday evening to demand that the Israeli government accept a full-release deal—what they describe as the only “moral and Zionist” path forward.
“We will return. We will avenge,” the Forum concluded. “This is the time to complete the mission.”
As of now, the Israeli government has not formally responded to Hamas’s latest statement.
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