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An international court has demanded that Israel should do everything in its power to prevent acts of genocide in Gaza – but stopped short of ordering an end to its offensive.

The ruling by judges at the International Court of Justice (ICJ) comes at an early stage in South Africa’s case alleging that Israel’s military action in its war with Hamas in Gaza is genocidal.

South Africa welcomed the measures describing the ruling as a “decisive victory for the international rule of law”; while Israel’s national security minister, Itamar Ben-Gvir, posted on X saying: “Hague schmague”.

The court ruled it has jurisdiction to hear arguments and it therefore denied Israel’s request that it throws out the case.

It ordered Israel to take all measures within its power to prevent genocide and report back to the court within one month.

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What exactly is genocide – and how do you define it?

South Africa filed the case, arguing Israel is breaching the UN convention on genocide by “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction”.

Follow live: ICJ dismisses Israel’s request for case to be thrown out

Israel avoids worst outcome but not unscathed


Dominic Waghorn - Diplomatic editor

Dominic Waghorn

International affairs editor

@DominicWaghorn

Israel will be relieved that the ruling does not take a position on South Africa’s central claim that it is committing genocide in Gaza.

Instead, it says it must do everything it can to avoid its forces doing so.

But it is under huge pressure now over the humanitarian situation in Gaza which the court is clearly deeply concerned about and describes as verging on catastrophic.

The judges were clearly vexed by the allegedly genocidal statements made by senior Israeli officials which South Africa claims showed an intent to commit genocide.

Again, the ruling dodges taking a position on that claim but it does order Israel to prevent and punish all genocidal statements.

Israel has avoided the worst outcome with this ruling, but its reputation hardly emerges unscathed in a ruling handed down by the UN’s highest court.

While the 17 judges consider the genocide allegations – which may take years to rule on – South Africa asked the court “as a matter of extreme urgency” to issue an interim order compelling Israel to suspend military operations to protect Palestinians in Gaza while the case proceeds slowly through the court.

“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,” Joan Donoghue, the court’s president, said.

In the ruling, 15 of the 17 judges on the panel voted for emergency measures which covered most of what South Africa asked for, with the notable exception of a halt to military action in Gaza.

Judges in The Hague
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Judges in The Hague

Protesters hold a Palestinian flag as they gather outside the International Court of Justice (ICJ) , in The Hague. Pic: Piroschka van de Wouw/Reuters
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Protesters gather outside the International Court of Justice. Pic: Piroschka van de Wouw/Reuters

Palestinians have welcomed the provisional measures ordered by the court, with foreign minister Riyad al Maliki saying: “The ICJ judges assessed the facts and the law, they ruled in favour of humanity and international law.”

Mr Maliki added that the Palestinian authority called on all states to ensure the measures ordered by the court are implemented “including by Israel, the occupying power”.

Senior Hamas official Sami Abu Zuhri said: “The International Court of Justice ruling is an important development that contributes to isolating the occupation and exposing its crimes in Gaza.

“We call for compelling the occupation to implement the court’s decisions.”

Benjamin Netanyahu responds to the ICJ ruling
@IsraeliPM
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Benjamin Netanyahu @IsraeliPM

Israel’s prime minister Benjamin Netanyahu criticised the case as “outrageous” and vowed to continue the military action.

“We will continue to do what is necessary to defend our country and defend our people,” he said.

“Like every country, Israel has an inherent right to defend itself.

“The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected.”

South Africa's Foreign Minister Naledi Pandorthe attends the session of the International Court of Justice
Pic: AP
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South Africa’s Foreign Minister Naledi Pandor Pic: AP

The country’s national security minister, Itamar Ben-Gvir, in response to the ruling posted on X saying: “Hague schmague”.

South Africa welcomed the ruling, and said it “will continue to do everything within its power to preserve the existence of the Palestinian people as a group, to end all acts of apartheid and genocide against the Palestinian people and to walk with them towards the realisation of their collective right to self-determination, for, as Nelson Mandela momentously declared, ‘our freedom is incomplete without the freedom of the Palestinians’.”

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ICJ President Judge Joan Donoghue says Israel must take measures to prevent the killing of Palestinians.

Speaking at outside the court, South Africa’s minister of international relations and cooperation Naledi Pador said: “We believe the moment is now right to open negotiations for a two-state solution to end this conflict decisively.”

She added that she believed in order to implement the order Israel would have to instigate a ceasefire.

“How do you provide aid and water without a ceasefire? If you read the order, by implication a ceasefire must happen,” she said.

The ICJ’s rulings are final and without appeal, but it has no way of enforcing them.

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Israel maintains pressure on Gaza City as ‘first stages of attack begin’

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Israel maintains pressure on Gaza City as 'first stages of attack begin'

Gaza City residents say Israel carried out intense overnight bombardments as it prepares a controversial offensive to take control of the area.

Sixty-thousand reservists are being called up after Benjamin Netanyahu‘s security cabinet approved the plan earlier this month.

UN chief Antonio Guterres has warned of more “death and destruction” if Israel tries to seize the city, while France’s Emmanuel Macron said it would be a “disaster” that would lead to “permanent war”.

Live – UN warns of ‘forcible transfer’ as forces advance on Gaza City

Hundreds of thousands of people could end up being forcibly displaced – a potential war crime, according to the UN’s human rights office.

Gaza’s health ministry said at least 70 people had been killed in Israeli attacks in the past 24 hours, including eight people in a house in the Sabra suburb of Gaza City.

Israel currently controls about 75% of the Gaza Strip, but Prime Minister Netanyahu has said Israel must take Gaza City to “finish the job” and defeat Hamas.

More on Gaza

Mr Netanyahu and his ministers are due to meet on Thursday to discuss the plans, according to Israeli media.

Military spokesperson Effie Defrin said earlier that “preliminary operations and the first stages of the attack” had begun – with troops operating on the outskirts of Gaza City.

Israel has said it will order evacuation notices before troops move in but satellite images show thousands of people have already left.

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Aftermath of fresh Israeli strikes on Gaza

Residents said shelling has intensified in the Sabra and Tuffah neighbourhoods and that those fleeing have gone to coastal shelters or to central and southern parts of the Strip.

The decision to stay or leave is an agonising choice for many.

“We are facing a bitter-bitter situation, to die at home or leave and die somewhere else, as long as this war continues, survival is uncertain,” said father of seven Rabah Abu Elias.

“In the news, they speak about a possible truce, on the ground, we only hear explosions and see deaths. To leave Gaza City or not isn’t an easy decision to make,”

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Sky’s Adam Parsons explains what is in the new Israel-Hamas ceasefire deal.

Most of the Israeli reservists being summoned are not expected to be in a frontline combat role and the call-up is set to take a while.

The window could give mediators more time to convince Israel to accept a temporary ceasefire.

Hamas has already agreed to the proposal – envisaging 10 living hostages and 18 bodies being released in return for a 60-day truce and the freedom of about 200 Palestinian prisoners.

Israel hasn’t officially responded, but insists it wants all 50 remaining hostages released at once. Only 20 of them are still believed to be alive.

The war started nearly two years ago when a Hamas terror attack killed about 1,200 people and kidnapped around 250.

Read more:
Tents abandoned as Palestinians flee Israeli advance

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What would a two-state solution look like?

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More than 62,000 Palestinians have been killed in the war, according to Gaza’s health ministry.

The figure doesn’t break down how many were Hamas members, but it says women and children make up more than half.

Two more people also died of starvation and malnutrition in the past 24 hours, the ministry said on Thursday, taking the total to 271, including 112 children.

COGAT, the body controlling aid into Gaza, said 250 aid trucks entered on Wednesday, with 154 pallets air-dropped.

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Police in Kenya begin exhuming shallow graves of suspected cult victims

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Police in Kenya begin exhuming shallow graves of suspected cult victims

Police, pathologists and grave diggers have started the exhumation of 27 shallow graves in Kenya’s Kilifi County.

The remains are believed to be of followers of a deadly cult in Chakama Ranch, a part of the Shakahola Forest.

In 2023, more than 400 mass graves were discovered in the same forest, all members of controversial preacher Paul Mackenzie’s church. They were encouraged to starve themselves to death to get into heaven.

It remains one of the world’s worst cult-related tragedies. Mackenzie is still in jail and faces numerous charges of terrorism, child torture and murder.

Six bodies were exhumed in Chakama Ranch, a part of the Shakahola Forest, today
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Six bodies were exhumed in Chakama Ranch, a part of the Shakahola Forest, today

The remote forest has again been turned into a crime scene.

Morticians were seen carrying out body bag after body bag, some containing the remains of children believed to have been starved to death.

State pathologist Dr Richard Njoroge said this is just the beginning, as investigators expect to find many more bodies: “Today we managed to exhume six.

“Of the six graves, we found five bodies and then also around that area we found ten different scattered body parts, scattered in different places on the surface.”

Eleven suspects have already been arrested in connection with these deaths and will appear in court on Friday.

Police are investigating links to Mackenzie and members of his Good News International Church.

At the exhumation today, pathologists said they were still working to identify the bodies of those exhumed from Mackenzie’s cult.

“We had 453 at the closure of that exercise, I think, we released around 33 or 34 last time. So, from there are 419 remaining,” Dr Njoroge explained.

Read more from Sky News:
Captured ISIS fighters speaks from death row
Israel begins first stages of takeover operation

Police have encouraged families in the area with missing loved ones to come forward and provide their DNA samples, as efforts to identify the dead continue.

Kenya is grappling with a rise in religious extremism and many churches operating informally.

Parliament passed several preliminary bills aimed at regulating religious organisations last year, but implementation has stalled after resistance from church leaders.

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‘I don’t regret anything,’ smiling ISIS militant on death row tells Sky News

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'I don't regret anything,' smiling ISIS militant on death row tells Sky News

Blindfolded and under armed guard, a captured ISIS fighter is brought before us.

When the blindfold is removed, he doesn’t look surprised to see a camera crew and several counterterrorism officers, one of whom interrogated him when he was first caught.

The 24-year-old militant is on death row in Somalia awaiting execution by firing squad, having been accused of being an ISIS commander, as well as a sniper and a member of a two-man bomb squad.

We’ve been given extremely rare access to speak to him and another ISIS recruit in a secure location in Puntland, the semi-autonomous region of northern Somalia where the terror group has been seizing territory and ruling over terrified communities.

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Watch the documentary – Hunting for ISIS: A warning from Africa

US and Somali commanders say ISIS is running its global headquarters in Puntland’s caves, financing its activities worldwide.

Muthar Hamid Qaayid is from Yemen and came to Somalia via a sea route where we’ve witnessed how challenging it is to halt the flow of militant travellers.

He insists he wasn’t an active participant in the two-man bomb squad – and seems entirely unbothered about the situation he now finds himself in.

“I didn’t press the button,” he says. “I just looked. The other man made the bomb and set it off. I didn’t come here to kill Muslims.”

His partner blew himself up as he was planting the bomb in Bosaso city centre and realised he had been discovered.

Officers believe he detonated it prematurely.

The man in front of us was injured, and we are told he had incriminating bomb-making equipment with him.

I ask him if he has regrets about his involvement and joining the militant group.

“I don’t regret anything,” he says, smiling. “Even if you take me out of the room now and execute me, I don’t regret anything.” Again, another smile.

“If they shoot me or hang me, I don’t mind. In the end, I don’t care.”

Tellingly, he says his family does not like ISIS. “If they found me here, they’d be upset,” he says.

Despite persistent questions, he doesn’t shift much. “I’m not thinking,” he insists. “There’s nothing. I’m just waiting for death.”

The ISIS militant speaks to Sky's Alex Crawford
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The ISIS militant speaks to Sky’s Alex Crawford

I ask if he’d heard of people being killed by the bombs he’s accused of planting.

“Yes, but they don’t kill all people,” he insists.

But what about killing anyone, I suggest, slightly puzzled.

“They don’t kill everyone,” he continues. There’s a pause. “Only infidels”.

Infidels is a term many recruits use to describe those who simply don’t agree with their strict interpretation of Sharia – that can include Muslims as well as other religions.

Officials show us multiple foreign passports recovered from ISIS cave hideouts in Puntland and from those they’ve captured or killed.

Passports seized from ISIS hideouts and fighters
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Passports seized from ISIS hideouts and fighters

There are passports for whole families from South Africa, including children, as well as ones from Germany, Saudi Arabia, Venezuela, and Bahrain.

There are also handfuls of IDs which show European faces.

Since a Puntland army offensive was launched last December, just five of the 600 ISIS fighters killed have been Somalis, says Mohamed Abdirahman Dhabancad, Puntland’s political affairs representative.

‘The main target was to rule the world’

The second prisoner brought before us is from Morocco and is much more talkative.

Usman Bukukar Bin Fuad insists he was duped by ISIS and says he only travelled to Somalia because he’d heard he could make money.

Usman Bukukar Bin Fuad claims he only dug caves for ISIS
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Usman Bukukar Bin Fuad claims he only dug caves for ISIS

“Instead, I ended up digging caves,” he says. “It was difficult to escape but when they told me to put on a suicide vest to kill Puntland forces, I said this is not what you told me I would be doing – and I escaped.”

He says he was given a weapon but never used it – a claim not believed by his captors.

“I never joined any fight,” he insists. “I had my weapon [AK47] but I just did normal duties taking supplies from location to location and following orders.”

He says he met the ISIS leader in Somalia, Abdul Qadir Mumin, several times.

“He used to visit all the ISIS camps and encourage them to fight.”

“And he’d reassure us all about going to heaven,” he adds.

It seems to lend credence to the belief that Mumin is still alive and operating – up until a few months ago anyway.

He says he was given training in sniping (which he didn’t finish) and map reading, which was interrupted when the Puntland military offensive began.

He says he travelled over from Ethiopia with six Moroccans, before meeting an Algerian recruit.

Fellow militants in the ISIS mountain stronghold were from countries including Tunisia, Libya, Tanzania, Kenya, Turkey, Argentina, Bangladesh, Sweden, and Iraq.

“The main target or focus was to rule the world,” he says. “Starting with this region as one of the gates to the world, then Ethiopia and the rest of the world.

“I heard so much talk about sending ISIS fighters to Bosaso, Ethiopia or Yemen. Sending people to other parts of the world and ruling the world was all part of the plan.”

The captives’ information has added to the belief that Puntland and Somalia is just the tip of a huge ISIS problem which is spreading and is able to cause terror in a range of ways.

Alex Crawford reports from Somalia with specialist producer Chris Cunningham and Richie Mockler. Photography by Chris Cunningham

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