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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6:45
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”.
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.
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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.
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.”
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.”
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.
Donald Trump’s Middle East envoy has met Israel’s prime minister in an effort to secure a ceasefire deal in Gaza before the president-elect takes office on 20 January.
Benjamin Netanyahu’s office confirmed details of the meeting with Steve Witkoff on Saturday, adding that the head of the Israeli Mossad intelligence agency has been deployed to Qatar in order to “advance” talks.
It was not immediately clear when David Barnea would travel to Doha for the latest round of indirect discussions between Israel and Hamas.
Earlier on Saturday, an Israeli official said some progress had been made, mediated by Egypt, Qatar and the United States, to reach a deal in Gaza.
The mediators are making renewed efforts to halt fighting in Gaza and free the remaining Israeli hostages held there before Mr Trump takes office.
A deal would also involve the release of some Palestinian prisoners held in Israeli jails.
Families of Israeli hostages welcomed Mr Netanyahu’s decision to dispatch the officials, with the Hostages and Missing Families Forum Headquarters describing it as a “historic opportunity”.
Mr Witkoff arrived in Doha on Friday and met the Qatari Prime Minister Sheikh Mohammed bin Abdulrahman Al Thani, Qatar’s foreign ministry said.
Egyptian and Qatari mediators received reassurances from Mr Witkoff that the US would continue to work towards a fair deal to end the war soon, Egyptian security sources said, though no further details were released.
Israel launched its assault on Gaza after Hamas fighters stormed across its borders in October 2023, killing 1,200 people and taking more than 250 hostages, according to Israeli figures.
Families of the roughly 100 hostages still held in Gaza are pressing Mr Netanyahu to reach a deal to bring their loved ones home.
Since then, more than 46,000 people have been killed in Gaza, according to Palestinian health officials, with much of the area destroyed and gripped by a humanitarian crisis, with most of its population displaced.
Pope Francis has been honoured with America’s highest civilian award by President Joe Biden, who has described the pontiff as “a light of faith, hope, and love that shines brightly across the world”.
It is the first time Mr Biden, 82, has given the Presidential Medal of Freedom with Distinction during his four years in office.
In a statement, the White House said the award is “presented to individuals who have made exemplary contributions to the prosperity, values, or security of the United States, world peace, or other significant societal, public or private endeavours”.
Mr Biden had been scheduled to present the medal to Pope Francis, 88, in person on Saturday in Rome on what was to be the final overseas trip of his presidency. But the president cancelled his visit to monitor the California wildfires.
The White House said Mr Biden bestowed the award during a phone call in which they also discussed efforts to promote peace and alleviate suffering around the world.
The award can be presented with or without distinction.
Mr Biden presented the medal of freedom – without distinction – on 5 January to several people including fellow Democrat Hillary Clinton, humanitarian and U2 singer Bono, fashion designer Ralph Lauren and actors Michael J Fox and Denzel Washington.
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Mr Biden himself is a recipient of the award with distinction, recognised when he was vice president by then president Barack Obama in a surprise ceremony eight years ago.
The citation for the pope’s honour said his “mission of serving the poor has never ceased”.
“A loving pastor, he joyfully answers children’s questions about God. A challenging teacher, he commands us to fight for peace and protect the planet. A welcoming leader, he reaches out to different faiths,” it added.
Ukraine has captured two North Korean soldiers fighting in Russia’s Kursk region, President Volodymyr Zelenskyy has said.
The injured pair are now in Kyiv and communicating with the Security Service of Ukraine, the country’s domestic intelligence agency, he said.
Ukrainian special forces and paratroopers captured the North Koreans, Mr Zelenskyy said in a post on X.
“As with all prisoners of war, these two North Korean soldiers are receiving the necessary medical assistance,” he said.
“I have instructed the Security Service of Ukraine to grant journalists access to these prisoners.
“The world needs to know the truth about what is happening.”
Mr Zelenskyy said capturing the soldiers alive was “not easy”. He also claimed Russian and North Korean forces fighting in Kursk have tried to conceal the presence of North Korean soldiers, including by killing wounded comrades on the battlefield to avoid their capture and interrogation by Ukraine.
The post included images of the two men – one with a bandage around his jaw and the other around both hands and wrists – and what appeared to be a Russian military document.
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Ukrainian drone targets Kursk soldiers
Ukraine’s security service SBU on Saturday provided further details.
It said one of those detained had no documents at all, while the other had been carrying a Russian military ID card in the name of a man from Tuva, a Russian region bordering Mongolia.
“The prisoners do not speak Ukrainian, English or Russian, so communication with them takes place through Korean translators in cooperation with South Korean intelligence,” a statement said.
One of the soldiers claimed he had been told he was going to Russia for training, rather than to fight against Ukraine, according to the SBU.
The agency added both men are being provided with medical care in line with the Geneva Conventions, and investigated “in cooperation with South Korean intelligence”.
North Korean regular troops entered the war on Russia’s side in October, according to Ukraine and its Western allies.
US, South Korean and Ukrainian intelligence assessments suggest up to 12,000 North Korean combat troops have been sent by Pyongyang under a pact with Moscow.
They believe North Korea has also been supplying Russia with vast quantities of artillery shells.