The top United Nations court is ruling Friday on an urgent plea by South Africa to order Israel to halt its military operations in Gaza and withdraw from the enclave.
Israel is unlikely to comply with any such order. Even so, a cease-fire order by judges of the International Court of Justice would heap more pressure on an increasingly isolated Israel as it continues its military assault on Gaza following the deadly Oct. 7 attacks by Hamas-led militants.
Israeli Prime Minister Benjamin Netanyahu is also under heavy pressure at home to end the war. Thousands of Israelis have joined weekly demonstrations calling on the government to reach a deal to bring home Israeli hostages in Hamas captivity, fearing that time is running out.
The International Court of Justice has broad powers to order a cease-fire and other measures, but it does not have its own enforcement apparatus. In another case on its docket, Russia has so far ignored a 2022 order by the court to halt its full-scale invasion of Ukraine.
Friday’s ruling comes just days after the prosecutor of another court in The Hague, the International Criminal Court, announced he is seeking arrest warrants for Netanyahu, Israel's defense minister and three Hamas leaders.
Reacting to the ICC announcement, Netanyahu said: “No amount of pressure and no decision in any international forum will prevent Israel from defending itself against those who seek our destruction.”
The cease-fire request is a preliminary part of a case filed late last year by South Africa accusing Israel of committing genocide during its Gaza campaign. Israel vehemently denies the allegations. The case will take years to resolve, but South Africa wants interim orders to protect Palestinians while the legal wrangling continues.
At public hearings last week at the International Court of Justice, South Africa's ambassador to the Netherlands, Vusimuzi Madonsela, urged the panel of 15 international judges to order Israel to “totally and unconditionally withdraw” from the Gaza Strip.
The court has already found that Israel's military operations pose a “real and imminent risk” to the Palestinian people in Gaza.
Israel’s offensive has killed more than 35,000 Palestinians, according to Gaza’s Health Ministry, and has caused a humanitarian crisis and a near-famine.
“This may well be the last chance for the court to act,” Irish lawyer Blinne Ní Ghrálaigh, who is part of South Africa’s legal team, told judges last week.
Israel rejects the claims by South Africa, a nation with historic ties to the Palestinian people.
“Israel takes extraordinary measures in order to minimize the harm to civilians in Gaza,” Tamar Kaplan-Tourgeman, a member of Israel’s legal team, told the court last week.
In January, ICJ judges ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive. In a second order in March, the court said Israel must take measures to improve the humanitarian situation.
The ICJ rules in disputes between nations. A few kilometers (miles) away, the International Criminal Court files charges against individuals it considers most responsible for war crimes, crimes against humanity and genocide.
On Monday, its chief prosecutor, Karim Khan, said he has asked ICC judges to approve arrest warrants for Netanyahu, Defense Minister Yoav Gallant and three top Hamas leaders — Yahya Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.
Israel is not an ICC member, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
