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Court of Justice Stops Short of Genocide Label and Ceasefire Order for Israel, but Pro-Israel Critics Call Decision 'Absurdity'

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JERUSALEM, Israel – The International Court of Justice stopped short of ordering a ceasefire and did not charge Israel with genocide in a ruling Friday on charges brought by South Africa in The Hague concerning Israel's war with Hamas in Gaza, but supporters of Israel reacted with "utter dismay" at the decision and called it "an absurdity."

After the ruling, Israeli Prime Minister Benjamin Netanyahu said Israel is committed to international law as well as Israel’s own right to defend itself.

"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people. Like every country, Israel has an inherent right to defend itself,” Netanyahu said in a statement in Hebrew and English following the ruling. 

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

The ICJ ordered Israel “to take all measures within its power to prevent genocide,” and said Israel “must ensure its forces do not commit genocide and ensure preservation of evidence of alleged genocide.”

ICJ Chief Judge Joan Donoghue said Israel must “punish the direct and public incitement to commit genocide.” The only “proof” of numbers of dead they used were those provided by the Palestinian Authority and the United Nations.

They also made no differentiation between Hamas fighters and civilians in Gaza; made no mention of how many Gazans were killed by misfired Hamas rockets.

Donoghue referred to statements made by “senior Israeli officials” just days after the massacre, including from Defense Minister Yoav Gallant and President Isaac Herzog, saying that Israel intended to wipe out Hamas. There was no mention that later, Israeli leaders repeatedly differentiated between Hamas and the general population of Palestinians, saying Israel’s war is not against the Palestinians but against Hamas.

Donoghue did refer to Hamas’ kidnapping of hundreds of hostages on October 7 as illegal and said they must be released right away.

Netanyahu’s statement came shortly after the ruling.

“The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it,” Netanyahu stated.

“On the eve of the International Holocaust Remembrance Day (on Saturday), I again pledge as Prime Minister of Israel - Never Again. Israel will continue to defend itself against Hamas, a genocidal terror organization.

“On October 7th, Hamas perpetrated the most horrific atrocities against the Jewish people since the Holocaust, and it vows to repeat these atrocities again and again and again. Our war is against Hamas terrorists, not against Palestinian civilians,” Netanyahu reiterated.

“We will continue to facilitate humanitarian assistance, and to do our utmost to keep civilians out of harm's way, even as Hamas uses civilians as human shields. We will continue to do what is necessary to defend our country and defend our people,” he added.

The International Christian Embassy Jerusalem (ICEJ) expressed its “utter dismay” at the ICJ’s ruling.

“The world was shocked and repulsed by the evil atrocities committed by Hamas against innocent Israelis last October 7, and today’s ruling by the International Court of Justice only compounds the shock and pain of that dark day,” said David Parsons, Vice President & Senior International Spokesman.

“That the wide majority of justices on the Court would sit calmly at the reading of its rulings on the eve of 27 January, set aside by the international community as International Holocaust Remembrance Day, only deepens our disappointment at the world’s betrayal of the Jewish state and people,” Parsons said.

“This decision inverts justice and is built on decades of the United Nations and all its forums becoming the world’s most cunning purveyors of antisemitism. These global institutions were founded with honorable intentions, including to prevent a repeat of the Nazi genocide against the Jews, yet these very forums are now placing Israel in grave danger by giving credence to these outrageous claims it is committing genocide in Gaza,” he continued.

Parsons quoted the prophet Isaiah (5:20) in the Bible who said, “Woe to those who call evil good, and good evil; Who put darkness for light, and light for darkness.”

“Israel is justly defending its citizens from massacres, rapes, mutilations and torture, yet it is now rebuked by the World Court, even while Hamas and other armed Palestinian militias are let completely off the hook. Nonetheless, we trust the Lord God to keep and protect Israel as He has promised (Psalm 121:4; Jeremiah 31:10),” he added.

“Israel has a responsibility to the people of Israel and to God to put the shoe on the other foot. As a journalist who has interviewed key members of Hamas and the PLO, the uniting element in both entities is their firm commitment to the genocide of the Jewish people in the Land of Israel,” said David Bedein, who started Israel Behind the News in 1987 to expose teachings and practices going on inside UN facilities in Aza and the West Bank.

“The time has come to confront the absurdity of the world court judging those who suffer from the threats of genocide as if they were advocating genocide,” Bedein told CBN News in response to the ICJ ruling.

“And what we intend to do is to go to the international court of justice and ask that UNRWA be called to justice for welcoming the PLO and Hamas as the progenitors of their education. Something that should never have been accepted by the United Nations,” he added.

Bedein noted that the Torah portion starting January 28 (the weekly reading in synagogues from the first five books of the Bible) is about Amalek.

“The story of Amalek is not about destroying the other side but about understanding what the other side really wants,” he said. In Exodus 17:8 Amalek descends on the Jewish people for no reason, he said. 

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About The Author

Julie Stahl
Julie
Stahl

Julie Stahl is a correspondent for CBN News in the Middle East. A Hebrew speaker, she has been covering news in Israel fulltime for more than 20 years. Julie’s life as a journalist has been intertwined with CBN – first as a graduate student in Journalism; then as a journalist with Middle East Television (METV) when it was owned by CBN from 1989-91; and now with the Middle East Bureau of CBN News in Jerusalem since 2009. As a correspondent for CBN News, Julie has covered Israel’s wars with Gaza, rocket attacks on Israeli communities, stories on the Jewish communities in Judea and Samaria and