Summary

  • The UN's top court rules that Israel must take all measures to prevent genocidal acts in Gaza, but stops short of ordering an immediate halt to operations

  • Judges at the International Court of Justice delivered an interim ruling in South Africa's genocide case against Israel

  • Riyad al-Maliki, the Palestinian foreign minister, says the judges ruled "in favour of humanity and international law"

  • Meanwhile, PM Benjamin Netanyahu says Israel will "continue to defend ourselves and our citizens while adhering to international law"

  • A verdict on South Africa's allegation of genocide is not expected for years; Israel strongly denies the accusation, calling it "baseless"

  • Meanwhile, US media report that the head of the CIA is due to meet Israeli, Qatari and Egyptian officials in the coming days to discuss a new potential ceasefire in Gaza

  • Israel's retaliatory attacks in Gaza have killed 25,900 people, mostly women and children, the Hamas-run health ministry says

  • The current war began after Hamas attacked southern Israel on 7 October, killing about 1,200 people, mostly civilians, and taking 240 hostages

  1. The scene at the Hague this morningpublished at 09:43 Greenwich Mean Time 26 January

    Journalists outside the Hague
    Image caption,

    Journalists outside the Hague ahead of the hearing today.

    Today's hearing is going to be a significant moment and the world's media has descended on the Hague to cover it.

    We'll soon find out whether the ICJ's 17 judges will issue emergency measures ordering Israel to stop its military operations in Gaza.

    As a reminder, a ruling against Israel is not enforceable by the court but would be politically significant.

  2. What about the allegation of genocide?published at 09:35 Greenwich Mean Time 26 January

    Anna Holligan
    Reporting from The Hague

    Today's ruling is not about whether Israel has breached the Genocide Convention – that will come much later.

    The genocide convention (1948) defines genocide as the "intent to destroy in whole or part, a religious, ethnic, national or racial group".

    At the heart of genocide allegations is the issue of intent. During the oral proceedings, South Africa and Israel provided a different interpretation of event, based on their interpretation of the underlying intent.

    Israel said it was moving civilians out of harm's way. South Africa argued those orders constituted forced displacement.

    It's not about the level or extent of violence, it's about intent - intent is the crucial element in the fundamental part, or "merits", of this case.

    Both sides will have an opportunity to present arguments before a ruling on the broader accusation - the evidentiary standard to meet genocidal intent has a much higher threshold than those required for provisional measures to be granted.

  3. The International Court of Justicepublished at 09:27 Greenwich Mean Time 26 January

    The ICJ courthouse in the Hague, in the NetherlandsImage source, EPA

    The ICJ is the United Nations' top court, external.

    Based in the Hague, in the Netherlands, it was established after World War Two, to settle disputes between states and give advisory opinions on legal matters, which is what it is being asked to do with Israel.

    Unlike the International Criminal Court (ICC), the ICJ cannot prosecute individuals for crimes of the utmost severity, such as genocide.

    But its opinions carry weight with the UN and other international institutions.

  4. The significance of today’s hearingpublished at 09:15 Greenwich Mean Time 26 January

    Anna Holligan
    Reporting from The Hague

    Women mourn the death of a relative in in Rafah in the southern Gaza Strip on 19 December, 2023Image source, Getty Images

    The legal arena is becoming increasingly influential in determining how this conflict is perceived by the rest of the world.

    International law has become a vital, neutral framework to aid our understanding of global norms and standards and help us to understand whether they are being met.

    The ICJ has no enforcement mechanism, no police or peacekeepers, it relies on cooperation from states.

    But the world is watching. A ruling in South Africa's favour will place additional political pressure on Israel to work towards a ceasefire.

    It will intensify focus on Israel's international allies to do what they can behind the scenes to find a resolution and guarantee humanitarian assistance gets to where it's needed.

    This politically contentious case has resonance around the world and a potentially tangible direct and immediate impact for people on the ground in Israel and Gaza.

  5. The 7 October attacks and the war in Gazapublished at 09:05 Greenwich Mean Time 26 January

    Supporters and families holding pictures of hostages held by Hamas in Gaza take part in rally in Tel AvivImage source, EPA-EFE/REX/Shutterstock

    A quick reminder that the current conflict in Gaza began when hundreds of members of Hamas crossed from the Gaza Strip into southern Israel on 7 October, killing 1,200 people, mainly civilians, and taking about 240 hostages back to Gaza.

    Israel launched a widespread military campaign in the territory in response, vowing to destroy Hamas in the process.

    In the months since war broke out, some 26,000 people, mainly women and children, have been killed in Gaza, and more than 60,000 have been injured, according to the Hamas-run health ministry there.

    Correction 13 February: This post wrongly reported that about 1,300 people had been killed following the 7 October attack by Hamas. This was based on counting those who later died from their injuries in addition to the figure of more than 1,200. The article has been amended to now refer to about 1,200 deaths, a figure which includes those deaths and which Israel says is not final.

  6. What is today's hearing about?published at 09:00 Greenwich Mean Time 26 January

    Anna Holligan
    Reporting from The Hague

    Judges pictured at the ICJ on 12 JanuaryImage source, EPA

    South Africa has accused Israel of violating the UN's 1948 Genocide Convention.

    It has requested provisional measures, which would have a similar effect as a restraining order or temporary injunction.

    In order to determine whether the legal requirement has been met, 17 judges - 15 permanent justices, plus one each from South Africa and Israel - must answer two questions:

    • Whether South Africa has met the basic test to show that its claim against Israel is plausible
    • Whether the Palestinian population in Gaza faces a real and imminent risk of irreparable harm

    If the court finds the threshold has been met, then it will decide which if any of the nine provisional measures requested by South Africa should be granted.

    The judges are not limited to South Africa's specific requests.

    The panel could simply instruct Israel to ensure its military operations comply with international law and to ensure food, water or medical deliveries are reaching civilians.

  7. ICJ to rule on call for Israel to stop military actionpublished at 08:58 Greenwich Mean Time 26 January

    Pro-Israeli and pro-Palestinian protesters gathered near the ICJ in the Hague to watch the proceedingsImage source, Reuters

    Good morning and welcome to our live coverage. Today, the UN's top court could issue emergency measures ordering Israel to halt its military operations in Gaza.

    The session of the International Court of Justice (ICJ) is part of a case brought by South Africa alleging that Israel is committing genocide against Palestinians.

    Both South Africa and Israel testified when the case opened two weeks ago, and today judges will consider South Africa’s request for “provisional measures” against Israel.

    Israel has vehemently rejected the allegation. A ruling against it is not enforceable by the court but would be politically significant.

    We'll be bringing you the latest developments ahead of the court session at midday, so stay with us.