ICJ orders Israel to prevent genocide in Gaza, stops short of ordering ceasefire

The actual rulings can be found at https://www.icj-cij.org/sites/default/files/case-related/192...

and a summary is: https://www.icj-cij.org/sites/default/files/case-related/192...

Dissents etc can be found in the case page: https://www.icj-cij.org/case/192 - in particular the opinion of Judge Aharon Barak, the Israeli ad-hoc Judge (a peculiarity of the ICJ is that each side gets to add a judge, but it doesn't have much effect since there are 17 other judges). But interestingly Judge Barak ruled against Israel in the case of two measures, enforcement against Incitement and ensuring humanitarian aid.

I believe it's also available in French, for those more familiar with that language.

Since the comment that I replied to was flagged, I'm posting this here because it is simply a statement of facts.

- Judge Barak's numbers on civilian deaths on 7th october are simply wrong and could've been easily checked. 766 civilians were killed, 1200 was the total number of deaths (including armed forces).

- Israel's own numbers say "2 civilians killed for every one militant"[1], that's 66% in the Gaza offensive.

- 766 / 1200 = 63.8%

- 63.8% and 66% are indeed close numbers, don't see why would it be flagged.

Of course, the numbers claimed by other NGOs / UN make it worse. But Israel's numbers are sufficient to make that claim.

[1] - https://edition.cnn.com/2023/12/05/middleeast/israel-hamas-m...

Regarding the people that died on October 7, one important detail is evidence surfaced it appears a sizeable fraction was killed due to Israeli military attacking militants and hostages without distinction, to avoid capture, following the so called Hannibal directive:

https://thecradle.co/articles/israeli-army-ordered-mass-hann...

https://thegrayzone.com/2023/11/25/israels-october-7-propaga...

https://en.m.wikipedia.org/wiki/Hannibal_Directive

As far as has been credibly reported, it wasn't a "sizeable fraction", it was a very small number. There's only one incident I know of that is verified.

I'm sure more will surface - such is war. Therefore I want to make it very clear - it is not an important detail, despite you calling it such. Hamas are the ones that attacked - if in the process of trying to stop these attacks, the IDF inadvertantly killed Israeli civilians, that is tragic - but is completely the fault of Hamas. This is true both legally and morally.

IDF's own reporting calls the amount of friendly fire casualties on Oct 7 "immense". Your interpretation is more conservative than IDF's own analysis and reporting on their own evidence - that's suspicious.

Furthermore there is Israeli reporting on the practical use of Hannibal Directive during Oct 7, which is deliberate killing of military and civilian hostages. Israeli reporting claims that the use of this directive may have been responsible for a "large" amount of hostage casualties.

Despite official recognition of the "immense friendly fire", IDF also reports that they refuse further investigation because they believe it would be "immoral", so there is deliberate obfuscation at play.

>Israel’s army on Tuesday admitted that an “immense and complex quantity” of what it calls “friendly fire” incidents took place on 7 October.

>The key declaration was buried in the penultimate paragraph of an article by Yoav Zitun, the military correspondent of Israeli outlet Ynet.

>It is the first known official army admission that a significant number of the hundreds of Israelis who died on 7 October were killed by Israel itself, and not by Hamas or other Palestinian resistance factions.

>Citing new data released by the Israeli military, Zitun wrote that: “Casualties fell as a result of friendly fire on October 7, but the IDF [Israeli military] believes that … it would not be morally sound to investigate” them.

EDIT: Mis-wrote something, see further comments for details.

I went down the rabbit-hole trying to find out exactly what was said and meant. I don't consider Electronic Intifada a credible source (I mean, the bias is in the name!), but they are citing specific statements made by an Israeli army reporter.

That said, I think they (and you) are making things seem very different by the way in which you're quoting the statements. I wrote there are only a few known cases of friendly fire on civilians, and you wrote that the army thinks the number is "immense", which contradicts what I said.

Except, if you look at the context of that statement from the article, I think it doesn't actually contradict it. Here's the whole paragraph:

> Casualties fell as a result of friendly fire on October 7, but the IDF believes that beyond the operational investigations of the events, it would not be morally sound to investigate these incidents due to the immense and complex quantity of them that took place in the kibbutzim and southern Israeli communities due to the challenging situations the soldiers were in at the time.

The "immense and complex quantity" statement here refers to why the army says it's not morally sound to investigate the incidents. There could've been 100 incidents - e.g. 100 cases of cars bombed trying to cross back into Gaza, which may or may not have had hostages in them (which is I believe where the IDF supposedly invoked the "Hannibal doctrine").

A hundred potential incidents to investigate could absolutely qualify as someone saying there are an "immense number", while still only representing a tiny fraction of victims compared to the numbers we know for certain were killed by Hamas.

I honestly think that if your case hinges on the specific phrasing used to describe what someone from the IDF said, and which doesn't even necessarily prove anything - then your case is incredibly weak. This could've been a translation error (I couldn't find the original Hebrew version of this article), this could've been the reporter slightly exaggerating what they heard (even unknowingly), etc.

Do you have any other sources except for this? I'd love to see them.

Though again, let's be clear - there are already hundreds (possibly over a thousand?) known victims of Hamas that are verified. There might be some friendly-fire incidents too, but there are an incredibly large number that are absolutely known to have been killed by Hamas, many of which were captured on video by Hamas itself!

Trying to claim otherwise is just completely ignoring all real evidence in favor of conspiracy.

EDIT: More Israeli-source/Israeli-reported evidence below (excluding any non-Israeli analysis of evidence)

I just want to note one detail

> The "immense and complex quantity" statement here refers to why the army says it's morally sound to investigate the incidents.

The IDF says it is *not* morally sound to investigate the incidents

They have released their own data (without allowing third party investigation) on friendly fire for invasions after Oct 7, which they claim is 20% of casualties. They have not released evidence and refuse investigation of the casualties resulting from the "immense quantity" of "friendly fire" incidents on Oct 7.

> Almost a fifth of Israeli soldiers who died in Gaza were killed due to friendly fire, according to data released by the Israeli military, Israeli Ynet News reported on 12 December.

There is also IDF reporting on the use of helicopters:

> “The pilots realized that there was tremendous difficulty in distinguishing within the occupied outposts and settlements who was a terrorist and who was a soldier or civilian … The frequency of fire at the thousands of terrorists was enormous at the start, and only at a certain point did the pilots begin to slow their attacks and carefully choose the targets,” Israel’s Ynet reported last month, citing an Israeli air force investigation.

> “Shoot at everything,” one squadron leader reportedly told his men.

> A separate report published in Haaretz noted that the Israeli military was “compelled to request an aerial strike” against its own facility inside the Erez Crossing to Gaza “in order to repulse the terrorists” who had seized control. That base was filled with Israeli Civil Administration officers and soldiers at the time.

> According to Haaretz, the army was only able to restore control over Be’eri after admittedly “shelling” the homes of Israelis who had been taken captive. “The price was terrible: at least 112 Be’eri residents were killed,” the paper chronicled.

> Pilots have told Israeli media they scrambled to the battlefield without any intelligence, unable to differentiate between Hamas fighters and Israeli noncombatants, and yet determined to “empty the belly” of their war machines. “I find myself in a dilemma as to what to shoot at, because there are so many of them,” one Apache pilot commented.

And some Israeli witness accounts:

> An Israeli woman named Yasmin Porat confirmed in an interview with Israel Radio that the military “undoubtedly” killed numerous Israeli noncombatants during gun battles with Hamas militants on October 7. “They eliminated everyone, including the hostages,” she stated, referring to Israeli special forces.