Israel-Hamas War: What happened on Day 112?

Two Israeli children were filmed crossing the Gaza border into the Jabaliya area on Thursday before being returned to the Israeli side of the border by IDF troops, Army Radio reported Friday afternoon.

The IDF released a statement on the incident, stressing that physical proximity to the border area is "dangerous and forbidden.

"The children crawled under the fence inside Israeli territory," the IDF further said, reaffirming that they never reached Gazan territory.

תקרית חמורה בגבול עזה: שני ילדים ישראלים חצו אתמול את גדר הגבול באזור ג'באליה, כוח צה"ל השיב אותם לשטח הארץ; צה"ל: "התקרבות מסוכנת ואסורה, הילדים זחלו מתחת לגדר בשטח ישראל, ולא עברו לשטח הרצועה"@Doron_Kadosh pic.twitter.com/UafBo2Yh9J

— גלצ (@GLZRadio) January 26, 2024

Members of Mothers of IDF Soldiers protest at the Kerem Shalom crossing, at the Gaza border, January 24, 2024 (credit: Mothers of Combat Soldiers Foundation)

Gaza border protests intensify

The incident happened while dozens of civilians gathered on Thursday near the border fence with the Gaza Strip inside Israeli territory, in the area of Nabih Mar'i Lookout Point near Kibbutz Mefalsim (opposite Jabalia, in the north of the Gaza Strip).

Dozens of Israeli citizens who came to the area claimed to have come for "planting", although it's unclear what this refers to as that area is defined as a closed military area.

The small children managed to crawl under the gate of the fence, thanks to the small space between the gate and the ground.

"Approaching the border area with the Gaza Strip is dangerous and prohibited," said the IDF on the incident.

In the last week, there has been significant friction between IDF troops and civilians in the area surrounding Gaza, with more citizens coming to the area of the fence and like the protests in Kerem Shalom in an attempt to prevent aid trucks from entering.

A short time ago, for the second time on Friday, several launches from Lebanon to the Mount Hermon area were detected, which fell in open areas, the IDF responded with artillery fire, according to Israeli media.

This is a developing story.

Hamas published a video showing three of the 132 hostages who remain kidnapped in Gaza, 112 days into the IDF's war on Hamas.

The video shows Karina Ariev (19) and Daniela Gilboa (19), who were both kidnapped from an IDF base in Nahal Oz on October 7. The video also shows Doron Steinbrecher (31), kidnapped from her home in Kfar Aza, according to Israeli media reports.

It appears to have been filmed five days ago, on Sunday, as the hostages were filmed talking about being in captivity for "107 days". 

Who are the three hostages shown by Hamas?

Ariev and Giloba were two of the four hostages featured on the British paper Daily Mail's front page earlier this month, which showed shocking images of the bloodstained and terrified hostages, claimed to have been taken during their captivity in Gaza.

Daily Mail writes about four female hostages who are still being held in Gaza (credit: DAILY MAIL)

Orly Gilboa, the mother of 19-year-old Daniela, implored parents worldwide to imagine the horror of their children in such circumstances.

The parents of Doron Steinbrecher, who needs medication she takes daily, met with representatives of the Red Cross last month, only to be sat down and reprimanded by the representatives.

This is a developing story.

Two Israeli children were filmed crossing the Gaza border into the Jabaliya area on Thursday before being returned to the Israeli side of the border by IDF troops, Army Radio reported Friday afternoon.

The IDF released a statement on the incident, stressing that physical proximity to the border area is "dangerous and forbidden.

"The children crawled under the fence inside Israeli territory," the IDF further said, reaffirming that they never reached Gazan territory.

תקרית חמורה בגבול עזה: שני ילדים ישראלים חצו אתמול את גדר הגבול באזור ג'באליה, כוח צה"ל השיב אותם לשטח הארץ; צה"ל: "התקרבות מסוכנת ואסורה, הילדים זחלו מתחת לגדר בשטח ישראל, ולא עברו לשטח הרצועה"@Doron_Kadosh pic.twitter.com/UafBo2Yh9J

— גלצ (@GLZRadio) January 26, 2024

This is a developing story.

The United Nations Palestinian agency (UNRWA) said on Friday it had opened a probe into the alleged involvement of several of its employees in the Oct. 7 attacks in southern Israel by Hamas, and that it had severed ties with these staff members.

"The Israeli authorities have provided UNRWA with information about the alleged involvement of several UNRWA employees in the horrific attacks on Israel on October 7," said Philippe Lazzarini, UNRWA Commissioner-General.

"To protect the agency's ability to deliver humanitarian assistance, I have taken the decision to immediately terminate the contracts of these staff members and launch an investigation in order to establish the truth without delay." Lazzarini did not disclose the number of employees allegedly involved in the attacks, nor the nature of their alleged involvement.

He said, however, that "any UNRWA employee who was involved in acts of terror" would be held accountable, including through criminal prosecution.

UNRWA says allegations are shocking

Antonio Guterres, Secretary-General of the United Nations, has been briefed about the allegations, his spokesperson said.

Palestinian employees of United Nations Relief and Works Agency (UNRWA) take part in a protest against job cuts by UNRWA, in Gaza City September 19, 2018. (credit: REUTERS/IBRAHEEM ABU MUSTAFA)

"The Secretary-General is horrified by this news," said spokesperson Stéphane Dujarric.

Dujarric added that the U.N. chief had asked Lazzarini to conduct a probe to ensure that any UNRWA employee shown to have participated or abetted the Oct. 7 attacks be terminated immediately and referred for potential criminal prosecution.

"An urgent and comprehensive independent review of UNRWA will be conducted," Dujarric added.

UNRWA, established in 1949 following the first Arab-Israeli war, provides services including schooling, primary healthcare and humanitarian aid to Palestinians in Gaza, the West Bank, Jordan, Syria and Lebanon.

UNRWA has provided aid and used its facilities to shelter people fleeing bombardment and a ground offensive launched by Israel in Gaza following the Oct. 7 attacks, in which Israel says 1,200 people were killed and 253 people taken hostage.

"These shocking allegations come as more than 2 million people in Gaza depend on lifesaving assistance that the agency has been providing since the war began," Lazzarini said.

The United States is troubled by the allegations that 12 UNRWA employees may have been involved in the Oct. 7 Hamas attack on Israel and has temporarily paused funding, the State Department said on Friday.

"The Department of State has temporarily paused additional funding for UNRWA while we review these allegations and the steps the United Nations is taking to address them," spokesperson Matthew Miller said.

Israel's offensive has laid waste to much of the densely populated Gaza Strip and killed more than 25,000 Palestinians, according to the Hamas-controlled Palestinian Health Ministry. 

UNRWA, whose biggest donors in 2022 were the United States, Germany, the European Union and Sweden, has repeatedly said its capacity to render humanitarian assistance to people in Gaza is on the verge of collapse.

In response to the ruling at the International Court of Justice (ICJ) that came out in favor of South Africa's request to impose emergency measures against Israel over its military operations in Gaza, South Africa hailed what it called a "decisive victory" for international rule of law on Friday.

South Africa is satisfied by the ICJ’s instructions on Israel on the prevention of genocide, the country’s Foreign Minister Naledi Pandor said.

“The Court has given very very direct instructions. We are satisfied that the provisional measures that we sought to be addressed, would be addressed by the Court,” she said as she stood outside the court at the Hague where she had come to be present for the hearing.

Pandor said she had hoped that the Court would order Israel to stop the fighting. The ICJ issued six provisional measures it wanted Israel to take but stopped short of asking it to end the war,

The Foreign Minister did not say if she was disappointed by that move.

Judges at the ICJ hear a request for emergency measures by South Africa, who asked the court to order Israel to stop its military actions in Gaza, in The Hague, Netherlands, january 11, 2024. (credit: REUTERS/THILO SCHMUELGEN)

“I believe that if you read the convention very carefully, the matter of how a war or conflict is conducted is not elaborated. I would have wanted the word cessation included in the judgment. ‘’

Asked by the Jerusalem Post if South Africa now intended to sever diplomatic ties with Israel, the minister said ‘’I don’t think it’s a matter between South Africa and Israel here. All your questions are about Israel, but the real issue is Palestine, Palestinians who are being killed every day. The people of Palestine who are denied food, water, and energy, that is the critical issue we should all focus upon.’’

Statements from Hamas and Palestinian leadership

Hamas leaders were also pleased by the decision. A senior Hamas official, Sami Abu Zuhri told Reuters on Friday that the ICJ decision is an important development that contributes to isolating Israel and exposing its crimes in Gaza. "We call for forcing the occupation to implement the court's decisions," he added.

The Palestinian Foreign Minister, Riyad al-Maliki said, "The ICJ judges assessed the facts and the law, they ruled in favor of humanity and international law. We call on all states to ensure that all provisional measures ordered by the Court are implemented, including by Israel, the occupying power. This is a binding legal obligation. The ICJ order is an important reminder that no state is above the law. It should serve as a wake-up call for Israel and actors who enabled its entrenched impunity."

Iran's foreign minister called on Friday for Israeli authorities to face justice after the ICJ ordered Israel to take measures to prevent acts of genocide in Gaza.

"Today, the authorities of the fake Israeli regime... must be brought to justice immediately for committing genocide and unprecedented war crimes against the Palestinians," foreign minister Hossein Amirabdollahian said on the X platform.

Statements from a human rights lawyer 

"The ICJ didn't give South Africa all it wanted, but this ruling is a resounding vindication of Pretoria’s decision to bring the case, and a powerful indictment of Israeli policy," human rights lawyer Reed Brody stated.

"Most importantly, whatever the Israeli government may say, this binding order will put pressure on Israel, directly and through its allies, to end the collective punishment of the people of Gaza and to allow humanitarian aid. Finally, after almost four months of death and destruction, Israel has faced a legal reckoning for its actions.”

South Africa's relationship with Palestinian leaders

South Africa is hopeful that Israel will comply with Friday's order by the ICJ that Israel must take steps to prevent acts of genocide as it wages war against Hamas militants in the Gaza Strip, South Africa's justice minister Ronald Lamola told Reuters in an interview.

Lamola also told Reuters on the sidelines of a gathering of the governing African National Congress (ANC) party that South Africa's liberation hero Nelson Mandela would be smiling in his grave at Friday's ICJ judgment.

The ANC has long defended the Palestinian cause, a relationship forged when its struggle against oppressive white-minority rule was cheered on by Yasser Arafat's Palestine Liberation Organization.

The ANC has likened Israel's actions to its struggle against apartheid, a comparison rejected by Israel.

Reuters and Jerusalem Post Staff contributed to this report.

Hamas published a video in which Karina Ariev (19) and Daniela Gilboa (19) both kidnapped from the Nahal Oz base as well as Doron Steinbracher (31), kidnapped from her home in Kfar Gaza, are visible, according to Israeli media reports.

It appears to have been filmed 5 days ago because they talk about "107 days in captivity". 

This is a developing story.

“Today marks a dark day in the pursuit of justice as we express our deep disappointment and lament the decision of the International Court of Justice to grant provisional measures in response to South Africa’s false allegation that Israel is carrying out acts of genocide against the Palestinian people in Gaza,” Ronald S. Lauder, president of the World Jewish Congress (WJC), said in a statement in response to the International Court of Justice's (ICJ) decision to grant provisional measures in the case brought against Israel by South Africa regarding the Israel-Hamas war.

“We stress our certainty that, on the merits, the court will find that Israel is not violating the Genocide Convention in its final ruling.”

Lauder added, “We applaud Israel’s steadfast commitment to follow the laws of war and protect the civilians of Gaza. This is in stark contrast to Hamas, a terrorist organization that has consistently shown little to no concern for the well-being of the Palestinians in Gaza.
 
“We call on South Africa and other countries to change course and redirect their focus to advocate for the unconditional release of hostages and hold Hamas accountable for its heinous crimes on and since October 7.” 

The judges of the International Court of Justice (ICJ) in The Hague, the Netherlands. (credit: THILO SCHMUELGEN/REUTERS)

ICJ ruling will 'facilitate' Hamas's terror objections - EJC

European Jewish Congress (EJC) President Dr. Ariel Muzicant added, “While the court rejected the specific demand of South Africa for an immediate ceasefire, it requested of Israel to comply with measures which will only facilitate the aims and objectives of Hamas and its allies in its mission of terror against the Jewish State.

“If the Republic of South Africa truly wanted to benefit the citizens of Gaza, it would have been better occupied using its international links to pressurize Hamas and its allies to cease hostilities against Israel rather than bring this nefarious case for genocide,” Muzicant added.

“Not only is the accusation of genocide false, but we also cannot fail to note, as European Jews prepare to mark International Holocaust Remembrance Day tomorrow, how this case cheapens the very essence of the term 'genocide,' the clear and deliberate attempt to destroy the existence of a people, an act directly experienced by the Jewish People in living memory,” Muzicant concluded.

Combat Antisemitism Movement CEO Sacha Roytman-Dratwa said “The ICJ’s interim ruling, coming a day before International Holocaust Remembrance Day, shames the memory of those who fought against genocide and the six million Jews on whose ashes the Genocide Convention was built. The ruling strips the rights of their descendants, the Jewish people in their indigenous and ancestral homeland, of their right to prevent another genocide. It sets a precedent that will deny the right of defense from all democracies fighting against terrorists who embed themselves among civilian populations. The ruling will be learned and studied by all terrorist organizations around the world and serve as a blueprint for them to be able to achieve their genocidal aims, without censure or attack. Finally, we recall that the ICJ made an unequivocal demand to immediately release all of the hostages, something which we share.”

Today is a dark day for justice and the very framework of international law. Instead of upholding the Rule of Law, the #ICJ has handed Hamas a victory and become a party to South Africa’s perversion of justice.

— Arsen Ostrovsky 🎗️ (@Ostrov_A) January 26, 2024

Arsen Ostrovsky, human rights attorney and CEO of The International Legal Forum, an Israel-based global coalition of pro-Israel lawyers, added, “It should also not go unnoticed that this decision has been handed down on the eve of International Holocaust Remembrance Day. The very term 'genocide' was created in the wake of the Holocaust to describe the attempted annihilation of the Jewish people and is now being unconscionably weaponized and subverted by South Africa, in the wake of the single largest massacre of Jews, since the Holocaust itself.”

For 35 minutes, the International Court of Justice bad-mouthed Israel, but then it surprised the Jewish state by not issuing any practical orders against the IDF.

There was no order to cease the war and there was no order for the IDF to withdraw from Gaza.

The most troubling practical item in the ruling for Israel is the need to report back to the ICJ in one month, something which leaves the door open to a more serious order at that time.

All of the other measures that the ICJ ordered are items which Israel says it agrees with in general: don't commit genocide, facilitate humanitarian aid, preserve evidence for probes of alleged war crimes, and prosecute Israelis who engage in illegal incitement against Palestinians.

In order to understand the complex ICJ decision and why this was a big win for Israel, one needs to understand the difference between declarative and operative law.

The judges of the International Court of Justice (ICJ) in The Hague, the Netherlands. (credit: THILO SCHMUELGEN/REUTERS)

Declarative law is basically asking or advising a party to do something, but with no teeth.

Only operative law has teeth and punishments.

No definitive action against Israel taken 

Israel's critics hoped there would be an order to end the war and to withdraw the IDF.

This would have put Israel in the uncomfortable position of either giving up on its national security to comply, or being a public offender of the ICJ's decisions.

This would also have put Israel's allies in a much harder position, and possibly led some of them to penalize Israel diplomatically and even economically.

All of this would have had real world impact on Israel and the war effort.

Instead, the ICJ heavily criticized Israel for killing Palestinian civilians and causing destruction, but avoided any immediate conflagration with Israel.

The one month time period could also work in with US and EU ally positions that the intensity of the war must wind down.

This would not mean that in one month the IDF withdraws or would stop seeking out terrorists.

But Israel could at some point declare that the formal war was over, and that officially IDF activities in Gaza have shifted to more of a law enforcement paradigm closer to what goes on in the West Bank, emphasizing arresting terrorists, and firing on them only in self-defense.

Israel could also leave exceptions for operations relating to eliminating Hamas's leaders and rescuing Israeli hostages, but those would be targeted special operations, not a full-fledged "war."

Another upshot of the decision could be strengthening Attorney-General Gali Baharav-Miara's hand to more aggressively prosecute public officials for incitement against Palestinians.

She can now clearly say she is doing so both to enforce Israeli law and to protect the country from a wave of war crimes allegations and boycotts.

Some Israelis will be furious with the 35 minutes of badmouthing Israel, of treating UN officials as unbiased, of ignoring the rocket fire on Israel after October 7 (the judges did recognize October 7 as a massacre), and of leaving out Hamas's systematic abuse of hospitals, mosques, schools and all of Gaza as one big human shield.

But that was not what this game was about.

The rhetorical battle was never going to go Israel's way.

This was about whether a global sanctions movement against Israel would get a new huge club to wield against the Jewish state.

And on that issue, Jerusalem just dodged a massive bullet - at least for 30 days.

Israel plans to continue to defend itself against Hamas, Prime Minister Benjamin Netanyahu said after the International Court of Justice gave a nod to South Africa’s genocide claim against Israel on Friday.

“Israel will continue to defend itself against Hamas, a genocidal terror organization,” Netanyahu said in a message from Jerusalem. He stressed that "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.

“The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected. The charge of genocide leveled against Israel is not only false, it’s outrageous, and decent people everywhere should reject it,” Netanyahu said.

He noted that the 17-member tribunal issued its first statements on the case, on Friday, just two days before International Remembrance Day, an event that was marked already on Friday by the United Nations. Both events, the one marking Holocaust remembrance day and the reading out of the initial ICJ action on the genocide case, could be viewed on the UN’s web page.

Netanyahu stated, “On the eve of the International Holocaust Remembrance Day, I again pledge as Prime Minister of Israel - Never Again.” He referenced the Hamas-led October 7 attack against Israel in which 1,200 people were killed and some 253 seized as hostages, of which 136 are still in captivity.

“On October 7, 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 stated. 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,” he said.

“We will continue to do what is necessary to defend our country and defend our people,” Netanyahu said.

Israel's far-right National Security Minister Itamar Ben-Gvir appeared to mock the World Court on Friday after it ordered Israel to prevent acts of genocide against the Palestinians and do more to help civilians in Gaza.

"Hague shmague," the minister wrote on X. "the antisemitic court ruling in the Hague proves what has already been known: This court does not seek justice, but rather the persecution of the Jewish people.

"They were silent during the Holocaust, and today, they stepped up a level in their hypocrisy," Ben-Gvir continued. "We cannot adhere to such dangerous rulings that risk the future existence of the State of Israel, and we must continue destroying the enemy until total victory is achieved.

ICJ decision 'mocks reality'

Defense Minister Yoav Gallant, in a statement, said Israel "does not need anyone to preach morals in order to differentiate between terrorists and Gaza's civilian population.

"Those who seek justice, will not find it on leather seats in the Hague," Gallant wrote. "They will find it in the Gaza terror tunnels, where 136 hostages are bing held."

Likud MK Dan Ilouz also attacked the International Court of Justice (ICJ), writing that "The decision from The Hague mocks reality. 

"Imagine a post-World War II scenario where Nazi-supporting judges, relying on statements from Nazi sympathizers like UNRWA, debate whether the United States and Britain committed genocide by freeing the world from Nazism. The true perpetrator of attempted genocide is Hamas alone," Illouz wrote.

"Asserting that Israel must adhere to international law is as redundant as telling a painter to paint. Israel respects the law and will continue to do so, rendering the court's decision meaningless, serving only to undermine Israel's political standing," the MK continued. "This lawsuit should have been dismissed at the outset."

Right-wing NGO B'Tselmo sent out a statement following the verdict, attacking the court's decision to dedicate "less than a minute" to discuss the October 7 massacre perpetrated by Hamas.

"The hypocritical ICJ ruling is an antisemitic one, in the spirit of the Protocols of the Elders of Zion," the organization said. "As [former prime minister David] Ben-Gurion said, 'It does not matter what the Gentiles say - it matters what the Jews do.'

"We have a duty to protect Israeli citizens and bring the hostages back home."