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The International Court of Justice urges for measures to prevent genocidal actions in Gaza.
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The International Court of Justice urges for measures to prevent genocidal actions in Gaza.

ICJ President Joan Donoghue read the order at the Peace Palace in The Hague, addressing allegations of genocide against Israel by South Africa, which Israel has denied. Donoghue also demanded the release of any remaining hostages taken from Israel during the Hamas-led attacks on Israeli communities, where 1,200 people were killed on October 7th.

There was no direct request for an immediate cessation of Israel’s extensive military campaign in the Gaza Strip, which is estimated to have resulted in over 26,000 fatalities according to health officials in Gaza.

Emphasizing that the International Court of Justice (ICJ) was highly conscious of the severity of the humanitarian crisis in the area as a result of the conflict in Gaza, Judge Donoghue expressed the court’s ongoing distress over the ongoing fatalities and human suffering.

urges

Request for adherence: Head of UN appeals.

The Secretary-General of the United Nations, António Guterres, acknowledged in a statement the actions taken by the Israeli military as outlined in the temporary ruling and emphasized that the Court’s decisions must be followed. He expressed confidence that all involved parties will adhere to the Court’s order.
 

UN Spokesperson Stéphane Dujarric stated that as per the Court’s statute, the Secretary-General will quickly send the notification of the provisional measures mandated by the court to the Security Council.

fatality rate has remained steady at 2.5% for the past two weeks

The mortality rate in South Africa has not changed significantly over the past two weeks, remaining at 2.5%.

South Africa recently initiated a case in The Hague, requesting that the United Nations’ main governing body take immediate action to prevent further harm to the Palestinian people’s rights under the Genocide Convention.

South Africa requested that Israel immediately halt its military operations in the Strip and take all necessary actions to prevent genocide.

The nation of South Africa has requested the world court to mandate Israel to stop forced displacement, provide sufficient food and water to civilians, and safeguard any evidence of potential genocide.

Provisional measures are a type of temporary injunction ahead of a final decision on the dispute. It is likely to take years before a judgement is reached.

The measures are deemed necessary to be put into effect, but the Court lacks the ability to enforce them.

Israel claimed that their actions against Hamas were solely for defensive purposes and not directed towards the Palestinian people.

Attorneys representing Israel stated that if provisional measures were granted, it would be seen as an effort to prevent Israel from fulfilling its duties to protect its citizens, the hostages, and the over 110,000 Israelis who have been displaced.

You have the option to access the complete ICJ ruling here and view the entire judgement video below.

Court order

Explaining the temporary actions that Israel must take, the judge at the ICJ pointed out that both South Africa and Israel were part of the Genocide Convention and thus had promised “to stop and penalize the act of genocide.”

According to Judge Donoghue, in the treaty signed after World War II, genocide is described as actions performed with the intention of eliminating a national, ethnic, racial, or religious group either entirely or partially.

According to the court, the Palestinian population of two million was considered a separate and identifiable group.

Referring to the third article of the Genocide Convention, which forbids “conspiracy to commit genocide” and public instigation of genocide, the judge stated that the ICJ had acknowledged several declarations made by high-ranking Israeli leaders.

According to reports, Yoav Galant, Israel’s Defense Minister, made comments to troops stationed at the Gaza border, referring to the enemy as “human animals” and “the ISIS of Gaza”.

The impact of top UN officials

Judge Donoghue acknowledged the concerns of the international community regarding the worsening humanitarian conditions in Gaza during the proceedings, while representatives from Israel and South Africa observed.

On December 6, 2023, the UN Secretary-General issued a written warning to the Security Council stating that the Israeli Defense Forces’ continuous bombardment in Gaza has made nowhere safe. He also expressed concern that the situation is rapidly deteriorating and could have irreversible consequences for both Palestinians and the region’s peace and security.

The court’s decision included direct quotes from UN Emergency Relief Coordinator Martin Griffiths, reports from the World Health Organization (WHO), and UN Palestine relief agency chief Philippe Lazzarini regarding the dire situation in Gaza.

Next steps

The highest court of the United Nations not only issued temporary orders on Friday, but also requested that Israel provide a report within 30 days regarding all actions taken to enforce this order.

Source: news.un.org