Prevent Genocide Of Palestinians In Gaza, Allow Humanitarian Aid : ICJ Directs Israel In South Africa's Application

The International Court of Justice, in a highly anticipated verdict, ruled that there was a need to issue provisional measures against Israel to prevent the genocide of Palestinians in Gaza.The Court issued the following provisional measures :1. By 15 : 2 votes, the Court directed that Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide in relation to the Palestinians in Gaza, shall take all measures within its powers to prevent the commission of all acts within the scope of Article 2 of the Convention, in particular (a) killing members of the group (b) causing bodily or mental harm to the members of the group (c) deliberately inflicting on the group conditions of life calculated to bring the destruction of the group in whole or in part (d) imposing measures to prevent births within the group. 2. By 15: 2 votes, the State of Israel shall ensure with immediate effect that its military does not commit any acts described above.3. By 16:1 votes, the State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to the members of the Palestinian group in the Gaza Strip. 4. By 16:1 votes, the State of Israel shall take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza strip.5. By 15:2 votes, the State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to the allegations of acts within the scope of Articles 2 and 3 of the Genocide Convention.6.By 15:2 votes, the State of Israel shall submit a report to the Court on all measures taken to give effect to this order within one month.The Court also called for the immediate and unconditional release of hostages abducted during the attack in Israel on 7 October 2023The UN's Top Court delivered this significant Order in South Africa's application requesting provisional measures (interim order) against Israel under the Convention on the Prevention and Punishment of the Crime of Genocide. Today, on 26 January 2024, Judge Joan E. Donoghue, the President of the Court, read the Order.Court's findingsThe Court at the outset clarified that it is only indicating provisional measures based on a prima facie analysis and that the order is not a final verdict on the allegations against Israel.It held that South Africa has the standing to bring the action under the Genocide Convention. "In the Court's view, at least some of the acts and commissions alleged by South Africa to have been committed by Israel in Gaza appeared to be capable of falling within the provisions of the (Genocide) convention," the Court stated.Palestinians constitute a distinct racial group and fall within the meaning of "protected group" under the Genocide Convention.The Court also noted that Israel's actions have resulted in over 27,000 deaths, 63,000 injuries, displacement of 1.7 million persons and destruction of several homes."The court is acutely aware of the extent of the human tragedy unfolding in the region and is deeply concerned about the continuing loss of life and human suffering.Israel launched a large-scale military operation in Gaza by land, air and sea which has caused massive civilian casualties, extensive destruction of civilian infrastructure and the displacement of the overwhelming majority of Gaza's population," it observed in the order.ICJ takes note of statements issued by Israel Ministers and officialsThe ICJ also noted some of the statements made by the Ministers and Military officials of Israel. Statements made by the Israel Defence Minister calling the Gaza inhabitants "human animals" and announcing the intention to cut electricity and water supply to the region were particularly taken note of. A Tweet made by Israel's Energy Minister that all the civilian population of Gaza have been ordered to be removed and that they will not receive a single drop of water was also cited by the Court.In view of the fundamental value sought to be protected by the Genocide Convention, the Court opined that the right of the Palestinians in the Gaza Strip to be protected from the acts of genocide are of such nature that irreparable harm will be caused if provisional measures are not issued."The Court concludes that the conditions required by its statute for it to indicate provisional measures are met," it said.BackgroundThe Hamas terrorists attacked Israel on October 7, 2023, killing around 1200 people. Retaliating this, Israel mounted a deadly military operation in Gaza. The attack has killed around 23,000 Gazan people, including several women and children.Amidst this Israel-Gaza conflict, South Africa filed an 84-page application against Israel in the World Court last year in December. In this application, it sought to bring...

Prevent Genocide Of Palestinians In Gaza, Allow Humanitarian Aid : ICJ Directs Israel In South Africa's Application

Gyanvi Khanna

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