The Hague-based UN’s highest court, the International Court of Justice (ICJ), has called on Israel to take measures to limit the deaths and suffering of Palestinians and avoid “acts of genocide” in the war being waged in Gaza. The case comes in response to precautionary measures requested by South Africa, which filed the lawsuit against the country over what it described as a “pattern of conduct with genocidal intent” in its offensive against the Gaza Strip – which has killed more than 26,000 people. Since last October 7, people-
The decision was made by 15 votes in favor and two against among the 17 judges in charge of the lawsuit filed by South Africa in late December, in which it alleges violations of the Genocide Convention by Israel against Palestinians. ICJ President, Joan Donoghue, said at the opening of this Friday’s session that the court is “concerned about the loss of (human) life and suffering in Gaza” and noted that the Israeli attack has “led to deaths, massive destruction. “And based on statements by several senior United Nations representatives, including the Commissioner General of the Palestinian Refugee Agency (UNRWA), there was a large-scale displacement of residents of the Strip. Philip Lazzarini,
First and foremost, the ICJ has ruled that it has jurisdiction to hear this case and, moreover, that the Palestinians of Gaza represent a group that has the right to be protected from possible genocide. To prevent this from happening, the court has issued a series of “emergency orders” to protect Gazans, but has not ordered a ceasefire in the strip.
It called on Israel to “take all measures in its power to prevent acts” that are included in the Convention against Genocide and which are: “killing members of a protected group,” “subjecting members of the group to serious physical or “Inflict psychological harm”, “impose living conditions on the group that lead to its partial or total physical destruction” and “impose measures that prevent births within the group.” In its ruling, the ICJ details that “the State of Israel must ensure that its forces do not commit any of the acts described above” and must “prevent and punish any direct and public incitement to the genocide of Palestinians in Gaza ” Faced with the desperate humanitarian situation, the court demands that Israel “immediately provide basic services and humanitarian assistance” to Gazans.
Furthermore, Israel must submit a report to the ICJ with all measures taken to implement the orders within a period of one month from this Friday.
Leaving the hearing in The Hague the South African Foreign Minister expressed regret that the ICJ had not included a cessation of hostilities in its decision, but said that “the court has sent a clear signal to Israel.” At the same time, he warned that failure to follow the emergency orders issued this Friday would set a “dangerous precedent.”
On Thursday, the Israeli government announced that it had no intention of adhering to the precautionary measures, if they included a ceasefire, because “there is no basis for it,” said its spokesman Ayalon Levy. He also expressed confidence that the ICJ would rule in Israel’s favor: “We hope that the ICJ will reject these false and misleading charges.” Decisions of the Supreme Court of the United Nations are binding and cannot be appealed, but In fact It has no way of imposing its decisions and getting them implemented.
For its part, Islamist group Hamas said last night it would comply with the ICJ ruling if Israel did the same and complied with the ceasefire the court was expected to order. He also assured that if Israel releases Palestinian prisoners held in its country, it will release the hostages kidnapped on October 7 and those of its and other Palestinian militias.
In short, the defense that Israel presented to the ICJ on the 12th is based on Hamas attacks on October 7, which killed approximately 1,200 people, many of whom were residents of Jewish communities near the Gaza Strip. These attacks are not a central part of the South African case and Israel claims that this is the key element that justifies its right to self-defence. Nevertheless, faced with the possibility that the Court will issue a judgment against it, Israel has – for the first time in its history – decided to defend itself and, thereby, recognize the legitimacy of the ICJ.
The New York Times reported yesterday that Israel has declassified more than 30 secret documents under orders from government and military leaders to refute South Africa’s allegations, particularly its “genocidal intent.” Those orders show that Israel made “efforts” to prevent further deaths of Palestinian civilians, according to the newspaper, which has reviewed a copy of the documents submitted to the ICJ. Israel’s Defense seeks to prove that, although Israeli political leaders, including ministers, have called for the expulsion of all Palestinians from Gaza or the killing of them, official orders from the executive and military do not point in that direction.
Precisely, South Africa, in its 84-page lawsuit, includes official statements from senior political officials and military commanders, as well as what soldiers said in self-recorded videos in Gaza, in which they speak of Palestinians. Promise revenge against them, express your contempt and hatred towards them, or laugh at the suffering they cause. According to one of the lawyers on the South African team, the “genocidal intent” is “rooted in the belief that the enemy is embedded in Palestinian civilian life in Gaza, and not just in the military wing of Hamas.”
Israeli President Isaac Herzog himself had held all Palestinians responsible for the attack by Hamas. Meanwhile, the defense minister, Yoav Galant, described Gazans as “human animals” to justify the decision to completely cut off water, electricity and fuel supplies to the strip – a supply that has yet to be restored. Which, among other things, is leading to the consumption of contaminated water and the spread of respiratory diseases due to the burning of all types of waste for cooking and heating. The ICJ President referred to these statements and others by the two leaders in this Friday’s session.
According to The New York Times, the documents made public do not include orders issued against Gaza in the first ten days of the offensive, when Israel cut off water and electricity, and limited supplies of fuel and other basic supplies to the strip. Did.
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