THE HAGUE, (PIC)
The International Court of Justice (ICJ) has ordered Israel on Friday to take measures to prevent genocide in the Gaza Strip and improve the humanitarian situation there.
In its ruling issued on Friday, the ICJ rejected Israel’s request to dismiss the lawsuit brought by South Africa.
A large majority of the 17-judge committee voted in favor of taking urgent actions that fulfill most of the demands made by South Africa, except for issuing an order to halt the war on Gaza.
The court, in the statement read by the judges, stated that Israel must take all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide Convention.
The Court acknowledged the right of the Palestinians in Gaza to be protected from acts of genocide, affirming that the conditions are met to impose provisional measures on Israel.
Furthermore, the Court added that Israel must commit to avoiding any killing, assault, or destruction against the people of Gaza and ensure the immediate provision of urgent humanitarian needs in the region.
According to the ruling, Israel is also required to submit a report to the Court within a month regarding all interim measures. The President of the court, Judge Joan E. Donoghue, said that South Africa has the right to bring the lawsuit and that Israel’s request for its dismissal cannot be accepted.
She added, “We have the authority to rule on emergency measures in the case of genocide against Israel.”
The judge emphasized that Israel must take all prescribed measures to prevent genocide in the Gaza Strip, stating that it must do so immediately.
She further stated that Israel must submit a report to the ICJ on all temporary measures imposed within a month, and it must take immediate action to improve the humanitarian situation and prevent destruction in the Gaza Strip.
The Court emphasized that its ruling imposes international legal obligations on Israel and that it must ensure the provision of urgent humanitarian needs in the Gaza Strip immediately.
Donoghue said that Israel must ensure that its army does not commit humanitarian violations in the territory and must prevent direct incitement to genocide.
According to the presentation, 15 judges in the Court voted in favor of Israel being obliged to take measures to prevent any acts related to genocide.
16 judges supported, against one vote, obliging Israel to take measures to prevent incitement to genocide.
15 judges supported, against two votes, obliging Israel to prevent the destruction of evidence related to genocide.
The Court called on Israel to refrain from all actions related to killing, assault, and destruction against the population of Gaza.
South Africa filed a lawsuit against Israel, the occupying power, on December 29th, based on its involvement in genocide against the Palestinian people in the Gaza Strip, and the lawsuit was supported by dozens of countries, marking a historic precedent in the Palestinian-Israeli conflict.
South Africa presented an 84-page file to the Court, gathering evidence of Israel’s killing of thousands of Palestinians in the Gaza Strip and creating conditions conducive to physical destruction, which is considered a genocide crime against them.
The Court will not decide on the essence of the claim on whether Israel is committing genocide on Friday, but will only issue a decision on urgent measures before considering the core of the case, which will take years to adjudicate.
Juliet Makin-Taylor, an international law expert at South Africa University, said that currently South Africa does not need to prove that Israel is committing genocide.
She continued, “It only needs to prove that there is a reasonable risk of genocide occurring.”
If the Court rules that there is indeed a risk of genocide occurring in Gaza, it could have geopolitical consequences, she added.
Makin-Taylor said, “It is much more difficult for other countries to continue supporting Israel in the face of a neutral party considering that there is a risk of genocide occurring.”
She added, “Countries may withdraw their military support or any other support for Israel to avoid that.” She also pointed to the enormous symbolic weight of any decision issued against Israel under the Genocide Convention, in light of the history of the Israeli state.
Adila Hashem, a lawyer from the South African delegation to the court, stated during previous sessions this month that genocides are not announced in advance, but before this court, evidence has been collected over the past 13 weeks showing in an undeniable manner a pattern of behavior and intentions that justify the reasonable claim of committing acts of genocide.
Prior to the session on Friday, South African Foreign Minister Naledi Pandor expressed her country’s hope and emphasized the importance of shedding light on the fate of the innocent in Palestine.
Orders issued by the International Court of Justice, which rules on disputes between states, are legally binding, but the court has no means of enforcing its judgments.
Meanwhile, dozens of activists staged a sit-in in front of the ICJ headquarters in anticipation of its ruling. They raised Palestinian flags and chanting slogans in support of the Palestinian people and denouncing the Israeli crimes against them.
