[News] Israel ordered to prevent genocide in Gaza by International Court

[Anti-Imperialist News]

 Israel ordered to prevent genocide in Gaza by International Court

Friday 26-January-2024 - https://english.palinfo.com/news/2024/01/26/313406/
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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.
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