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<h1 class="gmail-reader-title">ICJ orders 'Israel' to halt genocidal acts; fails to order ceasefire</h1>
<div class="gmail-credits gmail-reader-credits">Al Mayadeen English</div>
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<div class="gmail-reader-estimated-time" dir="ltr">January 26, 2024<br></div>
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<div class="gmail-moz-reader-content gmail-reader-show-element"><div id="gmail-readability-page-1" class="gmail-page"><p>In
the UN's top court hearing, the World Court stated that it would not
dismiss the case despite the Israeli request, calling on the occupation
to halt all military action that aligns with genocide. </p><img src="cid:ii_lruqhjbd0" alt="f34bf969-517c-4147-83a5-2714b8973f66.jpg" width="391" height="230"><br><div><ul id="gmail-content-slick-0"><div aria-hidden="false"><li>
The United Nations' highest court meets on Friday to
announce its decision on the request presented by South Africa to
enforce emergency measures against "Israel" for its war on Gaza, on
January 26, 2024. (Illustrated by Arwa Makki; Al Mayadeen English)
</li></div></ul>
<p>The United Nations' <a href="https://english.almayadeen.net/news/politics/icj-says-to-rule-on--israel--gaza-genocide-case-on-friday">highest court asserted its jurisdiction</a> to act on the emergency measures sought by South Africa in its lawsuit against "Israel's" actions in the Gaza war.</p>
<div><p>Despite the Israeli request for dismissal, the World Court stated that it would not dismiss the case.</p><p> On
Friday, the UN's top court ordered that some rights presented by South
Africa in its genocide case against the Israeli war on Gaza are
plausible.</p></div>
<p>As the reading proceeded, the court recognized the right of
Palestinians in Gaza to be protected from acts of genocide, adding that
the Palestinians are a protected group under the genocide convention.
However, the ruling does not deal with the core accusation of the case -
whether genocide occurred - but focuses on the <a href="https://english.almayadeen.net/news/politics/south-africa-expecting-icj-emergency-measures-ruling-on-frid">urgent intervention sought by South Africa</a>.</p>
<p>Among the measures South Africa requested was an immediate halt to
the Israeli military operation, which has laid waste to much of the
enclave and killed more than 26,000 Palestinians, according to Gaza
health authorities.</p>
<h2>'Israel' expected to take measures against genocide acts</h2>
<div><p>The Court ordered "Israel" to take all measures to prevent
genocide acts in Gaza, ensure its forces do not commit genocide, and
take measures to improve the humanitarian situation. </p><p> "Israel" is
required to submit a report to the court within a month, detailing its
actions to comply with the order. Furthermore, it must implement
measures to prevent and punish <a href="https://english.almayadeen.net/news/politics/south-africa-says--israel--failed-to-disprove-genocide-charg">direct incitement of genocide</a> in the context of its war on Gaza.</p><p> "The
state of Israel shall.... 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 said. </p></div>
<p>In a comprehensive decision, 15 of the 17-judge panel of the ICJ
voted in favor of urgent measures, addressing most of South Africa's
requests, though notably excluding an order for "Israel" to cease
military actions in Gaza.</p>
<h2>S. Africa takes 'Israel' to court </h2>
<p>Last year, <a href="https://english.almayadeen.net/news/politics/s--africa-icj-appeal-says--israel--genocidal--tel-aviv--deno">South Africa submitted a motion to the International Court of Justice</a>
on December 29, 2023, accusing Israeli forces of violating the UN's
Genocide Convention. South Africa's submission to the Hague-based court
reads that the Israeli occupation forces [IOF] operations "are genocidal
in character, as they are committed with the requisite specific intent
to destroy Palestinians in Gaza as a part of the broader Palestinian
national, racial, and ethnical group."</p>
<p>The International Court of Justice has the authority to issue
"provisional measures," emergency orders aimed at safeguarding
Palestinians in Gaza from potential breaches of the convention. These
orders are legally binding and cannot be appealed, though enforcing them
poses a challenge.</p>
<p>On December 29, "Israel" rejected South Africa's <a href="https://english.almayadeen.net/news/politics/s--africa-icj-appeal-says--israel--genocidal--tel-aviv--deno">launch of a genocide case</a>
against it at the International Court of Justice. Despite the sea of
war crime evidence, the occupation labeled the case as groundless blood
libel lacking legal merit and asserted that its army was adhering to
international humanitarian law. </p>
<p>On that note, Israeli Prime Minister Benjamin Netanyahu has hinted that his <a href="https://english.almayadeen.net/news/politics/icj-says-to-rule-on--israel--gaza-genocide-case-on-friday">government might not adhere to any ICJ order</a>, stating, "No one will stop us – not The Hague, not the Axis of Evil, and no one else," in reference to the Axis of Resistance.</p>
<h2>At the first ICJ hearing</h2>
<p>South Africa's legal team stated on January 11th - in its <a href="https://english.almayadeen.net/news/politics/at-first-icj-hearing--south-africa-provides--genocide--evide">opening statement at The Hague</a>
- that South Africa has recognized the ongoing Nakba of the Palestinian
people through "Israel's" colonization since 1948, "which has
systematically and forcibly dispossessed, displaced, and fragmented the
Palestinian people, deliberately denying them the internationally
recognized inalienable right to self-determination and their
internationally recognized rights of return as refugees to their towns
and villages in what is now the state of Israel."</p>
<p>The team emphasized that South Africa is particularly mindful of
"Israel’s" "institutionalized regime of discriminatory laws, policies,
and practices designed and maintained to establish domination,
subjecting the Palestinian people to apartheid on both sides of the
Green Line."</p>
<p>They also pointed out that the decade-long impunity for widespread
and systematic human rights violations has emboldened "Israel" in its
recurrence and intensification of humanitarian crimes in Palestine,
while simultaneously acknowledging that "the genocidal acts and
omissions" by "Israel" "inevitably form part of a continuum of illegal
acts perpetrated against the Palestinian people since 1948."</p>
<p>The ICJ's limited enforcement capabilities were exemplified when it
ordered Russia to halt its invasion of Ukraine, a directive that went
unheeded. If the court rules against "Israel", it could intensify
political pressure, potentially leading to sanctions.</p></div></div></div>
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