The International Court of Justice on Friday ordered Israel to prevent genocide in the Gaza Strip as it carries out its military operations.
Reading the decision on provisional measures, the court’s president, Judge Joan Donoghue, said, “The State of 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, take all measures within its power to prevent the commission of all acts within the scope of Article Two of the convention.”
Article two of the Genocide Convention defines genocide as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group; Forcibly transferring children of the group to another group.
The court listed in particular, killing members of a group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part and imposing measures intended to prevent births within the group, as acts Israel must prevent.
The court reminded parties to the case that the ruling creates international legal obligations on Israel.
Today’s ruling was not meant to decide whether or not Israel has committed genocide in Gaza but to rule on South Africa’s nine provisional requests including that Israel halts its military operations in Gaza and that Israel should allow unhindered humanitarian access into Gaza.
South Africa on 29 December instituted proceedings at the ICJ against the State of Israel for committing ‘genocidal acts’ in Gaza.
In the 84-page document submitted to the court, South Africa said, “The acts and omissions by Israel … are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnic group, that being part of the Palestinian group in the Gaza Strip.”
Although the court did not adopt South Africa’s nine provisional measures including asking Israel to halt its operations in Gaza, the court asked Israel to “ensure with immediate effect that its military does not commit any acts described in point one above.”
The ICJ also asked Israel to “take all measures within its power” to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
It also ordered Israel to 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.
“The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article Two and Article Three of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip,” the court ordered.
Israel will also submit a report to the court on all measures it is taking to implement the court’s orders within one month from the date of the order.
The court established that it has jurisdiction to preside over the case and that sufficient evidence exists for a genocide case.
It also rejected Israel’s request to suspend the case brought forward by South Africa.
The court noted that Israel’s military operation has resulted in a large number of deaths and injuries as well as massive destruction of homes.
The court noted that Palestine’s rights are protected under the Genocide Convention.
How it started
The ongoing war that has led to this point started on 7 October, 2023 when Hamas attacked Israel killing over 1,000 people and taking over 200 people hostage.
Israel responded by declaring war on Hamas and soon began a military operation and bombardment of the Gaza Strip which according to the Gaza health ministry has killed over 26,000 Palestinians including women and children.
Several attempts at a ceasefire have failed as the UN Security Council failed to agree on resolutions calling for a ceasefire.
READ ALSO: ICJ to rule on South Africas request to stop Israeli attacks on Gaza
Following these failures, South Africa went to the ICJ seeking to stop what it called genocidal acts in Gaza.
The World Court heard arguments from Israel and South Africa on 10 and 11 January where South Africa reiterated its arguments and asked the court to prevail on Israel to quit its bombardment of Gaza.
In its argument, Israel said it was defending itself and blamed Hamas for the woes of Palestinians in Gaza.
Support PREMIUM TIMES’ journalism of integrity and credibility
Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.
For continued free access to the best investigative journalism in the country we ask you to consider making a modest support to this noble endeavour.
By contributing to PREMIUM TIMES, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
Donate
TEXT AD: Call Willie – +2348098788999
