2024-01-26 14:09:23
This Friday, the International Court of Justice ordered Israel to take all necessary measures to prevent any act of genocide in the context of the war against Hamas in the Gaza Strip. The court also called for humanitarian access to Gaza.
Published on: 01/26/2024 – 15:09
2 min
Israel must do everything to “avoid the practice of any acts that fall within the scope” of the Genocide Convention e to take “immediate and effective measures to enable the provision of urgent basic services and humanitarian assistance to Palestinians” in the Gaza Strip. The order was given by the International Court of Justice, following a complaint filed by South Africa that accused Israel of committing genocide in the Gaza Strip. The territory has been under constant bombardment by Israeli forces since October, following the Hamas attack on Israel.
The International Court of Justice based in The Hague, Netherlands, is the highest court of the United Nations. This institution also recognized that “some allegations” against Israel fall under the violation of the provisions of the Genocide Convention, with Judge Joan Donoghue announcing that the court she presides over has jurisdiction to evaluate the genocide complaint against Israel, presented by South Africa.
“The court is acutely aware of the scale of the human tragedy unfolding in the region and is deeply concerned about the continued loss of life and human suffering“, said the president of the ICJ, Joan Donoghue, at the beginning of the reading of the preliminary decision taken by a panel of 17 judges.
The judge highlighted “the right of Palestinians to be protected from acts of genocide” and therefore ordered that Israel “prevent and take measures” against these types of acts.
In reaction, Israeli Prime Minister Benjamin Netanyahu considered “scandalous” the accusations of “genocide” in Gaza presented by South Africa and spoke of “despicable attempt to deny Israel” o “fundamental right” to defend yourself.
On December 29, South Africa made an urgent request to the International Court of Justice to order Israel to suspend “immediate military operations” in the Gaza Strip and denouncing the “ongoing, extreme and irreparable damage suffered by Palestinians in Gaza”. In the 84-page request, South Africa recognizes the “special weight of responsibility” of the accusation of genocide against Israel and “unequivocally” condemns the October 7 Hamas attack. The South African executive has historically been a strong supporter of the Palestinian cause and the African National Congress has often associated the Palestinian cause with its own fight against the segregationist Apartheid regime.
Even though the decisions of the International Court of Justice are final and legally binding, the court does not have the power to enforce them. For example, in March 2022, the institution ordered Russia to immediately suspend the invasion of Ukraine, but Moscow completely ignored the order.
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