2024-01-26 19:33:07
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- An immediate ceasefire by all parties remains essential and, although not ordered by the Court, represents the most effective condition for implementing provisional measures and ending unprecedented civil suffering.
World leaders from the United States, the United Kingdom, Germany and other EU states must express their respect for the ICJ’s legally binding decision and do everything in their power to fulfill their obligation to prevent genocide.
The decision to order provisional measures, taken today by the International Court of Justice (ICJ) in response to South Africa’s complaint of genocide against Israel, constitutes an important step forward that could help protect the Palestinian population in the Gaza Strip. occupied with greater suffering and irreparable damageAmnesty International said today.
In its ruling, the ICJ has ordered six provisional measures, among which it asks Israel: to refrain from committing acts provided for in the Genocide Convention, to prevent and punish direct and public incitement to genocide and to take immediate measures to ensure the arrival of humanitarian assistance to the civilian population of Gaza. A decisive aspect is that the Court has also ordered Israel to preserve evidence of genocide and to submit, within a month, a report on all measures taken in accordance with its order.
“Today’s decision is an authoritative reminder of the essential role that international law plays in preventing genocide and protecting all victims of atrocities. It clearly conveys the message that the world will not remain silent as Israel carries out a ruthless military campaign to decimate the population of the Gaza Strip and wreak death, horror and suffering on the Palestinian people on an unprecedented scale.”said Agnès Callamard, Secretary General of Amnesty International.
“However, the ICJ decision alone cannot put an end to the atrocities and devastation that the Gazan population is suffering. The alarming signs of genocide in Gaza and Israel’s flagrant disregard for international law highlight the urgent need to put effective and unified pressure on Israel to stop its onslaught against the Palestinian people. An immediate ceasefire by all parties remains essential and, although not ordered by the Court, represents the most effective condition for implementing provisional measures and ending unprecedented civil suffering.
“The stakes could not be higher: the ICJ’s provisional measures indicate that, in its view, the survival of the Palestinian population of Gaza is in danger. The Israeli government must comply with the ICJ ruling immediately. All States, even those that have expressed criticism or opposition to the filing of South Africa’s genocide claim, have an inescapable duty to ensure that these measures are implemented. World leaders from the United States, the United Kingdom, Germany and other EU states must express their respect for the ICJ’s legally binding decision and do everything in their power to fulfill their obligation to prevent genocide. Failure to do so would be a serious blow to credibility and trust in the international legal order.”.
States must also take urgent measures to prevent further international crimes, including imposing a complete arms embargo on Israel and Palestinian armed groups.
Amnesty International has warned of the risk of genocide in Gaza given the incredibly high death toll among the Palestinian population, the immense destruction caused by relentless Israeli bombing and the deliberate denial of humanitarian aid under the illegally imposed blockade, all of which is inflicting appalling suffering on the civilian population. Other warning signs include the rise of racist and dehumanizing rhetoric from some Israeli government officials, including Prime Minister Benjamin Netanyahu, and Israel’s history of oppression and discrimination against the Palestinian people through its apartheid system. Faced with a serious risk of genocide, all States have the obligation under international law to act to prevent it from being committed.
More than 26,000 Palestinians, mostly civilians, have been killed in relentless Israeli bombing, and around 10,000 are still believed to be missing under the rubble. At least 1.8 million Palestinians have been internally displaced and are deprived of access to adequate food, water, shelter, sanitation and medical care.
Amnesty International calls on Israel and Hamas and other armed groups to immediately suspend all military operations in Gaza. Israel must lift its illegal and inhumane siege and allow the unrestricted and unconditional entry of humanitarian assistance so desperately needed by the Palestinian population, whose suffering is aggravated by a deliberately caused famine. We urge Hamas and other armed groups to release all remaining civilian hostages.
On 29 December 2023, South Africa filed a complaint against Israel before the ICJ, under the Convention on the Prevention and Punishment of the Crime of Genocide, for allegations of genocide of the Palestinian people following attacks by Hamas. and other armed groups in Israel on October 7, 2023, in which almost 1,200 people, mostly civilians, were killed and about 240 were taken hostage. Hearings on South Africa’s request for provisional measures were held in The Hague on 11 and 12 January 2024.
In the 84 pages of the South African complaint, Israel is accused of acts and omissions of a genocidal nature, as they are committed with the essential specific intention of destroying the Palestinian population of Gaza as an integral part of the national, racial and ethnic group of Palestine. .
The International Court of Justice is the main judicial body of the United Nations. It does not deal with individual criminal responsibility, but its function is to settle, in accordance with international law, legal controversies submitted to it by States, including those related to the interpretation, application and compliance of the Convention on the Prevention and Punishment of the Crime of Genocide.
Article 94 of the Charter of the United Nations (UN) provides that the rulings of the ICJ are binding on the parties to the dispute and that, if they are not complied with, recourse will be made to the UN Security Council, which may make recommendations or decide what measures to take to comply with the sentence.
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