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ICJ directs Israel to prevent genocidal acts in Palestine orders release of hostages
The ICJ's directive demands Israel's compliance with measures to prevent further harm
The International Court of justice indicates provisional measures / X- @CIJ_ICJ
The International Court of Justice (ICJ) also known as the World Court has delivered its ruling on the emergency measures requested by South Africa in its genocide case against Israel over the latter’s military offensive in the Gaza Strip.
Court’s Ruling
The ICJ issued an order directing Israel to cease actions potentially constituting genocide, to ensure humanitarian aid access, to prevent forced displacement, and to preserve evidence. The order also mandates reporting on compliance regularly and calls for Israel to avoid actions escalating the dispute before the Court.
Majority of the provisional measures were supported by 15 out of the 17 judge panel. Uganda’s Judge Julia Sebutinde was the only one to vote against all six measures while Israel’s ad hoc judge, Aharon Barak, voted against four.
On December 29, 2023, South Africa took legal action by submitting an application to initiate proceedings against Israel. The legal action focused on Israels alleged violations of its commitments under the Convention on the Prevention and Punishment of the Crime of Genocide (referred to as the "Genocide Convention") concerning the Palestinian population in the Gaza Strip.
As part of its application South Africa sought the court’s intervention in the form of provisional measures. The purpose of these measures is to safeguard against any further, significant, and irreparable infringement on the rights of the Palestinian people under the Genocide Convention.
Israel’s reaction
In response to the International Court of Justice’s judgment, Prime Minister Benjamin Netanyahu emphasized Israel’s unwavering commitment to international law. Calling the genocide accusations “outrageous” he stated that their primary focus is on combating Hamas, not targeting Palestinian civilians.
Prime Minister Benjamin Netanyahu's comments on the decision of the International Court of Justice in The Hague:
— Prime Minister of Israel (@IsraeliPM) January 26, 2024
"Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people. pic.twitter.com/Zz0V76Otg6
Netanyahu affirmed the dedication to facilitating humanitarian assistance and minimizing harm to civilians while accusing Hamas of using them as human shields. He concluded by asserting Israel's determination to do whatever is necessary to defend the country and its people.
Human Rights Body Reacts
Amnesty International, a global non-governmental organization dedicated to human rights, welcomed the recent decision of the International Court of Justice to impose provisional measures.
Israel must comply with key ICJ ruling ordering it do all in its power to prevent genocide against Palestinians in Gaza. https://t.co/dn44oVL8Y1
— Amnesty International (@amnesty) January 26, 2024
In a statement on X, the organization emphasized that Israel is obligated to adhere to a crucial ICJ directive, compelling it to take every possible measure to prevent genocide against the Palestinian population in Gaza.
The path ahead
The International Court of Justice has issued provisional measures aimed at preventing any additional, substantial, and irreversible violations of the rights of the Palestinian people under the Genocide Convention, without explicitly addressing a ceasefire.
Israel has been directed by the court to submit a report on the steps it takes to comply with the orders within one month of the ruling. However, it is to be noted that while its judgments are binding and carry significant weight in the international community, the court's effectiveness is contingent on state compliance, as it lacks enforcement mechanisms.
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