The Hague court calls for extraordinary measures in Gaza, but not a ceasefire

This Friday, the United Nations International Court of Justice (ICJ) demanded this from Israel “take immediate and effective action” to allow humanitarian access to the Gaza Strip and to “punish” any incitement to genocide against Palestinian civilians has not called for a ceasefire in the Gaza Strip. In this sense, he called on Israel to “ensure, with immediate effect, that its military does not commit any act prohibited by the Genocide Convention,” according to the Efe agency.

The International Court of Justice (ICJ) No conclusive evidence was found that Israel committed a crime of genocide in Gaza. The court has announced that it will continue to investigate the lawsuit filed by the South African government against the Jewish state, leaving the expected resolution of the case and the final decision on whether there was any involvement in the invasion of Gaza in limbo for now by part of Israel there was “genocidal intent” or, as Tel Aviv claims, it was done in self-defense.

Judge Joan E. Donoghue stated in a public reading of the resolution that the ICJ had jurisdiction over the case and accepted that South Africa could sue Israel for alleged violations of the Genocide Convention and that the litigation could move forward. Donoghue claims this is the case a “human tragedy” in Gaza and said the UN court was “deeply concerned” by the high number of deaths.

In fact, he has detailed some of the figures presented by local authorities, despite the lack of “independent verification” and statements from UN organizations explaining the “devastation” that the Gaza Strip has been suffering for more than a hundred days. . “The situation of children in Gaza is particularly devastating,” he lamented.

Therefore, it calls on Israel to inform the International Court of Justice within a month of the steps it has taken to comply with the binding orders of this Friday. Among other things, take measures to prevent acts of genocide or incitement to commit genocide, allow the entry of humanitarian assistance, preserve evidence of violations of the Genocide Convention and report within one month on the level of compliance with these provisions.

The South African accusation

South Africa had accused Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide (1948), to which both countries are party. In Article II, the text describes genocide as a crime committed “with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”

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The Hague court is responding to South Africa's request for precautionary measures to suspend Israeli military operations in Gaza while it waits for this UN court to rule on the merits of the genocide case.

The meeting began at 1:00 p.m. local time (12:00 GMT) at the Peace Palace to announce the jury's decision on the need for the nine required precautionary measures. The decision was announced shortly before 1:30 p.m.

In its application, South Africa asked the court to specify measures to “protect the rights of the Palestinian people under the Genocide Convention from further, serious and irreparable harm” and “to ensure that…” Compliance with Israel’s obligations not to commit genocide and to prevent and punish genocide.”

The hearings on the reference to precautionary measures took place on January 11 and 12, and both countries had a full day to present their arguments on the issue and defend their position.

The contents of this case deal with Israel's alleged violation of the Convention on the Prevention and Punishment of the Crime of Genocide (1948) through its military operations in Gaza, and as the South African legal team noted, statements from senior Israeli officials show that “patterns of genocidal behavior” in its “State policy,” which is why it called on the International Court of Justice to demand the “immediate suspension” of the war.

He also considered it important that Israel “take all appropriate measures in its power to prevent the genocide” of the Palestinian people; and “ensure” that any organization or person under its control, influence or direction “does not take action to further ongoing military operations.”

The right to defend yourself

However, Israel justified the war with its “inherent right to defend its citizens” from the Islamist group Hamas, and warned that the introduction of precautionary measures will “put an end to attempts to rescue the hostages” and “give space to Hamas.” “To preserve her capabilities, which will allow her to pose “an even greater risk” to the Israelis.

Following the October 7 Hamas attack that killed 1,200 people, the Israeli army launched a military offensive in Gaza, leaving nearly 26,000 Palestinians dead, more than 63,700 injured and 1.9 injured in an area of ​​2.3 million people Millions were displaced.

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