International Court of Justice “Israel must avoid genocide in Gaza”
ROME (ITALPRESS/MNA) – The International Court of Justice, also known as the International Tribunal in The Hague (ICJ), has issued a series of provisional measures against Israel on the basis that the rights of Palestinians should not to be subjected to genocide and must be protected before the court can make a final decision on the merits of the case.
The Court stated that Israel must “take all measures within its power” to prevent the commission of acts of genocide against Palestinians, as provided for in Article 2 of the Genocide Convention, take measures to prevent and punish incitement to genocide against the Palestinians and take measures to provide “urgently needed assistance to address the adverse living conditions in Gaza”.
The Court, however, does not accept South Africàs request for an immediate unilateral ceasefire in the military operation against Hamas in Gaza.
The President of the International Court of Justice, Judge Joan Donoghue, cited several comments made by the Israeli Defense Minister, Yoav Gallant, the then Energy Minister, Yisrael Katz, and President Isaac Herzog, which could be interpreted as a attempt to kill civilians in Gaza.
“The above-mentioned facts and circumstances are sufficient to conclude that at least some rights of Palestinians have to be protected from acts of genocide and related acts prohibited by Article 3 of the Genocide Convention, and the right of South Africa to seek protection of these rights , Donoghue said.
These statements appear to indicate that the Court accepts South Africàs claim that the Palestinians must be protected from genocide by Israel under the terms of the Genocide Convention and that it is plausible. Donoghue then stated that “the conditions required by its statute to indicate provisional measures have been met”.
According to the court, some of the activities of the Israel Defense Forces (IDF) carried out in the Gaza Strip allow the tribunal in The Hague “to examine the case on the basis of Article 9 of the Genocide Convention”.
After expressing concern about civilian casualties, Donohogue said that “93 percent of the population in the Gaza Strip risks starvation and hundreds of thousands of children lack access to education.”
Israeli Prime Minister Benjamin Netanyahu responded by saying that Israel is fighting a “just war like no other” and that Israel’s commitment to international law is “unwavering.” He added, in a televised address, that the International Court of Justicès willingness to discuss genocide charges against Israel is “a disgrace that will not be erased, generation after generation.” He also said Israel “will continue to facilitate humanitarian aid and will do its best to keep civilians out of harm’s way.” He stressed that Israel will continue the war until “complete victory” and the return of all detainees, so that Gaza does not become a source of threat to Israel in the future. He concluded by stating that Israel has the right to defend itself and that the International Court has deprived it of that.
The Palestinian group Hamas congratulated the Court of Justice in The Hague following the adoption of a series of temporary measures against Israel over its role in the Gaza conflict. The decision of the International Court of Justice is “an important development that contributes to isolating Israel and denouncing its crimes in Gaza.” This was said by Sami Abu Zuhri, a senior Hamas official, quoted by the Arab media. “We ask to force the occupation to implement the court’s decisions,” he added.
Palestinian National Authority (PA) Foreign Minister Riyad al-Maliki welcomed the temporary measures ordered by the International Court of Justice, saying the court’s judges ruled in favor of humanity and international law . Al-Maliki called on all countries, including Israel, to ensure the implementation of all provisional measures ordered by the court, stressing that this is a binding legal commitment.
– Photo: Agenzia Fotogramma –