International Court of Justice Orders


International Court of Justice Orders Israel to Submit Report on Measures to Prevent Genocide in Gaza

The Hague, 2024 In a significant judicial order, the International Court of Justice has called upon Israel to provide a detailed account of actions taken to prevent acts that could be construed as genocide in the Gaza Strip. South Africa, as the applicant state, initiated this legal battle, citing urgent humanitarian concerns and alleged violations of the Genocide Convention by Israel.

Key Rulings and Votes

The Court’s order passed with a decisive majority, with fifteen votes in favor and only two against. Among those who voted in favor were President Donoghue, Vice President Gevorgian, and judges from various international backgrounds, illustrating the global consensus on the issue.

Israel’s Defense and Humanitarian Efforts

Israel denies allegations of causing irreparable prejudice, asserting measures taken to safeguard Palestinian civilians’ rights to exist. Israel highlights its humanitarian assistance, which includes the reopening of bakeries with World Food Program aid, providing water through pipelines, facilitating medical services and supplies, and increasing access to healthcare through field hospitals and other medical infrastructure.

South Africa’s and ICJ’s Stance

However, the Court notes South Africa’s concern that without immediate action, evidence for future proceedings could be lost. The ICJ emphasizes the Genocide Convention’s humanitarian intent to protect human groups and confirms the plausibility of rights claimed by South Africa. Given the reported catastrophic situation in Gaza with rampant loss of life, infrastructure destruction, and displacement, the Court sees an urgent risk of further deterioration, despite Israel’s steps towards mitigation.

United Nations Reports

Supporting documentation from senior UN officials underscores the dire conditions, including the potential collapse of Gaza’s healthcare system, the imminent threat of epidemics, and mass displacement. The gravity of such reports has contributed to the Court’s decision to intervene with provisional measures.

Court’s Mandate and Provisional Measures

The ICJ mandates Israel to take all possible measures within its power to prevent acts like killing, causing serious harm to the Palestinians, or deliberately inflicting harsh living conditions. The instructions aim to prevent irreparable damage.

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