The International Court of Justice ruled on Friday that at least some of Israel’s actions in Gaza during the ongoing war against Hamas could fall within the terms of the Genocide Convention, but refused to order Israel to end the war.
By IsraelNationalNews and Anash.org
The International Court of Justice ruled on Friday that at least some of Israel’s actions in the Gaza Strip during the ongoing war against Hamas could fall within the terms of the Genocide Convention and said it must therefore take a series of preventative measures. For this reason, the court claims, it has refused to dismiss the case.
The court cited several reports on the humanitarian situation in Gaza, noting tens of thousands dead, 1.7 million estimated displaced, the destruction of thousands of housing units, and how the Gazan refugees “lack everything, including food, housing, and privacy.”
The ICJ noted during its verdict on the case against Israel that tit was ‘extremely concerned about the status of the Israeli hostages and calls for their immediate release.’ Despite the various provisional measures ordered against Israel, the ICJ has not yet issued an order to halt the war in Gaza.
The judges noted statements by Israeli officials, including President Isaac Herzog, Defense Minister Yoav Gallant, and Energy Minister Israel Katz, stating that the comments violated “at least some of the rights eligible for protection from genocide and related prohibited acts.”
In its verdict on the case, the ICJ noted that regardless of the verdict, the court cannot at this stage establish any definitive findings of fact and that both parties are still able to present arguments at a later stage.
The court also claimed that the situation in Gaza constitutes an urgent threat to the population of Gaza, including the lack of food, medical care, and heating in the wintertime, and that the situation would likely deteriorate further even before the final verdict is issued. It therefore deemed the situation “an urgent cause.”
The court likewise noted Israel’s attempts at “certain humanitarian measures, and that calls for intentional harm to civilians were a criminal offense and being investigated by Israeli law enforcement.”
In the final verdict, the ICJ declared that Israel must, under the Genocide Convention, take all measures in its power to prevent the commission of forbidden acts, including causing death, causing injury, imposing dangerous conditions of life, and preventing births. It also specified that Israel is required to prevent its military in particular from any of these acts, and punish any calls for genocide or related forbidden acts.
Israel must take immediate and effective measures to allow basic services to address the standard of life for “Palestinians” in the Gaza Strip, and prevent the destruction of evidence of forbidden acts in the Gaza Strip.
In addition, Israel must within a month submit a report on all provisional measures ordered, stating what actions have been taken to comply with the provisional measures, and that the report will be communicated to South Africa.
As part of the ICJ provisional measures in the genocide case against Israel, the court has ordered that Israel also take immediate and effective action to prevent and punish direct and indirect calls to genocide and related prohibited acts.
South Africa declared the case ‘a resounding victory for international law and an important milestone in the search for a solution for the Palestinian people’ and called for Israel not to undermine the decision.
“We continue to believe that allegations of genocide are unfounded and note the court did not make a finding about genocide or call for a ceasefire in its ruling and that it called for the unconditional, immediate release of all hostages being held by Hamas,” a US State Department spokesperson said.
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