ICJ Declines To Order To End Fighting in Gaza



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    ICJ Declines To Order To End Fighting in Gaza

    Greger Ravik/Flickr

    The International Court of Justice (ICJ) on Friday afternoon began a hearing during which it would announce its decision on the case in which South Africa accused Israel of committing genocide in Gaza. For this reason, the court claims, it has refused to dismiss the case • Full Story

    Via IsraelNationalNews

    The International Court of Justice (ICJ) on Friday afternoon began a hearing during which it would announce its decision on the case in which South Africa accused Israel of committing genocide in Gaza.

    At the start of the hearing, the court said, “At least some of South Africa’s complaints appear to be capable of falling within the Genocide Convention.”

    For this reason, the court claims, it has refused to dismiss the case.

    The reading of the verdict began by establishing the background of the case, as well as procedural matters such as the standing of both countries before the court, the court’s jurisdiction over the case, the definition of genocide, and the responsibilities of the countries under the Genocide Convention.

    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 also noted during its verdict on the case against Israel that it was “extremely concerned about the status of the Israeli hostages and calls for their immediate release.”

    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.

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    ICJ Declines To Order To End Fighting in Gaza



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