NEWSBREAK: NO CEASFIRE IN GAZA
World Court tells Israel to ‘take all measures’ to prevent genocide in Gaza; stops short of ordering ceasefire
By JEREMY SHARON
President of the International Court of Justice Judge Joan E Donoghue delivers a ruling on South Africa’s request for emergency measures against Israel as part of its accusations of state-led “genocide” in Gaza, January 26, 2024.
President of the International Court of Justice Judge Joan E Donoghue delivers a ruling on South Africa’s request for emergency measures against Israel as part of its accusations of state-led “genocide” in Gaza, January 26, 2024. (Youtube screenshot)
The International Court of Justice issues a series of provisional measures against Israel on the basis that the rights of the Palestinians not to be subject to genocide must be protected before the court can make a final ruling on the merits of the case.
The court says that Israel must “take all measures in its power” to prevent the commission of genocidal acts against the Palestinians as laid out in Article 2 of the Genocide Convention, take steps to prevent and punish incitement to genocide against the Palestinians, and take measures to provide “urgently needed assistance to address the adverse conditions of life in Gaza.”
Critically, however, the court does not grant South Africa’s demand for an immediate unilateral ceasefire in its military operation against Hamas in Gaza.
ICJ president says conditions to issue provisional measures against Israel have been met
President of the International Court of Justice Judge Joan Donoghue cites several inflammatory comments made by Defense Minister Yoav Gallant, then-Energy Minister Yisrael Katz and President Isaac Herzog, which could be interpreted as seeking to kill civilians in Gaza.
“The aforementioned facts and circumstances are sufficient to conclude that at least some rights of the Palestinians to be protected from acts of genocide and related prohibited acts in Article 3 of the Genocide Convention, and the rights of South Africa to seek protection of these rights,” states Donoghue.
These comments appear to indicate that the ICJ accepts that there is plausibility to South Africa’s claims that the Palestinians need to be protected from genocide by Israel under the terms of the Genocide Convention.
Donoghue states therefore that the “conditions required by its statue to indicate [provisional measures] have been met.”
ICJ president says court will not throw out genocide case as Israel requested
President of the International Court of Justice Judge Joan E Donoghue delivers a ruling on South Africa’s request for emergency measures against Israel as part of its accusations of state-led “genocide” in Gaza, January 26, 2024.
President of the International Court of Justice Judge Joan E. Donoghue begins reading the court order relating to South Africa’s application for the court to issue provisional measures against Israel on allegations that it is committing genocide against the Palestinians in Gaza.
Donoghue says: “In the court’s view, at least some of the acts and omissions committed by Israel in Gaza appear to be capable of falling within the provisions of the genocide convention. In light of the following, the court concludes it has prima facie jurisdiction to entertain the case on the basis of Article 9 of the Genocide Convention.”
She adds: “The court cannot accede to Israel’s request that it not entertain the application.”
SOURCE Times of Israel
