The International Court of Justice (ICJ) in The Hague, Switzerland has ruled and ordered the state of Israel to take measures that would ensure that the Convention on the Prevention and Punishment of the Crime of Genocide is not breached in its war with Palestine in Gaza.
The court, in a majority decision of 15 votes to 2 held that Israel shall within one month, furnish it with measures taken to ensure that there is no breach of the Convention on Genocide in the prosecution of the war. This decision came short of the demand of South Africa before the ICJ that it should hold that Israel has committed acts of genocide in the course of the war.
The decision of the court published on its official website www.icj-icj.org immediately after it was delivered stated that “South Africa filed an application instituting proceedings against Israel alleging violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip. In its Application, South Africa also requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”
It also held that “The Court considers that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy in whole or in part a
group as such (see paragraph 44 above). The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts.”
Further in its decision, ICJ held that “The Court is also of the view that Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
The Court further considers that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.
Israel must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Genocide Convention against members of the Palestinian group in the Gaza Strip.”
On the request of Sputh Africa that Isreal submits documents on measures to ensure compliance with the Convention, ICJ was positively inclined to the prayers and ordered that “In view of the specific provisional measures it has decided to indicate, the Court considers that Israel must submit a report to the Court on all measures taken to give effect to this Order within one month, as from the date of this Order. The report so provided shall then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon.”
