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The Hague: The International Court of Justice urges Israel to take all measures to prevent "genocide" in Gaza

The Hague: The International Court of Justice urges Israel to take all measures to prevent "genocide" in Gaza

By م.زهير الشاعر

Published: January 26, 2024

The International Court of Justice today, Friday, demanded Israel to take all measures to prevent "genocide" in Gaza, affirming that Israel's request to dismiss the lawsuit filed by South Africa cannot be accepted.

During the session dedicated to deciding on provisional measures regarding the genocide lawsuit filed by South Africa against Israel, the International Court of Justice said:

We are deeply concerned about the continued loss of life in Gaza.

We fully recognize the humanitarian tragedy in Gaza and feel deep concern over the loss of life.

We confirm our jurisdiction to decide on South Africa's lawsuit against Israel.

The court cannot accept Israel's request to dismiss the lawsuit in the case filed by South Africa.

We have the authority to rule on urgent measures in the genocide case against Israel.

South Africa has the right to file the lawsuit and Israel's request to dismiss it cannot be accepted.

All state parties are capable of holding other state parties accountable if the latter commit violations.

We have taken into consideration the UN statements that Gaza has become a place of despair and death.

We have taken into consideration the UNRWA statement about the deteriorating humanitarian conditions and the frustration of the population in the Gaza Strip.

We have taken into consideration statements by Israeli officials dehumanizing the people of Gaza.

The Palestinian people are a group protected under the Genocide Convention.

Some rights that South Africa seeks to obtain are logical.

We acknowledge the right of Palestinians in the Gaza Strip to protection from acts of genocide.

There is a risk and irreparable harm.

The conditions are met to impose the provisional measures requested by South Africa.

Israel must take measures to prevent, punish, and stop committing genocide against the Palestinian groups.

Israel must take immediate measures to provide the essential services required in wartime for Palestinians suffering from difficult conditions.

Israel must take measures to prevent destruction of evidence regarding the commission of genocide.

Israel must submit a report to the court on the measures within one month.

The ruling imposes international legal obligations on Israel.

The court imposed the following provisional measures on Israel according to its obligations under the "Genocide" Convention that Israel must:

Take measures to prevent all acts including killing, causing physical harm, conditions affecting life, and material destruction.

Take necessary measures to immediately provide humanitarian services and assistance and improve the harsh conditions experienced by Palestinians in Gaza.

Take immediate measures to ensure prevention of destruction of evidence of allegations of genocide against Palestinians in the Gaza Strip.

Submit a report to the court on all measures taken within one month from the date of the decision.

Punish direct incitement to commit genocide crimes.

It is noted that the ruling does not focus on the main accusation in the case, namely genocide, but on the urgent intervention sought by South Africa.

Among the measures requested by South Africa is the immediate halt of the Israeli military campaign on the Gaza Strip, which was launched in response to the Hamas attack on October 7.

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