The highest court of the UN called on Israel this Friday to do everything possible to prevent any act of genocide in the Gaza Strip, issuing a long-awaited decision.
Israel must do everything to
“prevent the commission of any acts falling within the scope”
of the Genocide Convention, declared the International Court of Justice (ICJ), which sits in The Hague.
It also orders him to take
“all measures in his power to prevent and punish direct and public incitement to commit genocide”
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The Court also orders Israel to allow humanitarian access to Gaza.
The Jewish state must take
“immediate and effective measures to enable the provision of basic services and humanitarian aid that Palestinians urgently need to address the unfavorable living conditions faced by Palestinians
,” ruled the ICJ.
The International Court of Justice, however, does not rule on the question of whether Israel is actually committing genocide or not.
At that point, it rules on emergency orders before reviewing the case on its merits, a process that can take years.
The suit was brought by South Africa, which claims Israel is violating the 1948 United Nations Genocide Convention, established in the aftermath of World War II and the Holocaust.
For the moment,
“South Africa does not need to prove that Israel is committing genocide
,” Juliette McIntyre, an expert in international law at the University of South Australia, told AFP.
“They simply have to establish that there is a plausible risk of genocide
. ”
“No one will stop us”
“Genocides are never declared in advance
,” Adila Hassim, a South African lawyer, stressed during hearings earlier this month.
“But this Court has the benefit of the last 13 weeks of evidence that indisputably shows a pattern of behavior and intent that supports a plausible allegation of genocidal acts
,” she added.
Ahead of Friday's hearing, Foreign Minister Naledi Pandor said South Africa had
"hope"
and that the important thing was to highlight
"the plight of the innocent in Palestine"
.
“I hope that the International Court of Justice will stand by us and give us justice in the world
,” said Mohammed Rabia, 36, displaced in the Al-Shati refugee camp in the southern city of Rafah. from the Gaza Strip.
The orders of the Court, which decides disputes between countries, are legally binding and final.
However, it has no means of enforcing them.
For example, she ordered Russia to suspend its invasion of Ukraine.
Benjamin Netanyahu has already suggested that he would not feel obliged to follow a court order.
“No one will stop us, neither The Hague, nor the Axis of Evil, nor anyone else,”
he said.
Hamas pledged Thursday to respect a ceasefire if it was demanded by the ICJ, but on condition that Israel also complies with it.