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The United Nations International Court of Justice (ICJ) this Friday avoided asking Israel to stop its military operation in the Gaza Strip, which has claimed the lives of more than 26,000 people, more than 1% of the population.
Instead, the judges have asked the Jewish State to take all necessary measures to prevent genocidal acts from being committed against the Palestinian population in the enclave, which must be protected by the Convention on the Prevention and Punishment of Genocide (1948).
He has also ordered Israel to allow humanitarian aid into the Strip.
Israel, on the other hand, must inform the ICJ within a month that it is complying with these measures and preserve evidence of the crimes.
The order is binding, although the court has no power to enforce it.
Meanwhile, the UN Human Rights Office for the occupied Palestinian territories has warned that the cold and rainy weather is making Gaza “completely uninhabitable.”
“The majority of the population has no more clothes or blankets,” said Ajith Sunghay, head of this United Nations agency.
The International Court of Justice dictates measures against Israel, live
Joan Donoghue, president of the UN International Court of Justice, this Friday during the session in The Hague. Photo: AP
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Isabel FerrerThe Hague
The UN Court avoids requesting a ceasefire in Gaza but demands that Israel take measures to prevent genocide
The United Nations International Court of Justice (ICJ) this Friday ordered Israel to take all necessary measures to prevent acts of genocide from being committed against the Palestinian population in Gaza, which must be protected by the Convention on the Prevention and Punishment. of the Genocide (1948).
Israel has also been ordered to ensure that its troops do not commit similar acts;
that measures be taken to prevent and punish incitement to genocide;
and allow humanitarian aid to enter the Strip.
Israel, on the other hand, must inform the ICJ that it complies with these measures and preserve evidence of the crimes.
However, it has not asked the Jewish state to stop its military offensive in the enclave.
The order derives from the lawsuit presented at the end of December by South Africa to the ICJ, arguing that Israel supposedly has “genocidal intent” against the Palestinian population.
He also stressed that what happened in the Strip "exceeds legitimate defense."
In reading the decision, Joan Donoghue, president of the court, stated that they are “aware of the human tragedy that is taking place in the area.”
She has also described the humanitarian situation in Gaza as “catastrophic,” and that there is “urgency due to the risk that the situation will worsen.”
The TIJ's decision has been one of the most complicated faced by this court and has been surrounded by political tension.
The orders of these judges are binding and, although they lack the capacity to force compliance, they do exert pressure on the States involved and their allies.
There is, in any case, an executive mechanism to see if they are complied with by requesting regular reports from Israel.
Article 41 of the ICJ Statute in turn indicates that it must inform the UN Security Council about the decision adopted.
The Council can remind Israel to comply with what the judges have ordered, or take its own measures.
It is not obliged to do the latter and, if it does so, it relies on the Charter of the United Nations.
The court has been made up of 17 judges: the 15 ordinary ones plus two other
ad hoc
ones, appointed by the parties in dispute, who did not have one of their nationality.
On the Israeli side, Aharon Barak, former president of the Supreme Court of his country, has intervened.
Dikgang Moseneke, who was vice president of the Supreme Court, intervened on the South African side.
If South Africa moves forward from now on, the merits of the case will be evaluated and Israel may file preliminary objections to the court's jurisdiction.
Overall, a ruling on whether there has been genocide in Gaza could take several years.
ACT.26 JAN 2024 - 13:59
The country
The UN Court announces that it will continue studying the accusation against Israel for “genocidal intent” in Gaza
The United Nations International Court of Justice (ICJ), based in The Hague, began at 1:00 p.m. this Friday the session in which it will announce whether or not it will issue precautionary measures against Israel's offensive following South Africa's demand.
At the moment, he has not yet announced whether he will take them or not, but he has already said that he will continue investigating the substance of the lawsuit filed by the lawyers of the African country against the Jewish State for "genocidal intent" in Gaza.
The decision to take precautionary measures is one of the most complicated that this court has faced and is surrounded by political tension.
The request to stop the bombings heads the complaint presented at the end of December by South Africa to the ICJ, arguing that Israel supposedly has “genocidal intent” against the Palestinians.
The orders of this high court are binding and, although they lack the capacity to force compliance, they do put pressure on the States involved and their allies.
South Africa accuses Israel of having violated the Convention on the Prevention and Punishment of Genocide (1948), of which both countries are members.
In its article II, the text describes genocide as a crime perpetrated “with the intention of totally or partially destroying a national, ethnic, racial or religious group.”
ACT.26 JAN 2024 - 13:30
The country
The session begins at the UN Court in which it will announce whether it will issue precautionary measures against Israel's military offensive in Gaza
The United Nations International Court of Justice (ICJ), based in The Hague, began at 1:00 p.m. this Friday the session in which it will announce whether or not it will issue precautionary measures against Israel's offensive following South Africa's demand.
The decision is one of the most complicated that this court has faced and is surrounded by political tension.
The request to stop the bombings heads the complaint presented at the end of December by South Africa to the ICJ, arguing that Israel supposedly has “genocidal intent” against the Palestinians.
The orders of this high court are binding and, although they lack the capacity to force compliance, they do put pressure on the States involved and their allies.
In this phase of the procedure, the TIJ only has to evaluate whether it is feasible that a genocide is being committed in the Strip.
Israel categorically rejects the accusation, but the Government of Prime Minister Benjamin Netanyahu convened a crisis cabinet on Thursday in the face of the possibility that the highest judicial body of the UN would order an end to the military attack.
South Africa asks the magistrates in the lawsuit for nine precautionary measures after ensuring that Israel has violated the Convention on the Prevention and Punishment of Genocide (1948), of which both countries are members.
In its article II, it describes genocide as a crime perpetrated “with the intention of totally or partially destroying a national, ethnic, racial or religious group.”
The Convention does not prohibit the use of force in general, but focuses on a specific type of conduct that leads to the greatest crimes recognized in international justice.
The military offensive of the Hebrew State began on October 7 after a Hamas attack against Israel that left more than 1,100 dead and around 250 hostages.
Since then, the Israeli army has maintained a powerful offensive by air, land and sea on the Strip that has left at least 26,083 dead and 64,487 injured, most of them children and women.
In percentage terms, more than 1% of Gaza's population has lost their lives.
Israel's military offensive has also devastated most homes and infrastructure and forced the displacement of two million civilians.
ACT.26 JAN 2024 - 13:05
Joost Bastmeijer
apartheid
“What Gazans are experiencing now surpasses apartheid”
Joost Bastmeijer
“Your parents fought and now you do the opposite!
This was exactly what happened during apartheid,” shouts a young woman wearing a Palestinian flag knotted on her head towards the barrier of police officers who are blocking her path.
In a field on Cape Town's Sea Point promenade, thousands of protesters wearing kufiyas and Palestinian flags face hundreds of police equipped with large plexiglass shields and bulletproof vests.
Read the full article here.
ACT.26 JAN 2024 - 12:48
Isabel Ferrer
War between Israel and Gaza
The keys to why South Africa takes the Gaza war to the UN Court
Isabel Ferrer
South Africa has asked the United Nations International Court of Justice (ICJ) to open proceedings against Israel for allegedly violating the Convention on the Prevention and Punishment of the Crime of Genocide (1948), and asks judges to issue precautionary measures so that military operations in Gaza are immediately suspended.
Both countries are member states of the Convention, and South Africa hopes to demonstrate that Israel has taken actions to destroy the Palestinian population that go beyond self-defense.
Read the full article here.
ACT.26 JAN 2024 - 12:48