Johnathan Paoli
THE International Court of Justice has ruled in favour of South Africa’s request for provisional measures against Israel over the Gaza war.
ICJ President Joan Donoghue said in the Hague on Friday that after analysing the facts, the court found that it had prima facie jurisdiction in line with Article 9 of the Genocide Convention, and that while it was not disputed, the court found that SA had both standing and the right to apply against Israel.
The court made its ruling by 15 votes to 2 that Israel take all measures in its power to prevent the killing of Palestinians, causing bodily or mental harm and deliberately inflicting harm to life.
In a vote of 16 to 1, the court ordered the state of Israel to take effective and immediate measures to punish all those involved directly or indirectly through incitement in the genocide, to cease the destruction of infrastructure and to take all measures in protecting and preventing the destruction of evidence relating to the genocide.
Judge Julia Sebutinde from Uganda and ad hoc Israeli Judge Aharon Barak were the dissenting voices in the ruling.
While the court did not directly order a ceasefire, it has ordered Israel not to commit genocide in its military operation and to allow humanitarian aid.
“The ICJ has ordered Israel to take measures to prevent and punish direct incitement of genocide in the Gaza Strip,” Donoghue said.
The judge said that Israel was ordered to report to the court within a month on the status of it upholding the order and that this ruling had created international legal obligations for the settler state.
Donoghue said that the court took into consideration statements by Israeli officials regarding the removal of human status from Palestinians.
The court confirmed that in relation to article 1 to 3 of the GC, Palestinians were protected under the convention and that ample evidence indicated acts which could be considered genocidal, namely over 25 700 dead, 63 000 wounded, 360 000 houses destroyed and 1.7 million people internally displaced.
In addition, the court confirmed that provisional measures could be issued without making a ruling on genocide and that there was a condition of urgency and was therefore necessary for the court to establish these measures.
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