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Today’s decision by the International Court of Justice (ICJ) to order provisional measures in response to South Africa’s genocide case against Israel is an important step that could help protect the Palestinian people in the occupied Gaza Strip from further suffering and harm. irreparable, said Amnesty International. today.
An immediate ceasefire by all parties remains essential and – although not ordered by the Court – is the most effective condition for implementing provisional measures and ending unprecedented civil suffering.
Agnès Callamard, Secretary General of Amnesty International
The ruling issued by the ICJ ordered six provisional measures, including that Israel refrain from acts under the genocide convention, prevent and punish direct and public incitement to genocide, and take immediate and effective measures to ensure the provision of humanitarian assistance to civilians in Gaza. . Crucially, the Court also ordered Israel to preserve evidence of genocide and to submit a report to the Court, within one month, on all measures taken in accordance with its order.
“Today’s decision is an authoritative reminder of the crucial role of international law in preventing genocide and protecting all victims of atrocity crimes. “It sends a clear message that the world will not remain silent as Israel carries out a ruthless military campaign to decimate the population of the Gaza Strip and unleash death, horror and suffering against Palestinians on an unprecedented scale,” said Agnès Callamard, Secretary General. from Amnesty International.
“However, the ICJ decision alone cannot put an end to the atrocities and devastation that Gazans are witnessing. The alarming signs of genocide in Gaza and Israel’s blatant disregard for international law highlight the urgent need to exert effective and unified pressure on Israel to stop its attack on the Palestinians. An immediate ceasefire by all parties remains essential and – although not ordered by the Court – is the most effective condition for implementing provisional measures and ending unprecedented civil suffering.
“The stakes could not be higher: the ICJ’s provisional measures indicate that, in the Court’s view, the survival of Palestinians in Gaza is at risk. The Israeli government must immediately comply with the ICJ ruling. All States – including those that criticized or opposed South Africa’s presentation of the genocide case – have a clear duty to ensure that these measures are implemented. World leaders from the US, UK, Germany and other EU states must express their respect for the Court’s legally binding decision and do everything in their power to fulfill their obligation to prevent genocide. Not doing so would be a serious blow to the credibility and trust in the international legal order.”
States must also take urgent steps to prevent ongoing international crimes, including by imposing a comprehensive arms embargo against Israel and Palestinian armed groups.
The United States, the United Kingdom, Germany and other EU states must express their respect for the Court’s legally binding decision and do everything in their power to fulfill their obligation to prevent genocide.
Agnès Callamard, Secretary General of Amnesty International
Amnesty International has warned of the risk of genocide in Gaza due to the shockingly high death toll among Palestinians, the widespread destruction caused by Israel’s relentless bombing and the deliberate denial of humanitarian aid as part of the ongoing illegal blockade, which are inflicting levels horrendous destruction. suffering of the civilian population of Gaza. Other warning signs include the rise of racist and dehumanizing rhetoric by some Israeli government officials, including Israeli Prime Minister Benjamin Netanyahu, and Israel’s history of oppressing and discriminating against Palestinians under its apartheid system. Faced with a serious risk of genocide, all States have the obligation, under international law, to act to prevent the commission of genocide.
More than 26,000 Palestinians, mostly civilians, have been killed in the relentless Israeli bombardment of Gaza and around 10,000 are believed to be still missing under the rubble. At least 1.8 million Palestinians have been internally displaced and are deprived of access to adequate food, water, shelter, sanitation and medical care.
Amnesty International calls on Israel, Hamas and other Palestinian armed groups to immediately suspend all military operations in Gaza. Israel must lift its illegal and inhumane siege and allow the unhindered and unconditional flow of desperately needed humanitarian aid to Palestinians suffering from a deliberately engineered famine. We urge Hamas and other Palestinian armed groups to release all remaining civilian hostages.
Background
On 29 December 2023, South Africa filed a case against Israel at the ICJ under the Convention on the Prevention and Punishment of the Crime of Genocide over allegations of genocide against the Palestinian people following the attacks of 7 October 2023. by Hamas and others. armed groups, in which almost 1,200 people, mostly civilians, were killed in Israel and some 240 were taken hostage. The hearings on South Africa’s request for provisional measures took place in The Hague on 11 and 12 January 2024.
The 84-page document presented by South Africa accuses Israel of acts and omissions “of a genocidal nature, as they are committed with the specific intent required… to destroy the Palestinians in Gaza as part of the larger Palestinian national, racial and ethnic group.” broad”.
The International Court of Justice is the main judicial body of the United Nations (UN). It does not pursue individual criminal responsibility, but rather the function of the Court is to settle, in accordance with international law, legal controversies submitted to it by States, including those related to the interpretation, application or compliance with the Convention on Genocide and the responsibility of a State. for genocide.
Article 94 of the United Nations Charter establishes that the rulings of the ICJ are binding on the parties to the dispute and that, if they are not implemented, recourse will be had to the Security Council, which can make recommendations or decide what measures should be taken. be adopted. adopted to comply with the sentence.
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