ICJ orders Israel to prevent genocide in Gaza
The International Court of Justice (ICJ) has delivered its ruling on the emergency measures requested by South Africa in its genocide case against Israel over its war on the Gaza Strip.
ICJ has ordered Israel to take steps to prevent acts of genocide in Gaza but stopped short of ordering a ceasefire.
SUMMARY OF THE ICJ RULING
Court rules:
1. South Africa has standing to bring the application.
2. There is a legal dispute.
3. Some of the actions SA says has occurred could be Genocide.
4. The Palestinians are a discernable group and are therefore a protected group under the Genocide Act.
5. Large numbers of deaths, destruction of homes and civilian infrastructure and huge displacement are evident.
6. The court notes that UN agencies declare unprecented conditions in Gaza. There is deep trauma and unsafe conditions. They live through the unlivable. The effect on children is especially concerning.
7. Inhumanising language from Israel is repeated. Various ministers made statements dehumanising Palestinians. The court cited various examples showing that the Israeli action is aimes at Palestine and not only Hamas.
8. Court concludes at least some of the rights identified to defend Palestinians are plausible.
9. The court concludes that at least sone of the rights requested by South Africa are rational.
10. The court considers urgency and concludes that there is possibility of irreparable harm to the Palestinians should it not order provisional measures at this stage. The healthcare system and breakdown of public order and epidemic is identified with irreversible conditions is declared by the UN.
11. The court notes Israel says the war will continue for several months. Meanwhile Gazans do not have basic conditions for life. Therefore the catastrophic conditions will further deteriorate before the court makes a final order.
12. Israel claims its war is being downgraded. The court finds this is insufficient to ensure Palestinian rights.
13. The court can impose its own provisional measures which need not be identical to those requested.
*14. Provisional measures are appropriate and are ordered as follows:*
A. Israel must take all acts to prevent all conditions in Article 2 of the Genocide Act, that is to not commit any acts of Genocide.
B. Israel must ensure none of the aforementioned acts occur.
C. Israel must ensure sufficient aid is available.
D. Israel must take urgent measures to ensure conditions of life.
E. Israel must give a report as to what it has done is submitted in one month to the court and South Africa would then be allowed to engage the court as to its contents.
F. The court calls for the release of all hostages.
Court decision 15 to 2. SA has won at ICJ on all key prayers. 15 Judges to 2 Judges against.
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