Because of the risk of genocide, “The State of Israel must immediately stop its military offensive in Rafah and any other action that could inflict on the Palestinian group in Gaza living conditions that cause its total or partial physical destruction.”
That’s the lapidary order issued this Friday by the International Court of Justice (ICJ), the highest court of the United Nations, whose decisions are binding and mandatory.
So, International pressure on Israel for a ceasefire in the Palestinian Strip increases exponentially If you count the recent arrest request issued by the Prosecutor’s Office of the International Criminal Court (ICC) against Prime Minister Benjamin Netanyahu and his Minister of Defense for possible responsibility for war crimes and crimes against humanity, and the announcement by Spain, Norway and Ireland that on May 28 they will recognize Palestine as a State.
Bombings in Rafah, southern Gaza Strip.
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But the high court does not have the physical means to enforce its decisions and, consequently, the Israeli Government intensified its offensive on the Palestinian enclave and rejected the request: “Our army has not and will not carry out military operations in the Rafah area that generate living conditions that could cause the destruction of the population. Palestinian civilian, in whole or in part.”
(You may be interested: Israel replicates the ruling of the ICJ: ‘the offensive in Rafah does not involve the destruction of the Palestinian civilian population’)
On that same note, The authorities called the accusations from South Africa – a country that sued Israel at the end of January – “false, repugnant and outrageous.” before the court in The Hague – that they are committing genocide. Israel insists that it is using its “right to defend its territory and citizens” following the Hamas attacks on October 7, respecting international humanitarian law.
“Israeli occupation planes launched a violent bombardment against several areas of the city of Rafah. The bombing targeted the streets and homes of citizens in the center of the Shaboura camp in Rafah, causing casualties among citizens,” the Palestinian news agency Wafa reported.
Hearing at the International Court of Justice (ICJ).
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The Palestinian leader, Mahmoud Abbas, pointed out that this “important decision” by the Hague court demonstrates that Israel “is being isolated” from the international sphere, except for “the allies that provide it with support and impunity.”
Already in January, also after a complaint from South Africa, this court ordered Israel to do everything in its power to prevent acts of genocide and allow the entry of humanitarian aid, but without demanding a ceasefire as Pretoria demanded.
Our army has not and will not carry out military operations in the Rafah area that create living conditions that could cause the destruction of the Palestinian civilian population.
In his ruling, The ICJ also orders Israel to guarantee access for expert missions to investigate allegations of genocide.
The ICJ expressed that “the fundamental values” and “rights” of the Palestinians that the Convention “seeks to protect” are of “such a nature that harm to them is capable of causing irreparable harm,” and considered that there is “urgency.” and “real and imminent risk” of such harm occurring, requiring the court to “issue injunctive relief.”
In addition, orders to “keep open” the land crossing points, particularly Rafah, for “the unhindered provision and large-scale provision of urgently needed basic services and humanitarian assistance” among the Palestinian population of Gaza.
Israel will have to present within a month a report with the measures put in place to comply with the orders announced this Friday by the court. However, he authorized the resumption of negotiations on a new truce – which would involve the release of the hostages in Gaza –, which had been stalled for weeks.
This Friday’s order is another blow for Netanyahu.
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South Africa, the standard bearer of the Palestinians before the international court
There it is remembered that Nelson Mandela, the great leader of that country who suffered years in prison for fighting against that regime, used to say that The struggle of the Palestinian people had inspired him in the most difficult moments of his mission. What has meant that the country already has a long history of solidarity with the Palestinians and the fight for their self-determination.
Internally displaced Palestinians leave with their belongings after an evacuation order issued by the Israeli army, in Rafah.
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Israel applies a ‘more extreme’ form of apartheid in the Palestinian territories than South Africa suffered before 1994
“As South Africans we deeply perceive, see, hear and feel the inhumane discriminatory policies and practices of the Israeli regime as an even more extreme form of institutionalized apartheid against the black people of my country.”
(Read on: Israel’s war cabinet gives green light to resumption of negotiations to free hostages in Gaza: what next?)
The South African Government has begun its defense of the Palestinians by appealing to the Genocide Convention, which was written after World War II, precisely as a reaction to the atrocities committed against the Jewish people during the Holocaust.
On December 29, the Pretoria government brought the case before the International Court of Justice and the governments of Egypt, Turkey and Colombia formally joined the legal claim.
South African delegation to the ICJ.
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The South African Government welcomed the decision and described it as pioneering. ““It is the first in which an explicit mention is made for Israel to stop its military action in any area of Gaza,” said in a video broadcast on social networks the director general of the South African Department (ministry) of International Relations and Cooperation (Dirco), Zane Dangor.
“Although the court cannot legally use the term ceasefire (…), this is calling for a de facto ceasefire,” Dangor added.
Experts consider that This is an unprecedented case because it is the first time that the State of Israel is tried under the Genocide Convention of the United Nations, since genocide is the most serious international legal accusation that can be made against a State.
The convention treaty gives the International Court of Justice the authority to rule on cases that may be brought by parties not directly affected by the alleged genocide in question. As is the case of South Africa and the other plaintiffs.
*With AFP and EFE
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