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 others ad hoc, 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.
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