26th January, 2024
By Kazeem Ugbodaga
The International Court of Justice (ICJ) on Friday ruled that Israel must take all measures to prevent genocidal acts in Gaza.
But the court did not order an immediate ceasefire in Gaza.
The ICJ judges have been delivering an interim ruling in South Africa’s genocide case against Israel.
In a vote of 16 to one, the court said Israel must take “immediate and effective” measures to ensure the provision of urgently needed humanitarian aid and basic services.
Delivering judgement, Judge Joan Donoghue said the Palestinians appeared to constitute a distinct national, ethnical, racial or religious group, and hence a protected group within the meaning of Article Two of the Genocide Convention.
“The court observes that, according to United Nations sources, the Palestinian population in the Gaza Strip comprises over 2 million people. Palestinians in the Gaza Strip, form a substantial part of the protected group.
“The court notes that the military operation being conducted by Israel, following the attack of seven October 2023 has resulted in a large number of deaths and injuries as well as massive destruction of homes,” Donoghue stated.
Donoghue said Israel must ensure with immediate effect that its military forces did not commit any of the aforementioned acts – those being, killing Palestinians or causing serious bodily or mental harm.
She added that Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to the members of the Palestinian group.
Donoghue stated that Israel must also submit a report to the court within one month of this order.
Earlier, the court ruled that it could issue provisional, emergency measures and noted the measures indicated need not be identical to those requested by South Africa.
She then outlined which of South Africa’s requested measures the court would grant, saying Israel must desist from killing, injuring, destroying life and preventing births in relation to Palestinians.
According to her, these acts fell within the scope of the Genocide Convention.