MEZIESBLOG

MEZIESBLOG now reports the key part of ICJ proceedings on the ongoing Israel-Hamas war.

Judge Donaghue says: “Having considered the terms of the provisional measures requested by South Africa and the circumstances of the case, the court finds that the measures indicated need not be identical to those requested. The court considers that with regard to the present situation, Israel must, in accordance with its obligations under the Genocide Convention in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article two of the Convention, in particular… killing groups that members of the group be causing serious bodily or mental harm to members of the group. 

Israel, she says, must also take measures to prevent “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part and imposing measures intended to prevent births within the group.

“The court recalls that these acts fall within the scope of Article two of the convention when they are committed with the intent to destroy in whole or in part, the group of such.

“The court further considers that Israel must ensure, with immediate effect, that its military forces do not commit any of the aforementioned acts.

“The court is also of the view 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 in the Gaza Strip.

“The court further considers that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.

“Israel must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article two.”

ICJ appears to reject call to order immediate halt to hostilities in Gaza

There has not been any mention of South Africa’s key request – halting Israel’s military operation while the ICJ investigates any possible violations. 

Judge Donaghue told Israel it must:

• Take all measures in its power to prevent the commission of any acts of genocide;
• Prevent and punish direct and public incitement to commit genocide;
• Immediately enable the provision of urgently needed basic services and humanitarian assistance in Gaza;
• Prevent the destruction, and ensure the preservation, of evidence related to South Africa’s allegations.

Analysis: Israel will find court’s ruling ‘deeply objectionable’

Reacting to what we have just heard from the International Court of Justice, security and defense analyst Michael Clarke explains what the provisional measures. 

He says the court has called on Israel to make sure genocide or genocidal behaviour does not take place and that there are some basic services for civilians – you can see a list of the requests made in our previous post. 

The court has also asked Israel to report back to it within a month. 

“They’re not the harshest provisional measures, but I think Israel will find them deeply, deeply objectionable,” Clarke says. 

“To accept somehow that they have behaved genocidally and that they’ve got to change what the IDF is doing… they’ll find that very tough. 

“But, these are not unreasonable measures, if you think the situation for the Palestinians will get worse before it gets better.”