International Court of Justice calls on Israel to prevent any act of “genocide” in Gaza and facilitate humanitarian aid

South Africa immediately hailed a “decisive victory for the international rule of law”.

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The South African delegation during the hearing of the International Court of Justice, January 26, 2024, in The Hague, Netherlands.  (DURSUN AYDEMIR / ANADOLU / AFP)

The highest court of the UN called on Israel on Friday January 26 to do everything possible to prevent any act of genocide in the Gaza Strip, issuing a long-awaited decision. Israel must do everything to “prevent the commission of any acts falling within the scope of application” of the Genocide Convention, declared the International Court of Justice (ICJ), which sits in The Hague (Netherlands). At this stage, the Court has not advanced on the question of whether or not Israel is in fact committing genocide. This part of the case can take years.

The institution also calls on Israel to allow humanitarian access to Gaza. The Jewish state must take “immediate and effective measures to enable the provision of basic services and humanitarian assistance that Palestinians urgently need to address the unfavorable living conditions facing [ils] are faced”ruled the International Court of Justice in its order (PDF link).

A decision welcomed by several countries

The Israeli Prime Minister, Benjamin Netanyahu, immediately reacted and judged “scandalous” the accusations of “genocide” in Gaza filed by South Africa. “The despicable attempt to deny Israel” THE “fundamental right” to defend oneself is “blatant discrimination against the Jewish state, and it was rightly rejected.”he estimated.

Palestinian Authority Foreign Minister Riyad al-Maliki spoke in a video message. The order issued Friday is “an important warning that no state is above the law”did he declare. “States now have a clear legal obligation to end Israel’s genocidal war against the Palestinian people of Gaza.”

The European Union has called for the implementation “complete and immediate” of this decision, welcomed by several countries including Turkey, Iran and Spain.

France recalls that genocide requires “intention”

South Africa welcomed a “a decisive victory for the international rule of law and an important step in the quest for justice for the Palestinian people”. The South African Ministry of Foreign Affairs believes that the Court “determined that Israel’s actions in Gaza are plausibly genocidal and indicated interim measures on that basis”thanking her “for his quick decision”.

For its part, the French Ministry of Foreign Affairs says it plans to share “observations” to the ICJ, in which it will indicate in particular “the importance it attaches to the Court taking into account the exceptional gravity of the crime of genocide, which requires the establishment of intention”. He recalls “the importance” of “strict respect for international humanitarian law by Israel” and welcomes the fact that the Court calls, “like France”to the “immediate and unconditional release” hostages held in Gaza. Paris also reaffirms “[œuvrer] to a ceasefire.

The United States, Israel’s historic allies, also reacted. “We continue to believe that the accusations of genocide are baseless and take note of the fact that the Court has not found genocide or called for a ceasefire,” a State Department spokesperson said.

In a statement, the Qatari Ministry of Foreign Affairs “welcomed the provisional measures ordered by the ICJ”welcoming a “victory for humanity (…) and international justice”.


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