International Court of Justice says Israel must take steps to prevent acts of genocide in Gaza
General view of the International Court of Justice (ICJ) in The Hague, Netherlands January 23, 2020. REUTERS/Eva Plevier/FILE PHOTO
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The World Court on
Friday ordered Israel to take action to prevent acts of genocide as it wages
war against Hamas militants in the Gaza Strip, but it stopped short of calling
for an immediate ceasefire.
Ruling on a case
brought by South Africa, the court said Israel must ensure its forces did not
commit genocide and take measures to improve the humanitarian situation for
Palestinian civilians in the enclave.
In the ruling, 15
of the 17 judges on the International Court of Justice (ICJ) panel voted for
emergency measures which covered most of what South African asked for, with the
notable exception of ordering a halt to Israeli military action in Gaza.
Israel's military
operation has laid waste to much of the densely populated enclave and killed
more than 25,000 Palestinians in nearly four months, according to Gaza health
authorities.
Israel unleashed
its assault after a cross-border rampage on Oct. 7 by Hamas militants. Israeli
officials said 1,200 people were killed, mostly civilians, and 240 taken
hostage.
The court said it
was "gravely concerned" about the fate of the hostages in Gaza and
called on Hamas and other armed groups to immediately release them without conditions.
But the ruling,
welcomed by Palestinians, will still be an embarrassment for Israel and its
closest allies, including the United States.
Israel had asked the
court to reject the case outright, saying it respects international law and has
a right to defend itself.
"The state of
Israel shall...take all measures within its power to prevent the commission of
all acts within the scope of Article II of the Genocide convention," the
court said.
Israel must report
back to it on what steps it was taking in a month's time, the court said.
But while the
ICJ's decisions are final and without appeal, the court has no way to enforce
them.
The court did not
rule at this stage on the core of the case brought by South Africa - whether
genocide has occurred in Gaza. But it recognised the right of Palestinians in
Gaza to be protected from acts of genocide.
South Africa's
deputy president Paul Mashatile and Justice Minister Ronald Lamola were
seen cheering and
dancing at a gathering of the governing African National Congress party
following the court's verdict.
South Africa argued
two weeks ago that Israel's aerial and ground offensive was
aimed to bring about "the destruction of the population" of Gaza.
The 1948 Genocide
Convention, enacted in the wake of the mass murder of Jews in the Nazi
Holocaust, defines genocide as "acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group".
Acts of genocide
named in the convention include: killing members of the group, causing serious
bodily or mental harm to members of the group and deliberately inflicting
conditions of life calculated to bring about the destruction of the group in
whole or in part.


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