ICJ President Joan Donoghue speaks at the International Court of Justice (ICJ) prior to the verdict announcement in the genocide case against Israel, brought by South Africa. Picture: Remko de Waal / ANP / AFP
The International Court of Justice (ICJ) has ordered Israel to take measures to prevent and punish direct incitement of genocide in the Gaza Strip.
This was heard in the ICJ sitting at The Hague during a landmark decision in a case that has drawn global attention.
The head of the top United Nations court, the President of the ICJ Judge Joan Donoghue, said: “Israel must take all measures to prevent commission of all acts of Article 2 of the (Genocide) Convention.”
Donoghue listed the measures.
“Israel has been ordered to take take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance in the Gaza Strip,” said Donoghue.
The Judge continues: “The ICJ has ordered Israel to take measures to prevent and punish direct incitement of genocide in the Gaza Strip.”
It is worth noting that the ICJ refused to order a ceasefire or suspension of Israeli attacks, but have ordered the following:
By 15-2 judge votes, Israel shall take all measures within its power to prevent genocidal acts against Palestinians.
By 15-2 votes, Israel will ensure that its army doesn’t commit any genocidal acts.
By 16-1 votes, Israel will prevent and punish public incitement to commit genocide against Palestinians.
By 16-1 votes, Israel will ensure the provision of urgent services and humanitarian aid to Gaza.
By 15-2 votes, Israel will ensure the preservation of evidence related to allegations of genocide.
Israel was then ordered to report to the court within a month on what it is doing to uphold the order to take all measures within its power to prevent acts of genocide in Gaza.
According to Donoghue, the ruling creates international legal obligations for Israel.
Prior to ordering the measures, Donoghue said the court has taken into consideration several quotes or statements.
Donoghue quotes Israeli officials and ministers. “We have taken into consideration statements by Israeli officials regarding the removal of human status from Palestinians,” said Donoghue
The Judge also quoted a statement by the UNRWA, which described the horrors, death and destruction.
The ICJ also refuses Israel's request to dismiss the genocide case brought to the court by South Africa and determines that South Africa does have standing in its case against Israel. The Court finds it does have jurisdiction in the case.
The ICJ added that it is 'deeply concerned about the continuing loss of life in Gaza.
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