The International Court of Justice (ICJ) in The Hague, Netherlands, has issued provincial measures ordering Israel to take all measures to ensure that it does not commit genocide at the Gaza Strip.
The order comes after Pretoria approached the ICJ in December last year, under the Genocide Convention, for alleged attacks committed by Israel on the Gaza Strip.
The court dismissed Israel’s request that the case be removed from the court roll, and ruled that, prima facie, it has jurisdiction pursuant to the Genocide Convention to entertain the case.
“The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention.
In particular, killing members of the group, causing serious bodily or mental harm to members of the group, 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,” said ICJ President Joan E. Donoghue.
The court also issued strict provisions for Israel, which Tel Aviv had already indicated that it would not abide by them.
“The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point in the ruling, shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip.
“The State of Israel shall 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.
“The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip,” added the order.
The court ordered Israel to submit a report to the court on all measures taken to give effect to its order within one month as from the date of the ruling.
The ICJ also expressed “concern about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups and called for their immediate and unconditional release.
The court however stopped short of ordering a complete ceasefire between Hamas and Israel.
Meanwhile, President Cyril Ramaphosa welcomed the judgment and called on Israel to abide by it.
“This Order is binding on Israel and must be respected by all states that are party to the Convention on the Prevention and Punishment of the Crime of Genocide.
“We expect Israel as a self-proclaimed democracy and a state that respects the rule of law to abide by the measures handed down by the International Court of Justice,” pleaded Ramaphosa.
