THE HAGUE — The International Court ofJustice (ICJ) has announced that it will issue its decision on Friday regarding
the nine interim measures requested by South Africa in its case against Israel
for committing genocide against Palestinians in the Gaza Strip, Al-Mamlaka TV
reported.
South Africa filed a case against Israeli
authorities on December 29, 2023, alleging violations of the Genocide
Convention regarding Palestinians in Gaza. During the court procedures, South
Africa requested the court to issue interim measures to prevent further harm to
the rights of Palestinians and to ensure compliance by the Israeli authorities
with their obligations under the convention.
What
are interim measures?
Interim measures are court orders issued
before the final judgment in a case, aimed at preventing irreparable harm.
These measures require the respondent state to refrain from specific actions
until the court issues its final judgment.
South Africa requested the ICJ to
consider nine interim measures concerning the Palestinian people as a protected
group under the Genocide Convention.
Here
are the nine measures summarized as follows:
- Israel must immediately suspend its military
operations in Gaza.
- Israel must ensure that no actions are taken to
escalate its military operations in Gaza.
- Both South
Africa and Israel must take all reasonable measures within their jurisdiction
to prevent genocide against the Palestinian people according to their
obligations under the Genocide Convention.
- Israel must also refrain from committing any acts
defined under Article two of the convention, such as killing members of the
group, inflicting serious bodily or mental harm on them, deliberately imposing
living conditions aimed at their physical destruction, and imposing measures to
prevent births within the group.
- Israel must
cease all measures, including revoking relevant orders, restrictions, and
prohibitions, concerning Palestinians to prevent forcibly displacing and
deporting them from their homes, depriving them of access to adequate food and
water, humanitarian aid including sufficient fuel, shelter, clothing, hygiene,
sanitation, supplies and medical assistance and destroying Palestinian life in
Gaza.
- Israel must ensure that it refrains from committing
any acts described in paragraphs four and five, avoids engaging in direct and
public incitement, refrains from attempting to commit genocide, and does not
conspire or participate in such acts.
- Israel must take effective measures to prevent the
destruction of evidence related to the allegations and ensure its preservation.
To achieve this goal, Israel must not prevent or restrict access by
fact-finding missions, international delegations, and other bodies to Gaza.
- Israel is required to submit a report to the ICJ
detailing all measures taken to implement this order under interim measures
within one week from the date of issuance. Subsequently, Israel must provide
regular updates as ordered by the court until its final decision in the case.
- Israel is obligated to abstain from taking any
action and must ensure that no steps are taken to exacerbate the dispute before
the court, prolong its duration, or complicate its resolution.
Unprecedented
Violence.
اضافة اعلان
On January 11, 2024, the ICJ held its
initial public hearing in response to a lawsuit filed by South Africa, accusing
Israel's of committing genocide in the Gaza Strip.The lawsuit received backing
from Jordan and the Palestinian government.
A Lawyer from South Africa’s Legal Team,
Adila Hassim emphasized that Israel has subjected the strip’s 2.3 million
residents to an unprecedented level of violence, encompassing air, land, and
sea, leading to killing thousands of civilians and the obliteration of homes
and vital public infrastructure.
Hassim stated that Israel obstructed the
delivery of adequate humanitarian aid to those in need, creating a risk of
death from hunger and disease due to the impossibility of providing assistance
during bombings.
"The Palestinians in Gaza are
continuously bombed wherever they go," she stated, "They are killed
in their homes and in the places they sought refuge, in hospitals, schools,
mosques, and churches, and while trying to find food and water for their
families. They are killed if they fail to evacuate from the places they fled
to, and even if they try to escape through the safe routes specified by
Israel."
Moreover, South Africa also highlighted
that 6,000 bombs fell on Gaza in the first week of Israel’s war on the strip,
including the use of 2,000-pound bombs, particularly in southern areas
classified as safe and in northern refugee camps.
Hassim stressed that these weapons were
some of the largest and most destructive bombs available, adding that acts of
genocide, "Are never announced in advance, but this court benefits from
evidence obtained over the past 13 weeks, which unequivocally shows the
existence of a pattern of behavior and related intent that justifies a
plausible claim of genocide."
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