LI Network
Published on: 28 January, 2024 at 17:55 IST
On Friday, the International Court of Justice (ICJ) at The Hague issued provisional protection measures to safeguard the rights of Palestinians in the Gaza Strip.
The Court found it “plausible” that Israel’s actions were violating their rights under the Prevention of Genocide Convention. This order, while not a final verdict, includes measures to protect the claimed rights, as deemed plausible by the court.
South Africa initiated the case, accusing Israel of breaching the Genocide Convention in Gaza. The ICJ clarified that it is not determining violations at this stage but asserting jurisdiction and recognizing South Africa’s standing in the case.
The Court’s decision, supported by fifteen of seventeen judges, including Indian-origin Judge Dalveer Bhandari, mandates certain protective actions.
The provisional measures include directing Israel to prevent acts falling within the scope of the Genocide Convention, taking steps against public incitement to commit genocide, providing urgent humanitarian aid to Palestinians, preserving evidence related to alleged violations, and submitting a report on measures taken within a month. These measures, having a binding effect, are under Article 41 of the ICJ’s Statute.
While the court did not include a cease-fire, South Africa sought other protective measures. Dissenting opinions were expressed by Judge Julia Sebutinde, suggesting diplomatic solutions for the conflict, and ad hoc Judge Aharon Barak, who questioned South Africa’s good faith in not accepting Israel’s offer for consultations.
Judge Barak disagreed with the majority’s view that genocide was plausible, citing scant evidence and emphasizing the applicability of International Humanitarian Law over the Genocide Convention to analyze the Gaza situation.