SA welcomes ICJ decision to grant provisional measures against Israel
Government has welcomed the provisional measures ordered by the International Court of Justice (ICJ) against Israel, which seek to protect the human rights of the Palestinian people in the Gaza Strip.
“Today marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people. In a landmark ruling, the International Court of Justice (ICJ) has determined that Israel’s actions in Gaza are plausibly genocidal and has indicated provisional measures on that basis,” the Department of International Relations and Cooperation (DIRCO) said on Friday.
South Africa approached the International Court of Justice in The Hague for acts committed by Israel in the context of its attacks on Gaza in which it alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip.
In its application, South Africa requested the court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention”.
South Africa was also seeking the Court to “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.
Delivering the court’s decision, Judge President Joan Donoghue said it was necessary pending its final decision for it to indicate certain measures in order to protect the rights claimed by South Africa.
Donoghue said Israel must in accordance with its obligations under the Genocide Convention in relation to the Palestinians in Gaza take all measures within its power to prevent the commission of all acts within the scope of Article II of the Convention, in particular:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to the members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and
(d) Imposing measures intended to prevent births within the group.
“The court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the aforementioned acts. The court is also of the view that Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to the members of the Palestinian Group in the Gaza strip.
“The court further considers that Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life,” she said.
Israel is also required to take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article 2 and Article 3 of the Genocide Convention against members of the Palestinian Group in the Gaza Strip.
DIRCO said the provisional measures are directly binding on Israel, which is required pursuant to the court’s order and to the Genocide Convention itself, to stop all acts by it that are plausibly genocidal, such as those raised by South Africa in its Application and request for the indication of provisional measures.
“There is no credible basis for Israel to continue to claim that its military actions are in full compliance with international law, including the Genocide Convention, having regard to the Court’s ruling.
“South Africa sincerely hopes that Israel will not act to frustrate the application of this order, as it has publicly threatened to do, but that it will instead act to comply with it fully, as it is bound to do,” DIRCO said.
According to DIRCO, the United Nations Security Council will now be formally notified of the court’s order pursuant to Article 41(2) of the Court’s Statute.
“The veto power wielded by individual states cannot be permitted to thwart international justice, not least in light of the ever-worsening situation in Gaza brought about by Israel’s acts and omissions in violation of the Genocide Convention,” DIRCO said.
The department said South Africa will continue to act within the institutions of global governance to protect the rights, including the fundamental right to life, of Palestinians in Gaza – which continue to remain at urgent risk including from Israeli military assault, starvation and disease – and to obtain the fair and equal application of international law to all, in the interest of collective humanity.
“Notably, South Africa will continue to do everything within its power to preserve the existence of the Palestinian people as a group, to end all acts of apartheid and genocide against the Palestinian people and to walk with them towards the realisation of their collective right to self-determination.
“The indication by this court of provisional measures pursuant to the Genocide Convention marks a significant historical step towards that goal. Third States are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza.
“They must, therefore, also act independently and immediately to prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide Convention, including by aiding or assisting in the commission of genocide. This necessarily imposes an obligation on all States to cease funding and facilitating Israel’s military actions, which are plausibly genocidal,” DIRCO said.
The transcript can be accessed at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf. – SAnews.gov.za
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Fri, 01/26/2024 – 16:26
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