UN court: “Israel obliged to prevent genocide”

The situation in Gaza

Published 26 January 2024
- By Editorial Staff
Israeli Prime Minister Benjamin Netanyahu and a group of Israeli soldiers.

The International Court of Justice (ICJ) has ruled that Israel must do everything in its power to prevent genocide against the Palestinian people. However, the UN court did not order a ceasefire or an immediate halt to the Israeli invasion of Gaza.

– The State of Israel must take all measures within its power to prevent the commission of acts covered by Article 2 of the Genocide Convention, said Judge Joan Donoghue.

The background to Israel being investigated by the ICJ for genocide is that at the end of the year, South Africa filed a request for an investigation into Israel’s invasion and bombing campaigns.

”Palestinians in Gaza have been killed in their homes, in places where they sought shelter, in hospitals, in UNWRA schools, in churches, in mosques, and as they tried to find food and water for their families. They have been killed if they failed to evacuate, in the places to which they fled, and even while they attempted to flee along Israeli declared ‘safe routes’”, South Africa warned, arguing that Israel was in violation of the Genocide Convention.

Israeli representatives reacted strongly to the allegations, claiming, among other things, that anyone who accuses Israel of genocide is siding with “anti-Jewish racists” and “heirs of the Nazis”. It also called for the immediate dismissal of the genocide charges.

– The Court considers that it cannot accede to Israel’s request to remove the case from the general list, said Judge Joan Donoghue, also stating that Palestinians must be protected from acts of genocide.

Israel must also do more to protect civilians, improve the humanitarian situation and ensure that its soldiers do not violate international law – it must report within one month on what it has done to ensure this.

Israel ignores the court

In theory, the court could have ordered Israel to stop its invasion immediately or called for a cease-fire – but these decisions have not been made. However, Israel has already stated that it will not stop its war even if the UN court decides to do so.

– No one can stop us. Not The Hague, not the Axis of Evil, and no one else, he said in a speech in early January.

In South Africa, however, the decision is still seen as a major victory, and the country’s president, Cyril Ramaphosa, and his government broke into song and dance when the ICJ’s decision came – saying that in practice a ceasefire is still needed to meet the court’s requirements.

The court will now proceed with the genocide charges, but this process could take several years before a final decision is made. Since Israel has already announced that it rejects the ICJ’s mandate, it is also somewhat unclear what would actually happen if the Netanyahu regime is found guilty of genocide.

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