Israel sued for genocide in Gaza, what did the International Court say?

 26 Jan 2024 ( Perwez Anwer, MD & CEO, IBTN GROUP )
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Israel sued for genocide in Gaza, what did the International Court say?

Friday, January 26, 2024

On Friday, January 26, 2024, the International Court of Justice in The Hague, Netherlands, heard the allegations against Israel for committing genocide against Palestinians in Gaza.

This case was filed by South Africa in the International Court of Justice.

The International Court of Justice considered nine emergency measures proposed by South Africa. But she will not consider South Africa's accusations of genocide against Israel. Israel has been denying these allegations.

The proposed steps considered by the court include Israel's immediate suspension of military operations in Gaza.

Judge Joan Donoghue said the court was 'gravely concerned' about the deaths and suffering.

Judge Joan Donoghue said the scope of the current case was limited.

During the hearing, the judge also mentioned Hamas' attack on Israel on October 7, 2023. The judge said that some of the allegations against Israel are within the provisions of the Genocide Convention.

The judge said that any party to the Genocide Convention can file a case against another country, so South Africa has the legal basis to file this case.

During the hearing, the judge also quoted the statement of UN Emergency Relief Coordinator Martin Griffiths that 'Gaza has become a byword for death and despair.'

Israeli and Palestinian supporters have also gathered outside the International Court of Justice.

The hearing of the case filed against Israel started in the International Court of Justice from 11 January 2024.

South Africa accuses Israel of genocide

South Africa filed an 84-page appeal with the International Court of Justice, saying Israel's actions were genocidal in the nature of their intent to cause the maximum extermination of the Palestinian people in Gaza.

It says acts of genocide include killing, causing serious mental and physical harm to the Palestinian people, and creating conditions that "aim for their collective destruction."

According to the appeal filed in the ICJ, the intentions of genocide are also reflected in the statements of Israeli officials.

What did Israel say on the charge of genocide?

Israeli legal adviser Tal Baker told the International Court of Justice that South Africa was distorting the truth and presenting "a broader narrative than the truth" about the Israel-Palestine conflict.

Opening his arguments at the International Court of Justice on 12 January 2024, Tal Baker acknowledged that the suffering civilians are facing in Gaza is a "tragedy".

However, Tal Baker also said that the Palestinian extremist organization Hamas wants to "increase the damage caused to Israel and the Palestinians" while "Israel wants to reduce it".

Tal Baker said, "It is sad that South Africa has presented a grossly distorted factual and legal picture to the court. The entire case is a distorted and out of context description of the reality of the current conflict. It has been deliberately created on that basis.''

Genocide case against Israel, what did the International Court of Justice say in the decision?

Friday, January 26, 2024

The International Court of Justice (ICJ) has not agreed to South Africa's request for an immediate ceasefire in Gaza, which is under Israeli attack.

This is something that may disappoint South Africans and the Palestinian people.

However, the majority of the 17 judges hearing the case said Israel should do everything within its power to prevent deaths, physical or mental harm to Palestinians.

The International Court of Justice also said that Israel should not take any steps that hinder Palestinian women from giving birth to children.

This is not the final decision of the court on the genocide. It appears that it will take several years to take a decision on this. Israel now has to take a decision on this.

ICJ decisions are binding but there is no systematic system to implement them. Diplomatic efforts are ongoing at the international level for a ceasefire.

Efforts are also being made to improve the delivery of humanitarian aid in Gaza, so Israel can argue before the court that it is already taking steps on the demands of the court.

 

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