ICJ urges Israel to implement measures aimed at preventing Palestine genocide News
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ICJ urges Israel to implement measures aimed at preventing Palestine genocide

JURIST Editorial Director Ingrid Burke Friedman and JURIST Assistant Editor Samara Baboolal contributed to this report.

The International Court of Justice (ICJ) on Friday ordered Israel to implement a set of provisional measures aimed at preventing the genocide of Palestinians in the Gaza Strip as Israel appears to be preparing a ground invasion of Rafah.

On Jan. 26. the ICJ had ordered Israel to “take all measures within its power” to prevent breaches of the Genocide Convention in the Gaza Strip.

The original order followed proceedings initiated by South Africa and issued a number of provisional measures. Friday’s decision came in response to a February 12 appeal by South Africa for the court to take measures to quell the violence that has engulfed the Gaza Strip in recent months. Israel responded to the request Thursday, requesting it be rejected on the basis that it lacked legal or factual basis. The court declined to issue additional provisional measures but emphasized its expectation that Israel would comply with its legal obligation to implement the court-ordered provisional measures.

South Africa’s most recent application was made under Article 75(1) of the Rules of Court of the International Court of Justice to “prevent further imminent breach of the rights of Palestinians in Gaza.” It noted that the “recent developments in Rafah” would exacerbate an already deteriorating humanitarian situation. South Africa added that it “reserves its own rights to take further action in respect of the situation.”

Israel, in its response, called the application an attempt to “misuse the Court’s provisionary measures procedure, this time by a highly peculiar and improper request that makes reference to Article 75(1) of the Rules of Court.” It noted in its response that South Africa cited a “significant development” in the situation between Israel and Gaza but asserted that there has been no such development. Israel reiterated that it is committed to observing international law and that the request failed to mention Hamas and demonstration of “contempt for the law.”

The original case was initiated by South Africa in December, in a complaint accusing Israel of having violated the Genocide Convention. “The acts and omissions by Israel complained of by South Africa are genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group … in the Gaza Strip,” South Africa alleged in its complaint.

In particular, South Africa accused Israel of killing tens of thousands of Palestinians in Gaza, causing serious mental and bodily harm, causing the forced evacuation and displacement of some 85 percent of the population in the Gaza Strip, failing to provide adequate humanitarian protections, causing widespread dehydration and starvation, and imposing measures intended to prevent Palestinian births in the region, according to the complaint.

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