The International Court orders Israel to prevent a genocide in Gaza but avoids demanding a ceasefire

The UN International Court of Justice (ICJ) this Friday demanded that Israel “take all possible measures” to “prevent” and “punish” any incitement to genocide against Palestinian civilians in Gaza, although has not called for a ceasefire on the fringe. Furthermore, he has demanded that Israel adopt “immediate and effective” measures to allow access to the humanitarian assistance to Gaza.

The decisions of this court, based in The Hague, are legally binding on Israelalthough the ICJ has few means to enforce them.

On the other hand, he has indicated that, as part of the precautionary measures, Israel must prevent the destruction and ensure the preservation of evidence related to this case, and deliver a report within a month on “all measures taken” to comply with this Friday’s orders.

Judge Joan E. Donoghue has stated in a public reading that the high court has jurisdiction over this case, endorsing that South Africa can sue Israel for alleged violation of the Genocide Convention and that the litigation can move forward. Donoghue has stressed that a “human tragedy” is taking place in Gaza and has confirmed that the ICJ is “deeply concerned” by the high number of deaths. “The situation of children in Gaza is especially devastating,” she lamented.

While waiting for the court based in The Hague to rule in the future on the merits of the issue, South Africa requested the imposition of provisional measures, and the judges agreed this Friday that the situation in Gaza, which is already ” catastrophic”, may deteriorate further before the final verdict.

South Africa filed its lawsuit against Israel at the end of December, under the premise that a “genocide” could be being committed in the Gaza Strip, where more than 26,000 people have already died, according to data released this Friday by the Gaza Ministry of Health.

Reactions

The Islamist group Hamas has celebrated the ruling. “The decision of the International Court of Justice is an important step forward that contributes to isolating the (Israeli) occupation and exposing its crimes in Gaza. We ask that the occupation be forced to implement the Court’s decisions,” he said in a statement. Sami Abu Zuhri, a Hamas spokesman, said in a statement.

The Foreign Minister of the Palestinian National Authority (PNA)Riyad al Maliki, has also welcomed the ICJ decision, and recalled that the decisions of the UN court are “mandatory compliance.”

“We call on all states to ensure that all provisional measures ordered by the Court are implemented, including Israel, the occupying power. This is a binding legal obligation,” added the Palestinian minister.

For his part, the prime minister Benjamin Netanyahuhas assured that the accusation of genocide against Israel investigated by the International Court of Justice (ICJ) “is not only false, it is scandalous”, although it welcomes that the court did not order the immediate cessation of hostilities.

The American president, Joe Bidenhas asked that “the horrors” that Hamas perpetrated on October 7 not be minimized, in a statement published within the framework of the International Day of Commemoration in Memory of the Victims of the Holocaust, in which it makes no reference to the war of Loop.

The European Union (EU) has demanded the “full, immediate and effective” application of the order issued by the UN ICJ. In a joint statement, the European Commission and the EU High Representative for Foreign Affairs, Josep Borrell, recalled that the orders of the UN Court “are binding” and have urged “the parties” to comply with them, without mentioning expressly to Israel.

He South African Government has assured that the ruling of the International Court of Justice represents “a decisive victory for the international rule of law.”

Iran has congratulated South Africa on “its success” at the International Court of Justice. Furthermore, the Iranian Foreign Minister, Hosein Amir Abdolahian, has once again accused the United States of supporting “Zionist (Israel) crimes, something that will not be forgotten.”

The president of TürkiyeRecep Tayyip Erdogan has described the ruling as “valuable” and hopes that it will lead to an end to the “indiscriminate attacks” perpetrated by the Israel Defense Forces (IDF) on the Gaza Strip.

The authorities of Egypt They welcomed the ruling, although they regretted that the court did not also order an immediate ceasefire.

The president of ColombiaGustavo Petro, celebrated the ruling as “a triumph of humanity.”

Spain has asked “all parties” to comply with the precautionary measures issued by the ICJ. “Spain calls on all parties to respect and comply with these measures in their entirety,” the Ministry of Foreign Affairs said in a statement, after ensuring that the Government “celebrates” the decision.

Finally, the Spanish Government has taken the opportunity to ask, “once again”, “an immediate ceasefire”, “the unconditional release of the hostages” in the hands of Hamas and “immediate and regular humanitarian access” to the Strip. as well as to defend “the need to move towards the materialization of the two-state solution.”