The International Court of Justice issues a series of provisional measures against Israel on the basis that the rights of the Palestinians not to be subject to genocide must be protected before the court can make a final ruling on the merits of the case.
The court says that Israel must “take all measures within its power” to prevent the commission of genocidal acts against the Palestinians as laid out in Article 2 of the Genocide Convention.
Critically, however, the court does not grant South Africa’s demand for an immediate unilateral ceasefire in Israel’s military operation against Hamas in Gaza.
It says Israel must prevent the killing or injuring of Gaza’s Palestinians, must prevent conditions calculated to wholly or partly destroy Gaza’s populace, and must prevent conditions intended to prevent births among Gazans.
The measures are supported by an overwhelming 15-2 majority on the bench, including by its US president Joan Donoghue. Israel’s Aharon Barak is one of the dissenters.
The court also orders Israel to take steps to prevent and punish incitement to genocide against the Palestinians, and take measures to provide “urgently needed assistance to address the adverse conditions of life in Gaza.”
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