ICJ ruling on SA's case against Israel
- Thread starter The SC
- Start date
Persian Gulf
INT'L MOD
"The ruling says that Israel needs to take every measure in its power to prevent things that could lead to genocide. It’s for legal scholars now to look at this, because those include preventing killings of people within the protected group.
Well, the protected group is Palestinians, so if you are going to protect Palestinians in Gaza, and for that matter probably in the West Bank, how can that happen when Israel continues its indiscriminate bombardment on the ground in Gaza?"
- James Bays, al-Jazeera
Well, the protected group is Palestinians, so if you are going to protect Palestinians in Gaza, and for that matter probably in the West Bank, how can that happen when Israel continues its indiscriminate bombardment on the ground in Gaza?"
- James Bays, al-Jazeera
Persian Gulf
INT'L MOD
Hamas: ICJ ruling ‘contributes to isolating’ Israel
Hamas has hailed the court’s “important” ruling, saying it “contributes to isolating Israel”.
“The [International] Court of Justice’s decision is an important development which contributes to isolating Israel and exposing its crimes in Gaza,” it said in a statement.
Palestinian FM: ICJ ruling shows that ‘no state is above the law’
Palestine welcomes the significant order by the International Court of Justice in South Africa’s case against Israel under the Genocide Convention. In light of the incontrovertible evidence presented to the Court about the unfolding genocide, the ICJ ordered these provisional measures.
The ICJ ruling is an important reminder that no state is above the law or beyond the reach of justice. It breaks Israel’s entrenched culture of criminality and impunity, which has characterized its decades-long occupation, dispossession, persecution, and apartheid in Palestine.
Israel failed to convince the Court that it was not violating the Genocide Convention. The ICJ judges saw through Israel’s politicization, deflection, and outright lies. They assessed the facts and the law and ordered provisional measures that recognized the gravity of the situation on the ground and the veracity of South Africa’s application. Israel is accused of destroying an entire people and will now stand accused of Genocide, the crime of all crimes.
Palestine calls on all states to ensure respect for the order of the International Court of Justice, including by Israel. Governments must ensure they are not complicit in this genocide, starting with stopping arms trade with Israel. Governments must also endeavor to stop the industrial slaughter and destruction in Gaza. This is now a binding legal obligation.
The Palestinian people and leadership will be forever grateful to the people and goverment of South Africa for taking this bold step of active solidarity. We are also grateful to the millions of people who have not stopped taking to the streets around the world to protest the genocide and champion Palestinian rights to life and freedom.
Palestine will continue to work with allies to ensure an end to the genocide, accountability for the atrocious crimes, and the protection of our collective rights as peoples of the world to equal human rights, justice, and freedom. This is a fight for humanity the world cannot afford to lose.
Persian Gulf
INT'L MOD
‘If you read the order, by implication a ceasefire must happen’: South Africa
Speaking on the steps of the seat of the ICJ, Naledi Pandor, South Africa’s minister of international relations, tells reporters Israel will have to halt fighting in Gaza if it wants to adhere to the orders of the UN’s top court.
“How do you provide aid and water without a ceasefire?” Pandor said. “If you read the order, by implication a ceasefire must happen.”
Back in South Africa, senior officials welcomed the ruling.
“It’s a watershed judgement for all those who want to see peace in Palestine,” Fikile Mbalula, secretary-general of the ruling African National Congress party, told reporters.
Solomon2
Elite Member
...At the present stage of the proceedings, the Court is not required to ascertain whether any violations of Israel’s obligations under the Genocide Convention have occurred. Such a finding could be made by the Court only at the stage of the examination of the merits of the present case. As already noted (see paragraph 20 above), at the stage of making an order on a request for the indication of provisional measures, the Court’s task is to establish whether the acts and omissions complained of by the applicant appear to be capable of falling within the provisions of the Genocide Convention(cf. Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Provisional Measures, Order of 16 March 2022, I.C.J.Reports 2022 (I), p. 222, para. 43). In the Court’s view, at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the Convention...
....At this stage of the proceedings, however, the Court is not called upon to determine definitively whether the rights which South Africa wishes to see protected exist. It need only decide whether the rights claimed by South Africa, and for which it is seeking protection, are plausible. Moreover, a link must exist between the rights whose protection is sought and the provisional measures being requested...
...The Court recalls that, in accordance with Article I of the Convention, all States parties thereto have undertaken “to prevent and to punish” the crime of genocide. Article II provides that “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;-
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group”.
42. Pursuant to Article III of the Genocide Convention, the following acts are also prohibited by the Convention: conspiracy to commit genocide (Article III, para. (b)), direct and public incitement to commit genocide (Article III, para. (c)), attempt to commit genocide (Article III, para. (d)) and complicity in genocide (Article III, para. (e)).
43. The provisions of the Convention are intended to protect the members of a national, ethnical, racial or religious group from acts of genocide or any other punishable acts enumerated in Article III. The Court considers that there is a correlation between the rights of members of groups protected under the Genocide Convention, the obligations incumbent on States parties thereto, and the right of any State party to seek compliance therewith by another State party (Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, I.C.J. Reports 2020, p. 20, para. 52)...
44. The Court recalls that, in order for acts to fall within the scope of Article II of the Convention,“the intent must be to destroy at least a substantial part of the particular group. That is demanded by the very nature of the crime of genocide: since the object and purpose of the Convention as a whole is to prevent the intentional destruction of groups, the part targeted must be significant enough to have an impact on the group as a whole.”(Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007 (I), p. 126, para. 198.)...
...On 12 October 2023, Mr Isaac Herzog, President of Israel, stated, referring to Gaza: “We are working, operating militarily according to rules of international law. Unequivocally. It is an entire nation out there that is responsible. It is not true this rhetoric about civilians not aware, not involved. It is absolutely not true. They could have risen up. They could have fought against that evil regime which took over Gaza ina coup d’état. But we are at war. We are at war. We are at war. We are defending our- 18 -homes. We are protecting our homes. That’s the truth. And when a nation protects its home, it fights. And we will fight until we’ll break their backbone.”...
54. In the Court’s view, the facts and circumstances mentioned above are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. This is the case with respect to the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article III, and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the Convention...
...The Court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law. It is gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release...
....At this stage of the proceedings, however, the Court is not called upon to determine definitively whether the rights which South Africa wishes to see protected exist. It need only decide whether the rights claimed by South Africa, and for which it is seeking protection, are plausible. Moreover, a link must exist between the rights whose protection is sought and the provisional measures being requested...
...The Court recalls that, in accordance with Article I of the Convention, all States parties thereto have undertaken “to prevent and to punish” the crime of genocide. Article II provides that “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;-
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group”.
42. Pursuant to Article III of the Genocide Convention, the following acts are also prohibited by the Convention: conspiracy to commit genocide (Article III, para. (b)), direct and public incitement to commit genocide (Article III, para. (c)), attempt to commit genocide (Article III, para. (d)) and complicity in genocide (Article III, para. (e)).
43. The provisions of the Convention are intended to protect the members of a national, ethnical, racial or religious group from acts of genocide or any other punishable acts enumerated in Article III. The Court considers that there is a correlation between the rights of members of groups protected under the Genocide Convention, the obligations incumbent on States parties thereto, and the right of any State party to seek compliance therewith by another State party (Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, I.C.J. Reports 2020, p. 20, para. 52)...
44. The Court recalls that, in order for acts to fall within the scope of Article II of the Convention,“the intent must be to destroy at least a substantial part of the particular group. That is demanded by the very nature of the crime of genocide: since the object and purpose of the Convention as a whole is to prevent the intentional destruction of groups, the part targeted must be significant enough to have an impact on the group as a whole.”(Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007 (I), p. 126, para. 198.)...
...On 12 October 2023, Mr Isaac Herzog, President of Israel, stated, referring to Gaza: “We are working, operating militarily according to rules of international law. Unequivocally. It is an entire nation out there that is responsible. It is not true this rhetoric about civilians not aware, not involved. It is absolutely not true. They could have risen up. They could have fought against that evil regime which took over Gaza ina coup d’état. But we are at war. We are at war. We are at war. We are defending our- 18 -homes. We are protecting our homes. That’s the truth. And when a nation protects its home, it fights. And we will fight until we’ll break their backbone.”...
54. In the Court’s view, the facts and circumstances mentioned above are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible. This is the case with respect to the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in Article III, and the right of South Africa to seek Israel’s compliance with the latter’s obligations under the Convention...
...The Court deems it necessary to emphasize that all parties to the conflict in the Gaza Strip are bound by international humanitarian law. It is gravely concerned about the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release...
F-22Raptor
Elite Member
Solomon2
Elite Member
The ruling refers to Article II of the Genocide Convention, which has the preamble:
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
No intent = no violation of Article II.
Fatman17
Moderator
Sure
Goenitz
Elite Member
I think Hamas has offered a new ceasefire deal, so it would pressurise at least a ceasefire. The death of 22 soldiers will also add in it.
Solomon2
Elite Member
(6) By fifteen votes to two, The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.
I didn't find anything about Israel submitting a report to South Africa, can you point it out to me, please?
This is a preliminary finding, not a ruling. It found that there are enough evidences to suggest Israel may have committed genocide so the case can go further.
On the other hand, if the court ordered Israel to take all means to avoid civilian casualty, that mean if you read between the line, you will know ICJ will most likely not going to find a case of genocide here. Because if they are convinced this is the case that Israel did commit genocide, they will not ask Israel to take all necessary means to avoid a genocide, they will simply ask Israel to stop it.
On the other hand, if the court ordered Israel to take all means to avoid civilian casualty, that mean if you read between the line, you will know ICJ will most likely not going to find a case of genocide here. Because if they are convinced this is the case that Israel did commit genocide, they will not ask Israel to take all necessary means to avoid a genocide, they will simply ask Israel to stop it.
VCheng
THINK TANK: CONSULTANT
Israel has one month to submit a report to the ICJ on all the steps it has taken.
Persian Gulf
INT'L MOD
You selectively paste a few paragraphs to further your agenda here and suddenly you think you are a legal expert?
Paragraph 82: "The report so provided shall then be communicated to South Africa, which shall be given the opportunity to submit to the Court its comments thereon."
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