On December 29, 2023, the government of South Africa filed an application instituting proceedings against Israel before the International Court of Justice (ICJ) concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip. In its application to the ICJ, South Africa wrote that:
“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.”South Africa also asked that the ICJ indicate provisional measures with an eye to seeking a ceasefire in the conflict in Gaza.
On January 26, 2024, the International Court of Justice rendered its verdict regarding South Africa’s demand for a provisional measure requiring a ceasefire in the conflict in Gaza. While the provisional measures granted by the International Court of Justice didn’t demand an immediate ceasefire ), its ruling that the claim that Israel is in violation of the Genocide Convention (signed by 152 countries) is “plausible”, is an historical and momentous ruling.
In near unanimity, the court instructed Israel to deliver a report to South Africa in a month for its review. Israel is obliged to detail how, when and where it has taken the “compulsory measures not only to prevent genocide, but also the incitement to genocide and to allow humanitarian aid to reach the starving and destitute souls who call the devastated enclave home.”
What is implied by the ruling is that for all intent and purpose, Israel must adopt a ceasefire. South African Foreign Minister Naledi Pandor said during a news conference following the ICJ ruling,” “I believe that in exercising the order, there would have to be a ceasefire.” The ruling states as well that Israel must permit humanitarian aid to enter Gaza and not restrict it. As stated by Andrew Mitrovica in an Al Jazeera article, “Near unanimously, the court, in effect, rejected the establishment media notion that the calamity unfolding in Gaza was a ’war’ between adversaries; but, rather, is prima facie evidence of a deliberate campaign by Israel to erase, wholesale, a people and a nation.” (more...)
Enabling genocide: Trudeau, Joly and Poilievre
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