The International Court of Justice (ICJ) on Friday issued precautionary orders against Israel, asking it to take “immediate and effective” steps to prevent the commission of a genocide in Gaza and to punish any incitement to the extermination of Palestinians in the Gaza Strip, though no “ceasefire” was necessary as requested by South Africa.

The list of nine precautionary measures that South Africa had urgently requested from the United Nations highest court were reduced to sixall intended for to urge Israel to avoid genocide against Palestinian civilians in Gazaalthough without any orders aimed at ending its military activities in the Strip, the measure that led to Pretoria’s request.

The Court considered the risk of genocide against a specific group, the Palestinians in Gaza, ‘plausible’ and based itself on the arguments put forward by South Africa during the hearing on January 11. There is a risk that this group will be “irreparably harmed” by the offensive Israel launched after the Islamist group Hamas’ attack on October 7, which killed 1,200 people.

The ICJ demanded that Israel, as a first precaution, “take all measures within its power to prevent the commission of all acts” contained in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (1948), which : among other things, prohibits ‘killing members of the group’ or ‘intentionally imposing on them living conditions intended to cause their physical destruction in whole or in part’.

In this sense, as a second measure, Israel must “ensure with immediate effect that its army does not commit any of the acts prohibited by the Convention” and at the same time “take all measures in its power to prevent Israel and punish of the direct and public incitement to genocide of civilians in Gaza.

“The Israeli State will take immediate and effective measures to enable the delivery of urgently needed basic services and humanitarian assistance to address the adverse living conditions of Palestinians in the Gaza Strip,” the ICJ said in a fourth precautionary measure.

Likewise, he added in the next two demands, the Israeli government must prevent the destruction, ensure the preservation of all evidence related to this case, which surrounds the violation of the Genocide Convention, and within one month to report. it explains “all measures taken” to comply with these orders.

These are precautionary measures being applied while the substance of the proceedings initiated against Israel for alleged violation of the Treaty with its offensive in Gaza are taking place, although these measures do not constitute legal confirmation that Israel has committed genocide, nor a ruling on the case. itself, something that will take years to come to fruition.

The International Court of Justice also today confirmed that it has prima facie jurisdiction over the filing of interim measures by South Africa, although this is not a decision on official jurisdiction over the entire procedure, which could still be discussed at a later stage are decided.

A group of about 300 people, carrying pro-Palestinian flags and posters, watched the hearing via a screen installed in front of the court.

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In an initial response to these measures, South Africa’s Minister of International Relations, Naledi Pandor, warned that “without a ceasefire, none of the requested measures” “could be implemented” and was of the opinion that a halt of hostilities is “essential”. for the Israeli state to follow the court’s orders.

For his part, Israeli Prime Minister Benjamin Netanyahu assured that the accusation of genocide against Israel “is not only false, but also outrageous,” and welcomed the court’s failure to issue a ceasefire order.

Hamas welcomed the International Court of Justice decision, considering it “an important development that contributes to isolating the (Israeli) occupation and exposing its crimes in Gaza.”

Following the Hamas attack on October 7, the Israeli army launched a military offensive in Gaza, killing nearly 26,000 Palestinians, wounding more than 63,700 and displacing 1.9 million in an area inhabited by 2.3 million people. (JO)