Israel-Hamas war: the ICJ orders Israel to allow humanitarian access to Gaza and asks it to prevent any possible act of genocide

Conflicts 20:10 26.01.2024

On Friday the 26th of January, the International Court of Justice (ICJ) declared itself competent to rule on the dispute between South Africa and Israel. Joan E. Donoghue, President of the ICJ, opened the session and read out the decision taken by a panel of 17 judges. "The Court is fully aware of the scale of the human tragedy unfolding in the region and is deeply concerned about the continuing loss of life and human suffering," she said.

The ICJ, which sits in The Hague (Netherlands), does not rule on whether or not Israel is committing genocide. It rules on emergency orders before considering the merits of the case, a process which may take years.

Israel must take "all measures within its power to prevent and punish direct and public incitement to commit genocide", said the Court. It also ordered Israel to allow humanitarian access to Gaza. Israel must take "immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to the Palestinians to address the adverse living conditions they face".

The case has aroused strong emotions in Israel. "It's the world upside down", said Prime Minister Benyamin Netanyahu. "If there were acts that can be described as genocidal, then they were perpetrated against Israel", Israeli lawyer Tal Becker told the ICJ.

The Court's orders, which settle disputes between countries, are legally binding and cannot be appealed. However, it has no means of enforcing them. It has, for example, ordered Russia to halt its invasion of Ukraine.

Mr Netanyahu has already hinted that he would not feel obliged to follow a court order. "No one will stop us, not The Hague, not the Axis of Evil, not anyone else", he said. Hamas pledged on Thursday to abide by a ceasefire if it was called for by the ICJ, but on condition that Israel also complied.

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