Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

Full text: Order of 26 January 2024

Individual judge opinions

All the documents relating to this case are on its ICJ webpage

@aaro@hexbear.net provided an overview in the comments

The full text of the operative clause of the Order reads as follows: “For these reasons, THE COURT , Indicates the following provisional measures:

(1) By fifteen votes to two, The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:

(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; and

(d) imposing measures intended to prevent births within the group;

[...]

(2) By fifteen votes to two, The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;

[...]

(3) By sixteen votes to one, The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;

[...]

(4) By sixteen votes to one, The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip;

[...]

(5) By fifteen votes to two, The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip;

[...]

(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.

omissions by "[...]" are just the names of each judge and whether they approved or dissented.

  • plinky [he/him]
    ·
    9 months ago

    hue is short and sweet

    Israel:

    As a judge in the Israeli Supreme Court, I wrote that every Israeli soldier carries with him (or her), in their backpack, the rules of international law

    that means that they follow them mate?

    The Israeli Supreme Court has also held that torture may not be used during the interrogation of terrorists6, that religious sites and clergy must be protected, and that all captives must be afforded fundamental guarantees

    What even is al-aqsa, who the fuck knows

    However, some proof of intent is necessary. At the very least, sufficient proof to make a claim of genocide plausible.

    Doesn't matter what bibi and ben gevir says, just ignore it, all good

    the Court omits to mention that such figures come from the Ministry of Health of Gaza, which is controlled by Hamas. They are not the United Nations’ figures. Furthermore, these figures do not distinguish between civilians and combatants, or between military objectives and civilian objects. It is difficult to draw any conclusions from them

    Hamas-run health care ministry again :scaredscared

    For example, on 29 October 2023, Israel’s Minister of Defence, stated that “we are not fighting the Palestinian multitude and the Palestinian people in Gaza”. On 29 November 2023, the President of Israel said that “Israel is doing all it can, in cooperation with various partners, to increase the flow of humanitarian aid to the citizens of Gaza”. Regretfully, the Court did not take note of these statements. Finally, regarding the statements made by the Minister of Energy and Infrastructure, the latter is not an official with authority over the military. The relevant factual basis allowing for an inference of intent to commit genocide must stem from the organs which are capable of having an effect on the military operations.

    See, turning off energy is irrelevant

    I have noted the concerning statements by some authorities, which I am confident will be dealt with by the Israeli institutions.

    Yeah, mate seen for last 80 years

    Genocide is a shadow over the history of the Jewish people, and it is intertwined with my own personal experience. The idea that Israel is now accused of committing genocide is very hard for me personally, as a genocide survivor deeply aware of Israel's commitment to the rule of law as a Jewish and democratic State.

    Such a shithead stg