The importance of the provisional measures indicated by the ICJ rests in the fact that it places on public record the court’s orders and views on the situation in Gaza.
Author
Venu Rajamony, Professor of Diplomatic Practice, O.P. Jindal Global University, Sonipat, Haryana, India; Former Ambassador of India to the Netherlands, with responsibility for the ICJ.
Summary
On January 26, 2024, a 17-judge bench of the International Court of Justice (ICJ) indicated provisional measures in the case filed by South Africa accusing Israel of violations of the Convention on the Prevention and Punishment of the Crime of Genocide, lighting a beacon of hope for an end to the war in Gaza.
The interim orders refrained from calling for an immediate ceasefire, much to the dismay of the people of Gaza and their supporters. However, it recognised that the catastrophic humanitarian situation in Gaza is at serious risk of deteriorating further and there is a real and imminent risk that irreparable prejudice will be caused to the rights of the people of Gaza.
The ICJ in its provisional measures ordered Israel to:
1. Take all measures within its power to prevent the commission in Gaza of all acts tantamount to genocide, in particular: (a) killing (b) causing serious bodily or mental harm
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, and (d) imposing measures intended to prevent births.
2. Ensure with immediate effect that its military does not commit any acts described above.
3. Take all measures within its power to prevent and punish the direct and public incitement to commit genocide.
4. Take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to Palestinians in the Gaza Strip.
5. Take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations.
6. Submit a report within one month detailing its compliance with the measures.
Published in: The Week
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