In a landmark announcement that has drawn global attention, President Jean Donoghue of the International Court of Justice delivered a pivotal statement outlining provisional measures to be implemented by Israel on Friday 26 January 2024.
The judges voted for the provisional measures on various items either 16 for and 1 against or 15 for and 2 against.
Whilst Australian Muslims eagerly await our government’s response, it should be noted that Judge Hilary Charlesworth who is on the ICJ panel is Australian, and voted with majority of judges to implement these orders against Israel.
This significant development marks a crucial moment in international law and diplomacy, as the world awaits the implications of these measures on the regional and international stage.
The statement, which was read out in a session attended by key international figures, sets the tone for a new chapter in the longstanding and complex geopolitical landscape of the Middle East.
President Donoghue referred to United Nations Resolution 96, which defines the Crime of Genocide being a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings.
Such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups and is contrary to moral law and to the spirit and aims of the United Nations.
She continued, “In view of the fundamental values sought to be protected by the genocide convention, the court considers that… the right of Palestinians in the Gaza strip to be protected from acts of genocide and related prohibited acts identified in Article 3 of the Genocide Convention… are of such a nature that [taking no action will cause] irreparable harm.”
President Joan Donoghue stated:
The military operation conducted by Israel after 7October, 2023 has resulted in tens of thousands of deaths and injuries and the destruction of homes, schools, medical facilities, and other vital infrastructure. As well as displacement on a massive scale. The court notes that the operation is ongoing, and that the prime minister of Israel announced on 18 January 2024 that the war “will take many more long months.”
At present many Palestinians in the Gaza strip have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating.
The World Health Organization has estimated at 15% of the women giving birth in Gaza strip are likely to experience complications and indicates that maternal and newborn death rates are expected to increase due to the lack of access to medical care. In these circumstances, the court considers that the catastrophic humanitarian situation in the Gaza strip is at serious risk of deteriorating further before the court renders its final judgment.
The court’s orders have binding effect and thus create international legal obligations [upon Israel].
The following provisional measures were ordered:
- 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 the Palestinians in Gaza, take all measures within his power to prevent the commission of all acts within the scope of Article 2 of the 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. - The state of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above.
- 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.
- The state of Israel shall take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza strip.
- 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 2 and Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza strip.
- 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 the order.
Israel must implement these measures immediately, and has one month to report back on its status of compliance with these measures.
Senior international figures expect that if Israel does not comply with these orders in a timely manner, South Africa will exercise its right to submit a request to the UN Security Council to take decisive action to implement persuasive actions upon Israel. This could include actions such as the implementation of binding sanctions against it.
In the unfolding international scenario, two distinct outcomes loom on the horizon.
On one hand, the imposition of sanctions against Israel could be a real possibility. Such measures would potentially exacerbate the economic strain already felt due to the Houthi blockade of the Red Sea. If implemented, these sanctions could significantly cripple Israel’s economy, deepening its isolation on the global stage.
On the other hand, the US would likely veto any vote against Israel at the UN Security Council. Should this occur, it could reinforce the growing global alienation of many countries from the USA. This is trend that notably began on December 12th 2023, when the international community overwhelmingly voted against the US stance on a proposed ceasefire.
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