The United Nations’ top court stopped yesterday from ordering a ceasefire in Gaza over the massacre but demanded that Israel try to contain the death and damage in its military offensive on the tiny coastal enclave.
South Africa brought the case, which is at the heart of one of the world’s most intractable conflicts, and has asked the court to order Israel to stop its operations.
In a highly anticipated decision by a panel of 17 judges, the International Court of Justice decided not to throw out the case — and ordered six so-called temporary measures to protect Palestinians in Gaza.
“The court is well aware of the level of human tragedy occurring in this region and is deeply concerned about the continued loss of life and human suffering,” said Joan E. Donoghue, president of the court.
Friday’s decision is only an interim decision; it could take years for the full case brought by South Africa to be considered. Israel denies the charge of genocide and has asked the court to throw out the charge.
A protester is seen waving a Palestinian flag outside the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands, on January 26, 2024. AP
While the case winds its way through the courts, South Africa has asked the judge “as a matter of great urgency” to impose interim measures.
Top of South Africa’s list is a request for the court to order Israel to “immediately suspend its military operations in and against Gaza.” But the court refused to do so.
South Africa also asked Israel to take “reasonable measures” to prevent genocide and allow access for much-needed aid.
Police on horseback outside the Peace Palace in The Hague, Netherlands on January 26, 2024. AP
The court ruled that Israel must try to limit the death and damage.
In a statement Thursday, Palestinian Prime Minister Mohammed Shtayyeh said he hoped the decision would “include immediate action to stop the aggression and massacre of our people in the Gaza Strip … and a swift flow of aid to rescue the starving, wounded and sick from the threat of slow death that threatens them.”
On Thursday, Israeli government spokeswoman Eylon Levy said that Israel expected the court to reject the “false and false charges.”
Police man a security fence near the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands, on January 26, 2024. AP
Israel often boycotts international tribunals and UN investigations, saying they are unfair and biased. But this time, it took the rare step of sending in a high-level legal team — a sign of how seriously it is taking the case and possible concerns that any court order to halt operations would be a major blow to the country’s international standing.
An Israeli official said that Prime Minister Benjamin Netanyahu gathered with top legal, diplomatic and security officials on Thursday in anticipation of the decision. He said Israel was confident in its case but discussed “all scenarios.” The official spoke on condition of anonymity because he was discussing a confidential meeting.
Israel launched a massive air and ground attack on Gaza after Hamas militants stormed the Israeli community on Oct. 7. killed about 1,200 people, mostly civilians, and kidnapped another 250.
A view of the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands, is shown on January 26, 2024. AP
The attack has devastated large areas of the province and driven nearly 85% of its 2.3 million people from their homes.
More than 26,000 Palestinians have been killed, the Health Ministry said in the Hamas-run enclave on Friday. The ministry did not distinguish between fighters and civilians in its death toll, but said about two-thirds of those killed were women and children.
The Israeli army claims at least 9,000 of those killed in the nearly four-month conflict were Hamas militants.
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UN officials have expressed concern that more people could die from disease, with at least a quarter of the population facing starvation.
Ahead of the ruling, Marieke de Hoon, an associate professor of international law at the University of Amsterdam, said she thought the court was unlikely to overturn the case because the legal bar South Africa had to clear at this early stage was lower than the one it would have used. to make a decision on the merits of the charge.
“Standard … no, was there a massacre? But a lower standard,” he said. “Is it reasonable that there might be a risk of genocide that would give rise to Israel’s responsibility to prevent genocide?”
But De Hoon also did not expect the world court to order an end to Israeli military operations.
“I think they will refrain from calling for a full ceasefire because I think they will find that beyond their means right now,” he said in a telephone interview.
The interim measures by the world court are legally binding, but it is unclear whether Israel will comply.
How the US, Israel’s main ally, responds to any directive will be key, as it wields veto power in the UN Security Council and can thus block measures there aimed at forcing Israeli compliance.
The US has said Israel has the right to defend itself but has also spoken of the need for the country to protect civilians in Gaza and allow more aid in.
The genocide case attacks the national identity of Israel, which was founded as a Jewish state after the Nazi slaughter of 6 million Jews during World War II.
South Africa’s own identity is key to bringing the case. Its ruling party, the African National Congress, has long compared Israel’s policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which confined most blacks to the “homeland” before it ended in 1994.
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Source: thtrangdai.edu.vn/en/
