International Court’s order to stop genocide in Gaza, Pakistan welcomes

Pakistan has welcomed Friday’s International Court of Justice (ICJ) ruling on interim measures, which concluded that it had prima facie jurisdiction to hear the case against Israel and South Africa. Genocide claims are ‘acceptable’.

The International Court of Justice today ordered Israel to take measures to stop the genocide in Gaza, to stop the direct incitement of genocide and to punish it.

According to the press release of the Pakistani Foreign Office, since October 7, 2023, Israel has been engaged in military aggression and criminal acts against the Palestinian people.

The press release added: ‘We consider the ICJ’s decision timely and an important milestone in the pursuit of justice for the Palestinian people and international accountability for Israel.’

According to the statement, Pakistan demands the full and effective implementation of the ICJ judgment to uphold the basic human rights, dignity and identity of the Palestinian people in accordance with the UN Charter, relevant UN resolutions and international law. could

“Pakistan reiterates its unwavering support to the just and legitimate struggle of the Palestinian people for their inalienable right to self-determination.

It is in this spirit that Pakistan supported South Africa’s application against Israel under the 1948 Genocide Convention at the ICJ, following which the court today announced interim measures.

The International Court of Justice, located in The Hague, Netherlands, while giving a decision on emergency measures on the case of genocide of Palestinians filed against Israel, said that Israel has legal obligations at the international level.

While pronouncing the decision in the International Court of Justice, the president of the bench and the judge from the United States, John E. Donahue, said that “there is deep concern about the ongoing loss of human lives in Gaza.”

The International Court of Justice said in the judgment regarding the competence to hear the case that the International Court of Justice has the authority to decide on emergency measures in the case of genocide by Israel.

The International Court of Justice said that Israel’s request to dismiss the case was not accepted and the case will continue.

The decision added that apparently “Palestinian citizens are a protected group under the Convention Against Genocide. Israel has to ensure that genocide is not committed.”

The court said that Israel will submit a report in a month detailing the rulings in the judgment.

As the hearing began today, bench president John E. Donahue said that one of the 17 bench judges was not currently seated.

reaction:

According to AFP, South Africa welcomed the ruling of the International Court of Justice, saying that “Today is a day of decisive victory for the implementation of international law and an important milestone in the search for justice for the people of Palestine.”

Hamas has welcomed the decision of the International Court of Justice, calling it “important”. Hamas says it will “isolate Israel” and expose its crimes in Gaza.

According to Reuters, Palestine has also welcomed the order of the International Court of Justice. Palestinian Foreign Minister Riyad al-Maliki said in a televised statement on Friday that the judges of the International Court of Justice reviewed the facts and the law. He ruled in favor of humanity and international law.’

He said that all countries, including the occupying power Israel, should ensure the implementation of the measures ordered by the International Court of Justice.

Case details:

The case of genocide against Israel was filed by South Africa after the months-long Israeli aggression on Gaza, the hearing of which began on January 11.

In the preliminary hearing, South African representatives were given the opportunity to argue, during which Israel was accused of violating the UN Genocide Convention, saying that the October 7 operation by Hamas also justified the genocide of the Palestinians. Can’t offer.

The hearing of the case at the International Court of Justice continued for two days, on the second day of which Israel was given the opportunity to present its position.

Israel has described the genocide case against it as “grossly distorted” and “malicious”, saying it is not trying to destroy the Palestinian people.

On the other hand, Israel and its ally, the United States, rejected the case as baseless and vowed to defend it strongly in the International Court of Justice.

Some important questions related to the case

According to the AFP news agency, at this stage the International Court of Justice will only decide whether emergency orders (temporary measures in the court’s term) can be imposed on Israel or not.

A decision on whether Israel is committing genocide in Gaza will be a second step in the process and could take years.

Juliet McIntyre, a lecturer in international law at the University of South Australia, told AFP that at this stage South Africa does not need to prove that Israel is committing genocide, they just need to prove that Israel is committing genocide. That there is a potential threat of genocide.

He added: ‘Even if the court rules against Israel, it will mean that there is a potential threat of genocide. Not that genocide is happening.’

South Africa has asked the International Court of Justice to impose nine orders on Israel, including immediately suspending military activities and allowing further humanitarian access.

The court can order all nine orders, none of them, or different orders entirely.

Cicely Rose, assistant professor of public international law at Leiden University, said: ‘It seems likely that the court will grant some of the requests made by South Africa. Israel argued during the hearings that the cease-fire is unrealistic because the court can only order one party, as Hamas is not part of the court proceedings.

McIntyre, another legal expert, said: ‘The court could order a cease-fire, but in my opinion it is more likely to ask Israel to take steps to ensure access to adequate food, water and humanitarian aid. .’

What matters is whether Israel will abide by any possible ruling by the International Court of Justice. Israeli Prime Minister Benjamin Netanyahu has already indicated that he is not bound by the court.

McIntyre, however, said that regardless of Israel’s response, the decision will have significant implications.

According to him: ‘If the court decides that there is a ‘threat’ of genocide, it makes it very difficult for other countries to continue supporting Israel. The international community may withdraw military or other support for Israel.’

Member states are bound by the International Court of Justice’s rulings, but it does not have the power to enforce them, and some states ignore them entirely, for example Russia’s refusal to stop its invasion of Ukraine. .

Finally, there is also a symbolic aspect to it, given that Israel may lose moral support.

Who are the judges involved in the International Court of Justice?

The International Court of Justice Website According to the current number of judges is 15, however, South Africa and Israel have specially appointed one additional judge to hear the case. Both judges are distinguished figures in their countries with extraordinary personal histories.

This court makes decisions by simple majority which is legally binding but the court has no mechanism to enforce its decision.

Digong Mosineke

Degang Mosinike, 76, is one of South Africa’s most senior retired judges. He fought against caste discrimination and played an important role in establishing democracy in the country.

He was imprisoned at the age of 15 for protesting racial discrimination. He spent 10 years in South Africa’s notorious Robben Island prison where he befriended Nelson Mandela.

Moseneke studied for a university degree while behind bars and worked as a lawyer after his release.

Mandela later asked him to help draft South Africa’s interim constitution and oversee the country’s first democratic elections.

According to Franz Viljoen, a professor of international human rights law at the University of Pretoria, Moseneke ‘has a reputation for fair thinking and for examining all aspects of a case and following the facts in a case.’

He was appointed to the Constitutional Court of South Africa in 2002. He was appointed Deputy Chief Justice in 2005 and held the post till his retirement in 2016.

Aaron Barak

Barak, 87, was born in 1936 in Lithuania. He is a Holocaust survivor and former Chief Justice of Israel’s Supreme Court.

He is one of the few children who survived the ghetto in the central Lithuanian city of Kovino (Kons) during World War II. Calling his survival a miracle, he said, ‘I have never feared death since this incident.’

Barak is taken out of the ghetto by his mother and locked in a bag, where the uniform is kept. This bag was manufactured in the same township.

He moved to then British Mandate Palestine in 1947, a year before Israel was created.

Between 1975 and 1978, Barak served as Israel’s Attorney General.

He was appointed to the Supreme Court in 1978 and retired after serving as Chief Justice from 1995 to 2006.

Barack is known as a champion of Supreme Court activism. He has been a vocal critic of Israeli Prime Minister Benjamin Netanyahu, whose judicial reforms last year deeply divided the public.

Jon E. Donoghue

Other judges of the International Court of Justice include its president, John E. Donoghue, who hails from the United States. She has been a member of the court since September 9, 2010.

Kirill Giorgian

Vice President Kirill Gevorgyan is from the Russian Federation. He has been a judge of the court since February 6, 2015 and became the vice president on February 8, 2021.

Peter Tomka

The judge of the court, Peter Tomka, is a citizen of Slovakia. He has been a member of the court since February 6, 2003 after re-election. From 2012 to 2015, he was the president of this court. Previously served as Vice President from 2009 to 2012.

Ronnie Abraham

Judge Ronnie Abraham is from France. He has been a part of the court since 2018.

Mohamed Benouna

Judge Mohammed Binnouna is a citizen of Morocco. He is part of the court after his re-election in 2015.

Abdul Qavi Ahmed Yusuf

Judge Abdul Qawi Ahmed Yusuf is a citizen of Somalia. He is part of the court after being re-elected in February 2018.

Xiv Hankin

The female judge, Xiao Hanqin, is a Chinese national. He will be part of the court again in 2021.

Julia Sabutande

The female judge, Julia Sabutande, is from Uganda. He will be part of the court again in 2021.

Dilveer Bhandari

Judge Dilveer Bhandari is an Indian citizen. He became part of the court for the second time in 2018.

Patrick Lupton was Robin

Judge Patrick Lipton Robinson is from Jamaica. He has been a member of the court since 2015.

Nawaf Salam

Judge Nawaf Salam is Lebanese. He has been part of the court since 2018.

Ayosawa Yuji

Judge Ayosawa Yuji, who joined the court, is from Japan. He became part of the court again in 2021.

George Nolte

Judge Georg Nolte of the International Court of Justice is a German citizen. He has been a judge of the court since 2021.

Hilary Charlesworth

The female judge, Hilary Charlesworth, is an Australian citizen. He has been a judge since 2021.

Leonardo Neymar Caldera Brant

Judge Leonardo Neymar Caldera Brant, a citizen of Brazil, joined the International Court of Justice in November 2022.

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