In its decision, the International Court of Justice (ICJ) ordered six provisional measures, including that Israel refrain from acts under the Genocide Convention, prevent and punish direct and public incitement to genocide, and take immediate and effective measures to ensure the provision of humanitarian aid to civilians in Gaza. The court also called on Israel to preserve evidence of genocide and to submit a report to the court, within one month, on any measures taken pursuant to its ruling.
– Today’s decision is an authoritative reminder of the crucial role that international law plays in preventing genocide and protecting all victims of atrocity crimes. It sends a clear message that the world will not stand idly by as Israel conducts a ruthless military campaign to decimate the population of the Gaza Strip and inflict terror and suffering on Palestinians on an unprecedented scale, said Agnès Callamard, Secretary-General of Amnesty International International.
– However, the ICJ’s decision in itself cannot end the atrocities and devastation that the people of Gaza are witnessing. Alarming signs of genocide in Gaza and Israel’s apparent disregard for international law underscore the urgent need for pressure on Israel to stop attacks on Palestinians. An immediate ceasefire by all parties is required, and although not ordered by the court, it is the most effective condition for implementing the interim measures and ending the immense suffering of the civilian population.
– The stakes could not be higher – the ICJ’s provisional measures indicate that the Court considers the survival of Palestinians in Gaza to be threatened. The government of Israel must immediately comply with the ICJ’s decision. All states – including those that were critical of or opposed to South Africa’s notification of the genocide case – have a clear obligation to ensure that these measures are implemented. World leaders from the US, UK, Germany and other EU states must respect the court’s legally binding ruling and do everything in their power to fulfill their obligation to prevent genocide. Failure to do so would be a serious blow to the credibility and confidence in the international legal order.
States must also take urgent measures to prevent ongoing international crimes, including by introducing a comprehensive arms embargo against Israel and Palestinian armed groups.
Amnesty International has warned of the risk of genocide in Gaza due to the shockingly high death toll among Palestinians, the widespread destruction caused by Israeli bombing and the deliberate denial of humanitarian aid as part of the ongoing illegal blockade. This creates appalling levels of suffering for Gaza’s civilian population.
Other warning signs include racist and dehumanizing rhetoric from some Israeli government officials, including Israeli Prime Minister Benjamin Netanyahu, and Israel’s history of oppressing and discriminating against Palestinians through its apartheid system. When there is a risk of genocide, all states have an obligation under international law to act to prevent the commission of genocide.
Over 26,000 Palestinians, mostly civilians, have been killed by Israel’s bombing of Gaza, with around 10,000 still missing during the raids. At least 1.8 million Palestinians are displaced in Gaza, now internally displaced, and are deprived of access to adequate food, water, shelter, sanitation and medical assistance.
Amnesty International calls on Israel, Hamas and other Palestinian armed groups to immediately suspend all military operations in Gaza.
Israel must lift its illegal and inhumane siege and allow unhindered and unconditional humanitarian aid that is vital to Palestinians, who are suffering from a deliberate famine. We call on Hamas and other Palestinian armed groups to release all civilian hostages still being held captive.
BACKGROUND
On 29 December 2023, South Africa submitted a complaint against Israel to the ICJ under the Convention on the Prevention and Punishment of Genocide over allegations of acts of genocide against the Palestinian people following the 7 October 2023 attacks by Hamas and other armed groups, in which nearly 1,200 people, mostly civilians , were killed in Israel and about 240 were taken hostage. Negotiations on South Africa’s request for provisional measures took place in The Hague on 11 and 12 January 2024.
The 84-page complaint from South Africa accuses Israel of “acts and omissions of a genocidal nature, as they are committed with the necessary specific intent… to destroy Palestinians in Gaza as part of the wider Palestinian national, racial and ethnic group.”
The International Court of Justice is the principal judicial organ of the United Nations (UN). It does not adjudicate individual criminal responsibility, but the Court’s role is to decide, in accordance with international law, legal disputes referred by States, including those concerning the interpretation, application or compliance with the Genocide Convention and the responsibility of a State for genocide.
Article 94 of the UN Charter provides that the judgments of the ICJ are binding on the parties to the dispute and that, if they are not implemented, the Security Council may issue recommendations or decide on measures to implement the judgment.
