Important ruling from the International Court of Justice in The Hague on the genocide case against Israel

The International Court of Justice in The Hague has ruled that it has the jurisdiction to issue provisional measures in the case brought by South Africa alleging that Israel has violated its obligations under the Genocide Convention. Israel's request to dismiss the case was rejected, and it was decided that the merits of the genocide case will be heard.

The International Court of Justice stated that the humanitarian tragedy unfolding in Gaza is a source of great concern and emphasized that it is extremely sensitive to this issue. With the rejection of Israel's request to dismiss the case, proceedings regarding the genocide case will continue.

Statement by the President of the Court:

Within the framework of the decision, the urgency of the current situation was primarily taken into account. Hamas carried out an attack against Israel on October 7. Subsequently, a very serious operation was launched by Israel. A large portion of the population in Gaza has been displaced, and various impacts on civilians have been demonstrated. A large number of people have lost their lives. There are UN bodies monitoring the process here. The Court is aware of the scale of the human tragedy. The consequences of the steps taken by Israel will be examined. Under the Genocide Convention, Israel has rejected the allegation that it has committed acts of genocide in a ministerial letter. It was stated by Israel that "the accusation of genocide is both inappropriate and legally baseless." The disputes between the parties have been identified.

REQUEST FOR DISMISSAL REJECTED

Requests for provisional measures are being discussed. According to the Court's view within the scope of South Africa's application, it has been determined that some of South Africa's claims may fall within the articles of the Convention. The Court has decided that it has the jurisdiction to hear this case. The Court rejects Israel's request for the case to be dismissed.

WHAT WERE SOUTH AFRICA'S DEMANDS?

In the case filed by South Africa against Israel on December 29, 2023, the allegation of violation of obligations under the Genocide Convention was recalled. South Africa requested provisional measures to ensure that the rights of the Palestinian people under the Genocide Convention are not harmed.

South Africa requested the International Court of Justice to implement provisional measures to compel Israel to refrain from committing genocide, to prevent genocide, and to punish the perpetrators of genocide. These provisional measures aimed to prevent the situation from worsening while the legal process continues.

South Africa's demands were as follows:

For Israel to immediately suspend its military operations in Gaza,

For Israel to ensure that any group under its control does not advance any military operations in Gaza,

For Israel to take all reasonable measures within its power to prevent genocide against Palestinians,

For Israel to refrain from any acts falling under Article 2 of the Genocide Convention,

For Israel to enable displaced persons to return to their homes and ensure access to humanitarian aid,

For Israel to take necessary steps to punish those involved in genocide,

For Israel to preserve evidence of genocide and to refrain from preventing access to Gaza by international officials for this purpose,

For Israel to submit a report to the Court on the implementation of the measures taken,

For Israel to refrain from any actions that would complicate or extend the legal process.

FIRST RESPONSE FROM PALESTINE TO THE RULING IN THE HAGUE

In a statement issued by the Palestinian Ministry of Foreign Affairs, it was expressed that the decision rendered by the International Court of Justice was welcomed.