The United Nations’ top court on Friday did not order a ceasefire in Gaza in a genocide case, but demanded that Israel try to contain the death and damage in its military offensive in the small coastal enclave.
South Africa brought the case, which goes to the heart of one of the world’s most difficult conflicts, and had asked the court to order Israel to stop its operation.
In the long-awaited decision by a panel of 17 judges, the International Court of Justice decided not to dismiss the case and ordered six so-called provisional measures to protect Palestinians in Gaza.
“The court is acutely aware of the scope of the human tragedy unfolding in the region and is deeply concerned by the continued loss of life and human suffering,” said Joan E. Donoghue, president of the court.
Friday’s decision is only provisional; It could be years before the full case brought by South Africa is considered. Israel rejected the accusation of genocide and asked the court to dismiss the charges.
A protester is seen waving the Palestinian flag in front of the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands, on Jan. 26, 2024. AP
As the case moves through the courts, South Africa has asked judges “with extreme urgency” to impose interim measures.
At the top of the South African list was 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 called on Israel to take “reasonable measures” to prevent genocide and allow access to desperately needed aid.
Police stand on horseback in front of the Peace Palace in The Hague, Netherlands, on Jan. 26, 2024. AP
The court ruled that Israel must try to limit deaths and damage.
In a statement Thursday, Palestinian Prime Minister Mohammed Shtayyeh said he hoped the decision “would include immediate actions to stop the aggression and genocide against our people in the Gaza Strip… and a rapid flow of humanitarian aid to save the hungry, wounded and sick from war.” the threat of slow death that threatens them.”
On Thursday, Israeli government spokesman Eylon Levy had said Israel hoped the court would dismiss the “spurious and misleading 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 Jan. 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 a high-level legal team, a sign of how seriously it views the case and likely fear that any court order to halt operations would be a serious blow to the country’s international standing.
An Israeli official said Prime Minister Benjamin Netanyahu met with senior legal, diplomatic and security officials on Thursday in anticipation of the ruling. He said Israel is confident in his case, but discussed “all scenarios.” The official spoke on condition of anonymity because the meetings were confidential.
Israel launched its massive air and ground attack on Gaza after Hamas militants stormed Israeli communities on October 7, killing about 1,200 people, mainly civilians, and kidnapping another 250.
A view of the Peace Palace, which houses the International Court of Justice, or World Court, in The Hague, Netherlands, on Jan. 26, 2024. AP
The offensive has decimated vast areas of the territory and expelled almost 85% of its 2.3 million inhabitants from their homes.
More than 26,000 Palestinians have been killed, the Health Ministry in the Hamas-run enclave said on Friday. The ministry does not differentiate between combatants and civilians in its death toll, but has said that around two-thirds of those killed were women and children.
The Israeli military says at least 9,000 of those killed in the nearly four-month conflict are Hamas militants.
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UN officials have expressed fears that even more people could die from disease, and that at least a quarter of the population could face famine.
Before the ruling, Marieke de Hoon, an associate professor of international law at the University of Amsterdam, said she thought the court was unlikely to dismiss the case, as the legal hurdle South Africa must overcome at this early stage is lower than the that would be applied to rule on the merits of the accusation.
“The standard… is not: has there been genocide? But a lower standard,” she said. “Is it plausible that there could have been a risk of genocide that would invoke Israel’s responsibility to prevent genocide?”
But De Hoon also did not expect the world court to order an end to Israel’s military operation.
“I think they will avoid calling for a complete ceasefire because I think they will find it beyond their capabilities at this time,” he said in a telephone interview.
The world court’s interim measures are legally binding, but it is unclear whether Israel will comply with them.
How the United States, Israel’s main ally, responds to any order will be key, as it wields veto power in the UN Security Council and could therefore block measures there aimed at forcing compliance. Israel.
The United States 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 in more aid.
The genocide case attacks the national identity of Israel, which was founded as a Jewish state after the Nazi massacre of 6 million Jews during World War II.
South Africa’s own identity is key to making the case. His ruling party, the African National Congress, has long compared Israel’s policies in Gaza and the West Bank to its own history under the white minority apartheid regime, which restricted most blacks to their “homelands” before to finish in 1994.
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Source: vtt.edu.vn