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International Court of Justice Issues Provisional Measures in South Africa’s Case Against Israel

The International Court of Justice (ICJ) in The Hague delivered a significant order today in response to South Africa’s case against Israel, which was filed on December 29, 2023. The case, centered on alleged violations of the Genocide Convention, accuses Israel of committing genocide in Gaza through both acts and omissions.

While the Court refrained from ruling on whether the Genocide Convention has been breached or if genocide has occurred, it asserted the necessity of provisional measures to safeguard the rights outlined in the Convention.

Norwegian Minister of Foreign Affairs, Espen Barth Eide, highlighted the Court’s decision, stating, “The Court states that there is a risk of violation of the rights under the Genocide Convention, and imposes a number of restrictions and obligations on Israel for its warfare in Gaza. Among other things, Israel must prevent acts that violate the Genocide Convention.”

The Court’s order places certain restrictions and obligations on Israel concerning its activities in Gaza, emphasizing the immediate need for basic services and humanitarian assistance to the population. Minister Eide expressed concern about the catastrophic situation in Gaza, with the United Nations warning of an imminent risk of famine. He urged the importance of increased humanitarian aid to the region.

Minister Eide commended the swift and thorough nature of the Court’s provisional measures. He stressed that Israel must report to the Court on all implemented measures within one month. The Minister emphasized the essential role of respecting the Court’s decisions, stating, “Respect for the Court is essential to strengthen the adherence to international law, and we expect Israel to fully respect the Court’s order.”

Acknowledging Israel’s right to self-defense, Minister Eide reiterated that such defense must operate within the boundaries of international law. The statement reflects Norway’s commitment to upholding the principles of international law and promoting a resolution that ensures the protection of human rights in the region.

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