
Make no mistake about it. Today’s ruling, by the International Court of Justice, imposing provisional measures on Israel under the 1948 Genocide Convention, in response to a submission submitted by South Africa, and argued before the Court on December 29, is hugely significant.
By a majority of 15-2, and in some cases 16-1, the Court found that South Africa had established a compelling case that Israel’s actions, in response to the attacks by Hamas and other armed groups on October 7, were so severe that it is plausible that they constitute genocidal intent under Article II of the Genocide Convention; namely, “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”, via “killing members of the group”, “causing serious bodily or mental harm to members of the group”, “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”, and “imposing measures intended to prevent births within the group.”
The Court duly ordered that “Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of [the] Convention”, and “must ensure with immediate effect that its military forces do not commit any of the above-described acts.”
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker, singer/songwriter (The Four Fathers).
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