After ICJ Genocide Ruling, Israel Shows Contempt for the UN, and Its Western Allies Deepen Their Complicity in the Genocide

A screenshot of an Al Jazeera report about Israel’s ‘war’ on UNRWA (the United Nations Relief and Works Agency for Palestine Refugees in the Near East), cynically declared after last week’s devastating ruling by the International Court of Justice in relation to well-founded allegations that Israel is engaged in a genocide in Gaza.

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In a devastating ruling issued last Friday, the International Court of Justice (ICJ), “the principal judicial organ” of the United Nations, accepted a case brought by South Africa against the State of Israel “concerning alleged violations in the Gaza Strip of [its] obligations under the Convention on the Prevention and Punishment of the Crime of Genocide”, and imposed conditional measures on Israel to prevent what the Court judged to be the grave likelihood of a developing genocide.

As I explained in an article I published shortly after the ruling, “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 ordered Israel to “take all measures within its power to prevent the commission of all acts within the scope of Article II of [the] Convention”, and to “ensure with immediate effect that its military forces do not commit any of the above-described acts”, to “take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip”, and to “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”

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International Court of Justice: Israel Must Cease All Activities That May Constitute Genocide, Punish Genocidal Officials and Allow Humanitarian Aid into Gaza

Palestinian flags outside the International Court of Justice in The Hague on Friday, January 26, 2024, as the Court’s President, Joan Donoghue, read out the court’s ruling regarding provisional measures relating to South Africa’s case accusing Israel of genocide. (Photo: Patrick Post/AP).

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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.”

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Andy Worthington

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. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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