The International Court of Justice, the United Nations’ top court, has ruled that Israel must “take all measures within its power” to prevent all acts within the scope of the Genocide Convention in its war against Hamas in Gaza. The ICJ stopped short of ordering the ceasefire requested by South Africa while it hears a full case accusing Israel of genocide.
“The court considers that, with regard to the present situation, 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, in particular, A, killing members of the group, B, causing serious bodily or mental harm to members of the group, C, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, and D, imposing measures intended to prevent births within the group. The court recalls that these acts fall within the scope of Article II of the convention when they are committed with the intent to destroy in whole or in part the group as such,” said Judge Joan Donoghue, the ICJ’s president.
“The Court is also of the view that Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to the members of the Palestinian group in the Gaza Strip,” Judge Donoghue added.
