Israel is expected to submit a report to the International Court of Justice (ICJ) on Monday on the steps it took to prevent a possible genocide in Gaza. This involves assessing whether Israel has respected the provisional measures ordered by the ICJ on January 26.
South Africa, which filed a complaint, claims that Israel did not comply with the measures. “I think the court’s decisions have been ignored,” Foreign Minister Naledi Pandor said.
Here are the measures ordered by the ICJ, as we examine whether Israel has acted on the ruling over the past month.
What interim measures has the ICJ issued?
The six provisional instructions given by the ICJ on January 26 are as follows:
- Israel must take all possible measures to prevent acts of genocide, as provided for in Article 2 of the 1948 Genocide Convention.
- Israel must ensure that its army does not carry out the aforementioned actions.
- Israel must prevent the destruction of evidence of war crimes committed in Gaza and allow fact-finding missions access to it.
- Israel must submit a report to the ICJ on how it intends to implement the above measures within a month of the ruling.
- Israel must prevent and punish incitement to acts of genocide.
- Israel must ensure the provision of basic services and essential humanitarian aid to civilians in Gaza.
Did Israel follow the ICJ decision?
Article 2 of the Genocide Convention implies not killing members of a particular group and not causing physical or psychological harm to members of that group, not subjecting them to living conditions that are of nature to bring about the end of the existence of a people, and not to carry out actions intended to prevent births within this group of people.
The decision also adds that Israel is supposed to ensure that its military does not take such measures and that Israel should punish direct and public incitement to commit genocide against Palestinians in Gaza.
Between the January 26 decision and February 24, Israeli attacks killed at least 3,523 Palestinians, according to the Palestinian Health Ministry. On average, 120 Palestinians were killed every day. At least 5,250 Palestinians were injured in Israeli attacks.
Many of these attacks were air raids on central and southern Gaza throughout the month, targeting residential areas, schools, hospitals and even refugee camps. The Palestinians remaining in the northern region, now totally devastated, are starving as Israel imposes heavy restrictions on the delivery of aid.
Israel besieged al-Amal Hospital and Nasser Hospital in Khan Younis – a tactic repeated during the first phase of the war when Gaza’s largest medical facility, al-Shifa Hospital, was paralyzed by the siege and bombing. Israel has said the hospitals were used as command centers by Hamas, but it has yet to provide concrete evidence for its claims.
Israel has since partially withdrawn from Nasser Hospital but deployed snipers who fired on people approaching the south’s largest hospital.
Numerous cases of torture, killings and burning of civilian homes have been reported in blatant disregard of the ICJ order last month.
Far-right Israeli politicians and ministers have continued to use anti-Palestinian rhetoric that activists describe as genocidal, particularly openly calling for the forced displacement of Palestinians from Gaza.
Israel has also targeted Rafah, the southernmost part of Gaza which is now home to around 1.5 million Palestinians, most of whom fled the first phase of the war. Intensified air raids and bombings increased the death toll as Israeli Prime Minister Benjamin Netanyahu made clear his intention to invade the southern region bordering Egypt.
Has Israel allowed humanitarian aid to arrive in Gaza?
Human Rights Watch said Monday that Israel had failed to comply with at least one measure of the ICJ order by obstructing basic aid to Gaza and using starvation as a weapon of war.
“The Israeli government is starving Gaza’s 2.3 million Palestinians, putting them in even greater danger than before the World Court’s binding order,” said Omar Shakir, Israel and Palestine director at Human Rights Watch. . “The Israeli government simply ignored the Court’s decision and, in some ways, even intensified its repression, including by further blocking vital aid. »
The flow of humanitarian aid has been seriously affected after several Western donors, led by the United States, suspended funding to UNRWA, the United Nations agency for Palestinian refugees, following Israeli accusations. that UNRWA personnel were involved in the October 7 Hamas attacks that triggered the operation. last conflict. According to the UNRWA chief, Israel has yet to provide evidence to support its allegations.
UNRWA warned that this could lead to the agency no longer being able to provide humanitarian aid to Gaza, plunging the enclave into famine. A two-month-old baby died of starvation in Gaza City on Sunday, as famine grips the besieged enclave.
On Monday, UNRWA said that on average fewer than 100 aid trucks had arrived in Gaza per day in February, well short of its target of 500. These deliveries brought in only 50 percent of the total amount. aid delivered in January, UNRWA said in its report. latest situation update.
On some days in February, fewer than 10 trucks entered Gaza. Only seven trucks entered on February 9, nine on February 12, four on February 17 and nine more on February 19.
Bezalel Smotrich, Israel’s far-right Finance Minister, said on February 13 that he had blocked a US-funded flour delivery to Gaza because it was intended for UNRWA.
Footage from February 19, verified by Tel Aviv Tribune, showed Palestinians in northern Gaza dispersing after hearing gunshots while queuing to receive food aid. Israeli forces shot dead at least one Palestinian and injured several others when they opened fire on a crowd waiting for food.
UNRWA announced on February 7 that some of its aid trucks carrying food to Gaza were apparently bombed by Israeli forces on February 5.
What happens if Israel does not respect the ICJ decision?
If found to have failed to comply with the ICJ’s legally binding orders, any UN Security Council member state may refer the matter to the UN Security Council, which will vote then on the advisability of demanding that Israel respect the provisional measures.
If it still refuses to do so, Israel could face UN sanctions, which could include economic or trade sanctions, arms embargoes and travel bans. The United Nations Charter also allows the Security Council to go further and intervene by force.
An unfavorable court verdict could prevent Israel’s allies from sending weapons, as happened in the Netherlands, where a court blocked the supply of equipment for F35 fighter jets used to bomb Gaza. The Dutch government contested this order.
However, any sanctions could be vetoed by the United States, Israel’s closest ally. He has vetoed three ceasefire resolutions against Israel since October 7.
In the statement, HRW said other countries should pressure the Israeli government to comply with the orders through sanctions and embargoes.
