International Court of Justice (ICJ) directs provisional measures are necessary to protect the rights claimed by South Africa regarding the situation in Gaza

Islamabad 27-01-2024: South Africa has filed a case against Israel for alleged violations of the Genocide Convention in Gaza. They've requested provisional measures from the Court, including the suspension of military operations in Gaza. Israel opposed these measures and sought the removal of case from the General List. Both parties presented their arguments during oral hearings, and Judges Ad Hoc were appointed. The Court eventually made a decision based on the arguments and evidence presented.

As per judgment of ICJ, the case before the Court involves South Africa alleging that Israel's actions in Gaza amount to Genocide, invoking the Genocide Convention. South Africa claims a dispute exists, citing Public Statements and Diplomatic Exchanges. Israel disputes the existence of a dispute and argues against the allegations of Genocide, emphasizing its defensive actions. The Court finds prima facie jurisdiction under the Genocide Convention, indicating that the case will proceed.

The International Court of Justice (ICJ) ruled that South Africa has standing to bring a dispute against Israel concerning alleged violations of the Genocide Convention. South Africa claimed Israel violated the Convention by allegedly committing genocidal acts against Palestinians in Gaza. Israel argued that the conflict falls under International Humanitarian Law rather than the Genocide Convention. The ICJ found that some of South Africa's claims were plausible, considering the significant harm inflicted on Palestinians in Gaza. The Court concluded there was an urgent risk of irreparable harm to the rights of Palestinians and South Africa under the Genocide Convention, prompting the need for provisional measures.

The Court finds that provisional measures are necessary to protect the rights claimed by South Africa regarding the situation in Gaza. Israel is instructed to prevent acts of genocide against Palestinians in Gaza, ensure its military doesn't commit such acts, prevent incitement to genocide, provide humanitarian assistance to Palestinians, preserve evidence of alleged genocide, and submit a report on measures taken within a month. These measures are binding, and the Court's decision doesn't prejudge Jurisdiction or the case's merits. All parties in the conflict are reminded of their obligations under International Humanitarian Law.

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