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It is expected to be issued international justice Court Today its decision on the request for precautionary measures, in the genocide lawsuit brought by the Republic South Africa Against Israel.
The request submitted by South Africa includes reference to temporary measures to protect against further serious crimes and the irreparable harm to the rights of the Palestinian people under the Genocide Convention.
If the court adopts these measures, this decision will be binding on Israel, while the process of examining the basis of the case is expected to take many years.
What will happen?
The International Court of Justice will announce its decision on South Africa's request for an injunction live, at a public hearing on Friday afternoon.
During the reading of the decision, 17 judges, including 15 permanent judges on the court, and judges appointed by Israel and South Africa specifically for this case, will be present in the courtroom.
The decision will be read in English by the president of the court, American Judge Joan Donoghue, and then the session will end with the court’s chief registrar, Philippe Gauthier, reading a summary of the decision in French.
The states parties to the case will not make any presentations or statements at the sessions in which the decision will be announced, and the parties’ lawyers will be present in the courtroom and hear the decision.
Decision on precautionary measures
The decision that the court will issue is not related to whether Israel has acted in contravention of the Convention GenocideIt only means temporary measures that the parties must adhere to, until the final decision in the case is made, to prevent damage that may result from possible genocide.
The Court considers that it is sufficient for South Africa to provide reasonable justifications in its review of applications for precautionary measures, and will review it to determine whether genocide has occurred in Gaza strip.
The court is likely to decide on precautionary measures, in line with South Africa's demands, as it does not require final conclusions regarding the commission of the crime of genocide, and considers reasonable justifications to be sufficient.
Even if the Court does not accept all of South Africa's claims, it is expected that a decision will be issued, stipulating that the necessary measures be taken to ensure that the rules of international law are observed during The Israeli war on GazaEnsuring the return of displaced persons to their homes and their access to humanitarian assistance, including adequate food, water, fuel, medical and hygiene materials, shelter and clothing.
Is the decision binding?
According to the Court's Charter, the decisions it makes are binding on the parties, but are not binding on other states.
The court shall notify the relevant institutions in United nations With the decisions it takes, if Israel does not comply with the possible decision of the court, South Africa can present the case to the Security Council and request that the necessary measures be taken to implement the court’s decision.
Since the court does not have its own military force, or body to implement its decisions, the implementation of these decisions is largely subject to discretion Security Council of the United Nations.
Other countries will likely find it more difficult to openly provide military and political support to Israel, due to the political pressures that will arise as a result of the court's decision.
South Africa is asking the court to issue nine interim decisions, including:
- To order Israel to cease military operations in Gaza immediately, and not to take steps that would enhance any military operation in Gaza by any group under its control.
- Take all necessary measures to prevent genocide against Palestinians, refrain from any action that falls within the scope of Article 2 of the Genocide Convention, and ensure the return of displaced persons to their homes and access to humanitarian assistance.
- Take the necessary steps to punish those involved in acts of genocide, preserve evidence of genocide, and not prevent international personnel and other officials from accessing Gaza for this purpose.
- Submit regular reports to the court on the implementation of the aforementioned measures, and refrain from actions that would complicate or prolong the case.
It is noteworthy that on January 11 and 12, the Court of Justice held two public hearings, as part of the start of consideration of the lawsuit filed by South Africa against Israel on charges of committing genocide crimes against Palestinians in the Gaza Strip.
