The International Court of Justice based in The Hague on Friday found it “plausible” that Israel was committing acts in Gaza that constituted genocide. It does not go into the heart of the matter – it was not its responsibility now and it will take years to do so – nor does it prescribe a ceasefire, but declares itself responsible for investigating the allegations made by South Africa and asks Israel to take all necessary measures to prevent the commission of genocide against the population of the Gaza Strip. The president of the court, Joan E. Donoghue, has asserted that “at least some of the acts and omissions alleged by South Africa” could be classified within the Convention on the Prevention and Punishment of the Crime of Genocide, approved by the General Assembly of the UN in 1948.
Article II of the Convention lists five acts that could constitute genocide if their commission can be proven. “with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” The first is the killing of members of that group; the second violation of their physical or mental integrity. The president of the court referred this Friday to the “large number of deaths and injuries” caused by the Israeli offensive. After clarifying that the numbers “cannot be independently verified,” he cited 25,700 dead and more than 63,000 wounded, representing more than 1% of the population and exceeding the first month of the war in Ukraine in daily deaths. The worst in Iraq. These data are virtually identical to those provided by the Hamas government's Health Ministry in Gaza on Friday.
Donoghue also recalled that more than 360,000 housing units were destroyed or partially damaged, citing data from the UN Coordination Office for Humanitarian Affairs. According to the Palestinian Central Bureau of Statistics, 2.3 million people lived in Gaza before the war, an average of 5.6 people per household. This suggests that the homes of 87% of the population were damaged. It is estimated that half a million Gazans will have nowhere to return if the conflict ends tomorrow.
The president transmitted further information from the UN: 1.7 million Gazans had been driven from their homes. The vast majority are in the south, where the Israeli army is currently concentrating its offensive, particularly in the city of Khan Younis. They survive on days characterized by cold and rain, crammed into shelters, private houses or tents, trying to eat at least once a day. The president has cited statements from United Nations agencies such as its emergency relief coordinator, Martin Griffiths, who warned earlier this month that “Gaza has simply become uninhabitable” and that “famine is imminent.” or the World Health Organization, which has reported critical levels of hunger in 93% of the population.
These elements refer to the third section of Article II: “Intentional subjection of the group to conditions of existence which must lead to its total or partial physical destruction.” The court will later determine whether there is intent on the Israeli side. For now, he justified his interim measures by saying that “the catastrophic humanitarian situation in Gaza is in serious danger of deteriorating” before making a ruling.
incitement
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Another element of the exhibition was the accusation of “incitement to genocide”. In Israel in recent weeks, press commentators opposing Prime Minister Benjamin Netanyahu have claimed that the extreme statements made by his far-right coalition partners and the most radical lawmakers in his Likud party have made it easier for Israel to end up in the dock. from The Hague; because South Africa partly supports its complaint in public statements by ministers, MPs, soldiers and even artists.
They pointed to Legacy Minister Amijai Eliyahu, who considered launching a nuclear bomb on the Gaza Strip; or the Vice President of Parliament, Nissim Vaturi, for his call to “wipe Gaza from the face of the earth,” where “there are no more innocents,” and to “eliminate” the 100,000 Palestinians he estimates remain in the north of the Gaza Strip. Another Likud lawmaker, Tally Gotlib, called for “not to feel sorry for the innocent residents of the Gaza Strip” because “there are none,” and her party colleague Galit Distel Atbaryan, former public diplomacy minister, called on the army to behave “vindictively and cruelly”. Behavior. “.
However, the President of the Court did not limit himself to marginal examples, but rather selected three statements from important personalities. The first came from Defense Minister Yoav Gallant, when he announced a “total siege” of the Gaza Strip – “no electricity, no food, no fuel” – and the abolition of “all borders” to combat Hamas’s “human animals”.
The second, shortly after the start of the war, from President Isaac Herzog, who is considered a moderate by the Labor Party and internationally and tried to stop Netanyahu's judicial reform: “There is an entire nation responsible.” The claim that the civilian population knew nothing about it and did not was involved is not true.” The president also quoted then-Energy and current Foreign Minister Israel Katz: “We will fight and destroy the terrorist organization Hamas.” The entire population of Gaza was ordered to leave the Gaza Strip immediately. We will win. They will not receive a drop of water or a single battery until they leave the world.”
The choice of wording appears to support the South African thesis that “incitement to genocide” cannot be portrayed as an isolated phrase from “runaway groups” but rather emanates “from the highest levels” of government. On the contrary, Israel argues that these words have not been translated into actions. To support this, he submitted to the court more than 30 minutes and declassified documents, both from government meetings and communications between military commanders, in which he authorized the entry of humanitarian aid into the Palestinian enclave and recommended the establishment of field hospitals and the crackdown The New York Times reported Thursday that a hospital ship offered by several countries would be brought to the coast of Gaza.
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