Middle East

ICJ decides that situation in Gaza does not demand additional provisional measures

From CNN's Mitchell McCluskey

The International Court of Justice (ICJ) decided on Friday that the “perilous situation” in the Gaza strip does not demand further provisional measures beyond those already in place.

On January 26, the ICJ ordered Israel to “take all measures” to limit the death and destruction caused by its military campaign, prevent and punish incitement to genocide, and ensure access to humanitarian aid. This was in response to South Africa previously accusing Israel of committing genocide in Gaza, which Israel has denied.

The ICJ’s Friday decision is in response to an urgent request from South Africa asking the court to consider whether the escalating situation in Rafah — where millions of Palestinians have sought shelter from nonstop bombardment across the territory — calls for additional provisional measures.

Subsequently, Israel’s lawyers filed a series of statements in which they argued that “the provisional measures already indicated by the Court cover the situation of hostilities in Gaza as a whole.”

The ICJ decided the measures were sufficient, noting their decision accounted for the recent developments in Rafah.

“This perilous situation demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024, which are applicable throughout the Gaza Strip, including in Rafah, and does not demand the indication of additional provisional measures,” the court’s decision reads.
“The Court emphasizes that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said Order, including by ensuring the safety and security of the Palestinians in the Gaza Strip,” the ICJ said.

Reacting to the latest urgent request at the ICJ, Israel accused South Africa of trying to deny Israel’s right to defend itself and its citizens.

“South Africa’s legally and factually unfounded submission proves once again that it is the legal arm of the Hamas terrorist organization,” Lior Haiat, Israeli foreign ministry spokesperson, said Wednesday.

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