Implications of the International Court of Justice’s Provisional Measures... (cont. below)
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- čas přidán 3. 03. 2024
- ...in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), 26 January 2024
On 26 January 2024, the International Court of Justice issued its Order for provisional measures in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
Reading out the Order, ICJ President Joan Donoghue noted the 7 October 2023 attacks on Israel, calling for the release of all remaining hostages taken from Israel during these Hamas-led attacks in which some 1,200 people were massacred. Highlighting that the ICJ was ‘acutely aware of the extent of the human tragedy unfolding in the region’, Judge Donoghue said that the court remained ‘deeply concerned about the continuing loss of life and human suffering.’
The Court ordered Israel to adopt six provisional measures ‘in relation to Palestinians in Gaza’, namely to: 1) take all measures within its power to prevent genocide; 2) ensure that its military does not commit genocide; 3) take all measures within its power to prevent and punish incitement to genocide; 4) take immediate and effective measures to enable urgent humanitarian assistance and basic services; 5) take effective measures to prevent the destruction and ensure the preservation of evidence relating to allegations of acts under article 2-3 of the Genocide Convention; and 6) report to the Court within one month about measures taken to give effect to the order. (The precise terms are available here).
The ICJ’s other recent jurisprudence under the Genocide Convention in Ukraine v. Russian Federation and The Gambia v. Myanmar reflects the increasing recourse to the ICJ and other international bodies in order to challenge atrocity crimes. So far, the ICJ’s jurisdiction in these cases was activated only through the Genocide Convention, the wider implications for the laws of war, crimes against humanity and law on the use of force remain to be explored.
This event, organised by the Bonavero Institute of Human Rights in association with the Centre for Fundamental Rights, Hertie School, Berlin, and the Refugee Studies Centre, University of Oxford, aims to explore the legal implications of the ICJ’s Provisional Measures of 26 January 2024, in particular their implementation by Israel, third states and international organisations.
Speakers: Janina Dill, Victor Kattan, Reuven (Ruvi) Ziegler
Chair: Cathryn Costello