• theotherverion@lemmynsfw.com
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    7 months ago

    There is never mentioned in the ruling that Israel commits genocide. Only that it has to make sure it does not happen. That’s the difference.

    • Keeponstalin@lemmy.world
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      7 months ago
      1. The Court recalls that, in its Order of 26 January 2024, it concluded that the civilian population in Gaza was extremely vulnerable, noting that many Palestinians in the Gaza Strip had “no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating” (Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Provisional Measures, Order of 26 January 2024, para. 70). In its decision communicated to the Parties by letters of 16 February 2024, the Court noted, quoting the United Nations Secretary-General, that the developments in the Gaza Strip, and in Rafah in particular, “would exponentially increase what is already a humanitarian nightmare with untold regional consequences” (see paragraph 7 above). The Court observes with regret that, since then, the catastrophic living conditions of the Palestinians in the Gaza Strip have deteriorated further, in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which the Palestinians in the Gaza Strip have been subjected.
      1. The Court observes that Palestinians in Gaza are no longer facing only a risk of famine, as noted in the Order of 26 January 2024, but that famine is setting in, with at least 31 people, including 27 children, having already died of malnutrition and dehydration according to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) (OCHA, “Hostilities in the Gaza Strip and Israel — reported impact, Day 169”, 25 March 2024).
      1. In conformity with its obligations under the Genocide Convention, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation, Israel shall: (a) take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary; and (b) ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing, through any action, the delivery of urgently needed humanitarian assistance.
        • Keeponstalin@lemmy.world
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          7 months ago

          Are you dense? This is an ongoing case.

          It’s been established that Israel is failing to prevent genocide in Gaza.

          The March Order added additional measures for Israel to abide by to prevent genocide and to have another Ruling in a month. Israel failed to follow the previous February measures, and are also failing to follow these current March measures.

          The ICJ Court indicates the following provincial measures:

          1. The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation

          2. Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary

          3. Ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance;

          4. Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order

          Instead Israel continues on with it’s genocide, ignoring the Courts orders.

          • theotherverion@lemmynsfw.com
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            7 months ago

            My point that ICJ hasn’t accused Israel of genocide still stands. My another statement, which says it’s very tricky to prove genocide, still stands because ICJ hasn’t accused Israel of genocide.

            • ???@lemmy.world
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              7 months ago

              Actually, they do accuse Israel of it (that is why it’s deemed possible that they are committing genocide), but have not ruled for or against this yet.

    • blurg@lemmy.world
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      7 months ago

      The judge leaned back in a squeaky chair, self-righteously satisfied that the letter of the law had been followed.

      The spirit of the law lay trampled on the ground, unable to get up or even breathe. Until the public, individuals carrying the breath of actual humanity, walked into the judge’s chambers, giving the spirit mouth-to-mouth resuscitation. Offering a mirror to the judge, who didn’t know how reflection works.