Saturday, February 3, 2024

Israel’s war on Gaza: The ICJ’s provisional measures stop short of calling for a ceasefire, but could make the war harder for Israel to wage, say experts.



PIL DOCTRINE: One of the fundamental principles of international law provides that any state that violates its international obligations must be held accountable for its actions. Under the notion of state responsibility, states that do not respect their international duties are obliged to immediately stop their illegal actions and make reparations to the injured parties. The principle of state responsibility forms part of international customary law and is binding upon all states.

Third states also have an obligation not to assist other states who are violating international law, and have a legal duty under Common Article 1 of the Geneva Conventions to ensure respect for IHL.

The International Court of Justice on Friday issued a series of provisional measures that require Israel to comply with the 1948 Genocide Convention, allow more humanitarian aid into Gaza and act against those who issue genocidal statements.

The World Court’s interim ruling, in a case brought by South Africa accusing Israel of committing genocide in Gaza, stopped short of ordering Israel to pause or stop its devastating war on Gaza, which has killed more than 26,000 Palestinians in the enclave since October 7.

The connection between the principle of state responsibility and the ICJ's issuance of these provisional measures is that the principle of state responsibility holds states accountable for violations of international law, including the Genocide Convention. The ICJ's issuance of these provisional measures is an attempt to hold Israel accountable for its alleged violations of the Genocide Convention.

The principle of state responsibility is a cornerstone of international law. It is based on the idea that states are responsible for their actions and the actions of their officials. This principle is codified in the United Nations Charter and other international treaties.

In 2023, South Africa brought a case against Israel before the ICJ, alleging that Israel was violating the Genocide Convention by its actions in the Occupied Palestinian Territories. The ICJ issued a series of provisional measures that require Israel to take steps to prevent the occurrence of genocide, to cease certain actions that could contribute to genocide, and to submit reports to the Court on its compliance with these measures.

The measures are not a final judgment on the merits of the case, but they are a significant step in the proceedings.

 


Source: Al Jazeera
Link: https://www.aljazeera.com/news/2024/1/26/what-the-icjs-interim-ruling-means-for-israels-war-on-gaza?fbclid=IwAR08_QaIZ76ahDmw6DkYDADzPk82xQMyaY28ibKp-THA85PBpXVga2gCY64

Reported by: 

Sittie Hannia Balindong Marohomsalic 

No comments:

Post a Comment

British troops operating on the ground in Ukraine

Leaked communications involving high-level German government and military figures appear to confirm that British army personnel are engag...