ICJ Ruling on Israel

ICJ Ruling on Israel

Context: 

This editorial is based on the news “Momentous ruling: On Israel and the International Court of Justice orderwhich was published in the Hindu. Recently, the International Court of Justice or ICJ has issued a ruling that places obligations on Israel to prevent genocide in Gaza. The ruling favours provisional measures for Israel to provide humanitarian assistance and basic services to Gaza.

Relevancy for Prelims: Israel-Hamas Conflict, Gaza Strip, United Nations, Genocide, International Court of JusticeUNGA Vote On Gaza Resolution, and UN Relief Agency.

Relevancy for Mains: ICJ Ruling on Israel- Significance and Challenges.

ICJ Ruling on Israel: Key Outcomes

  • Ruling Response to South Africa’s Case: The ruling is a response to a case filed by South Africa, holding Israel accountable for violations of humanitarian law. The ICJ accepted South Africa’s standing and found the preliminary submissions credible.
  • High Degree of Consensus: 15 out of 17 judges favoured provisional measures, showing a high degree of consensus.
  • Preventing Conditions: Prevents conditions for eliminating Palestinians.
  • Legal Obligation: Legally binds Israel to allow access to Gaza.
  • Moral & Legal Indictment of Israel’s Actions: The ruling is a moral and legal indictment of Israel’s military actions, including bombing health facilities, designated safe zones, and densely populated areas. It aims to prevent conditions that can bring about the physical destruction of Palestinians.
  • Ensuring Compliance and Progress Monitoring: The order makes it difficult for Israel to deliberately not comply. The world community should ensure Israel complies and critically monitor progress.
  • Suspension of Global Aid to UN Relief Agency (UNRWA): The suspension of UNRWA in Gaza is concerning. This happened soon after the ruling based on Israel’s claims against some staffers.
  • Necessary Investigation: A probe into UNRWA staffers is necessary but should not defund humanitarian work. The needs of the people of Gaza are vital right now.

Genocide

  • It is the intentional destruction of a people in whole or in part. 
  • In 1948, the United Nations Genocide Convention defined genocide as any of five “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
  • It also intends to stop future expansion of the growth.

Conclusion

Despite the absence of an explicit call for a ceasefire, the ruling is a momentous one that binds Israel to its obligation to prevent acts of genocide in its ongoing military operations in Gaza. Monitoring compliance and meeting humanitarian needs is a need of the hour. All nations need to pressurise Israel to adhere with the rulings of ICJ.

Mains Question: “India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back” Discuss [150 Words, 10 Marks].

 

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UDAAN PRELIMS WALLAH
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