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ICJ calls on Israel to ‘immediately’ implement provisional measures

The International Court of Justice (ICJ), which is handling a genocide case lodged by South Africa against Israel, urged the latter to immediately implement provisional measures it ordered in January, as the country is in the process of further exacerbating the humanitarian catastrophe by carrying out an operation in Rafah.

“The Court notes that the most recent developments in the Gaza Strip, and in Rafah in particular, ‘would exponentially increase what is already a humanitarian nightmare with untold regional consequences’, as stated by the United Nations Secretary-General,” said a press statement by the court with its response to a request by South Africa for additional measures.

It said the “perilous situation” in Gaza and Rafah, the enclave’s southernmost city, “demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024.”

However, it said this “does not demand the indication of additional provisional measures.”

“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,” it also said.

South Africa brought the genocide case against Israel to the ICJ in late December and asked it to grant emergency measures to end the bloodshed in Gaza, where more than 28,600 Palestinians have been killed so far since Oct. 7.

The court ordered on Jan. 26 that Israel take “all measures within its power” to prevent acts of genocide in Gaza but fell short of ordering a cease-fire.

It also ordered Israel to take “immediate and effective” measures to enable the provision of urgently needed basic services and humanitarian assistance in the Gaza Strip, but fell short of ordering a cease-fire.

Since a cross-border incursion by the Palestinian group Hamas on Oct. 7, killing some 1,200 people, the Israeli offensive into Gaza has pushed 85% of the territory’s population into internal displacement amid acute shortages of food, clean water, and medicine, while 60% of the enclave’s infrastructure has been damaged or destroyed, according to the U.N.

Despite international outcry, Israel now plans a ground invasion of Rafah, which holds about 1.4 million refugees. Israeli Prime Minister Benjamin Netanyahu has vowed to “fight until complete victory and this includes a powerful action in Rafah.”

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