May 5, 2024

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FIDH welcomes the recognition of a reasonable risk of genocide by the State of Israel

FIDH welcomes the recognition of a reasonable risk of genocide by the State of Israel

FIDH welcomes the landmark decision of the International Court of Justice ordering the State of Israel to comply with its obligations under the 1948 Convention on the Prevention and Punishment of Genocide. With this legally binding and non-appealable decision, which was adopted by an overwhelming majority, FIDH urges Israel to act in accordance with of their obligations under international law, and calls on States to take concrete and urgent measures to prevent the commission of further international crimes, including genocide currently underway. . At this time, states must support accountability for the perpetrators of these crimes and not be complicit in the crimes committed by Israel.

Paris, The Hague, January 26, 2024. On Friday, January 26, in The Hague, the International Court of Justice ordered Israel to take interim measures to protect the Palestinian people from “a real and imminent risk of irreparable harm.” FIDH, while regretting that the Court did not explicitly order a ceasefire, an essential temporary measure that would allow a cessation of hostilities, welcomes this historic decision, as it recognizes that there is a reasonable risk of genocide by the State of Israel and Israel. It constitutes an important step to defend the rule of international law.

“Countries and peoples cannot continue to pretend they are unaware of the genocide taking place. It is time for them to continue to press for accountability, sanctions and an end to this attack on Gaza,” he explains. Diana Al-Zeer, Vice President of the International Federation for Human Rights and representative of Al-Haq, one of its member organizations in Palestine.

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In its decision, the court considers that “the civilian population in the Gaza Strip remains extremely vulnerable” and recalls that the military operation carried out by Israel since October 7, 2023, has caused, among other things, the death or injury of dozens of Palestinians. Thousands of people, the destruction of homes, schools, medical facilities and other vital infrastructure, as well as the mass displacement of residents.

The International Court of Justice orders the State of Israel to ensure with immediate effect that its army does not commit any act constituting the crime of genocide, to prevent and punish the commission and incitement to commit genocide in relation to the Palestinian population of Gaza, and to take immediate and immediate action to enable the provision of basic services and humanitarian assistance, and to take Measures necessary to prevent destruction and ensure the preservation of evidence relating to possible violations of the 1948 Convention. It also orders Israel to submit a report within one month on all measures taken to comply. With this request.

“By ordering these strong interim measures and holding Israel accountable, the Court seeks to protect civilians, end the cycle of repeated and widespread violence against the Palestinian population, prevent further international crimes, and enable the delivery of humanitarian aid to the Gaza Strip.” . The International Court of Justice has played its part in reminding us that all states must respect international law. Yousra Fraus, Head of the International Federation for Human Rights (FIDH) office in North Africa and the Middle East.

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Since the massacres committed by Hamas and other armed groups in Israel on October 7, many countries have affirmed their unconditional support for the State of Israel and have refrained from taking the necessary measures to end the attacks and destruction directed against the civilian population in Gaza. Therefore, the Gaza Strip violates its international obligations. Therefore, the court's decision constitutes a decisive step towards ending this stagnation and silence.

FIDH calls on these countries and the international community as a whole to immediately suspend financial and military aid to Israel, and to end economic and diplomatic support for the apartheid regime responsible for international violations and crimes, including genocide and systematic violations against Palestinians. population.

“Given the statements of some senior Israeli officials, FIDH fears that Israel will not comply with the court’s decision, even though Israel is a member of the court and a party to the Convention on the Prevention and Punishment of Murder.” 1948 genocide” Yousra Fraus confirms.

FIDH calls on Israel to act in accordance with its obligations under international law and to comply with the order issued today by the International Court of Justice. FIDH also calls on the United Nations Security Council, especially France, which holds its presidency, to ensure the implementation of this resolution and remove the various obstacles that prevent the adoption of a resolution imposing sanctions in the event of non-compliance with the resolution. Interim measures requested by the International Court of Justice.

Procedure reminder:

In its application to the International Court of Justice on 29 December 2023, South Africa, as a party to the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, sets out the reasons that prompted it to make allegations of genocide against the State of Israel. Pending a decision on the merits of the case, South Africa has asked the International Court of Justice to establish nine interim measures to protect the Palestinian people from “further serious and irreparable harm” and to ensure Israel complies with its obligations under the Genocide Convention. Prevent and punish genocide.

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During the hearing last Thursday 11 January 2024, South Africa explained the high number of civilian casualties in Gaza, the destruction of civilian infrastructure and restrictions on access to water, healthcare and medical supplies. Pretoria also referred to several statements by senior Israeli officials confirming that civilians were also being targeted.

At the hearing held on Friday, January 12, 2024, the State of Israel presented its arguments, claiming that it is carrying out attacks against Hamas for the sole purpose of defending itself and protecting its population. According to Israel, South Africa's accusation was “a systematic, deliberate, decontextualized and manipulative description of the reality of the current hostilities.”