ICJ rules Israel must take measures to prevent genocide

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We have special coverage for you this morning here on CBC News Network an in-depth look at the Landmark ruling this morning by the world court on the war between Israel and Hamas one that will have implications on a global scale the international court of justice will not order Israel to stop the war

Immediately to issue a ceasefire but the 17 justices are ordering Israel to take action to protect and Aid Palestinians in Gaza as we’ve had for you live here on CBC morning live the ruling was read out over about 40 minutes it’s the Court’s first response to the broad

Genocide case South Africa has brought forward South Africa is accusing Israel of acting with genocidal intent that broader case that core question of genocide will continue but will likely be years before a final ruling from the JC so this is an interterm decision and in a key part of today’s decision the

Justices rule that it is plausible the genocidal Acts could be happening in Gaza before that ruling so the international court of justice says Israel must immediately take a number of steps six emergency measures to prevent any genocidal acts as the war continues here is first reaction from outside the court from a Palestinian

Representative this is a historic day Palestine welc comes the momentous order by the international court of justice this order means that the court recognized the gravity of of the situation and was convinced by South Africa’s compelling presentation that was based on Law and fact that there are plausible cause to believe that Israel

Is committing genocide in Gaza it means that the cries and suffering of our people in Gaza have been heard in the Great Hall of Justice Israel failed it failed to convince the court to dismiss the complaint to prove that it is not deliberately violating genocide convention the icj judges

Assessed the facts and the law and issued their order Israel now will stand trial accused of committing the crime of all crimes we call on states that to ensure that all provisional measures ordered by the court are implemented States and governments have clear obligations in light of this order

First and foremost they must make sure they are not complicit in this genocide this is a good day for Humanity this ruling is in favor of International System based on Law and against exceptionalism and double standards so that is the reaction on the steps of the international court of

Justice in the heg from uh Palestinian representation they were there to support South Africa which has brought the case forward we have first reaction from Israel as well the Israeli government has called the case against its spurious and prime minister Benjamin nety has bluntly stated Israel would not

Follow any ceasefire order from the world court that no one will stop us not the heg nor the axis of Evil and no one else here is Benjamin natu sorry Benjamin Netanyahu in his reaction immediately following the announcement from the court as he posted it on social media last hour Israel’s commitment to

International law is unwavering equally unwavering is our sacred commitment to continue to defend our country and defend our people like every country Israel has an inherent right to defend itself the vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish State and it was justly rejected

The charge of genocide leveled against Israel is is not only false it’s outrageous and decent people everywhere should reject it on the eve of the international Holocaust Remembrance Day I again pledge as Israel’s prime minister never again Israel will continue to defend itself against Hamas a genocidal Terror organization on

October 7th Hamas perpetrated the most horrific atrocities against the Jewish people since the Holocaust and it vows to repeat these atrocities again and again and again our war is against Hamas terrorists not against Palestinian civilians we will continue to facilitate humanitarian assistance and to do our utmost to keep civilians out of Harm’s

Way even as Hamas uses civilians as human Shields we will continue to do what is necessary to defend our country and defend our people that is Benjamin Netanyahu as he posted just moments ago and again the key question as we’ve discussed this morning this is a legally binding ruling

There is no appeal of what the icj has ruled here in this provisional ruling it’s interm ruling but there is no method of enforcement either so the question now what will Israel do and will it comply you heard some of what Benjamin netanyahu’s intention is in that statement just posted we want you

To hear some of the ruling itself as I mentioned you heard it live here on CBC morning live in the 7:00 eastern language it is very legalistic language but that’s important the Chief Justice the pr the uh president of the Court references the genocide Convention of

1948 but here she is laying out the court orders for Israel these are orders once again the six emergency measures the provisional measures that include taking steps to protect Palestinian civilians and ensuring that more humanitarian Aid flows into Gaza for these reasons the court indicates the following provisional

Measures one by 15 votes to two the state of Israel shall in accordance with its obligations under the convention on the prevention and Punishment of the crime of genocide in relation to the Palestinians in Gaza take all measures within its power to prevent the commission of all acts

Within the scope of article two of the convention in particular a killing members of the group b causing serious bodily or mental harm to members of the group C deliberately inflicting on the group conditions of Life calculating to bring about its physical destruction in whole or in part and D imposing measures

Intended to prevent births within the group that is the president of the international court of justice she is an American judge representing or presenting the opinion of the 17 judge panel there were no unanimous decisions but by very large majorities the court has gone ahead with these six

Provisional measures and its orders to Israel let’s bring in some initial reaction and assessment from our senior correspondent Chris Brown who is in Jerusalem I I think what’s very key is going into this Israel had said that this case that South Africa had brought was baseless uh the United States uh had

Also said it was without Merit um and the court has not ruled with them they’ve in fact said there may indeed be Merit uh that some of what Israel has done in Gaza could possibly uh have broken the genocide convention now they’re saying that without prejudice in

The sense that this case is going to go on for a very long time possibly years but at least on the very surface they’re almost like saying look you’ve established a prim primas case that you are correct to bring this uh and there’s at least something worthy here to look

At so I think at the very beginning uh the Israeli government has has lost that because as I said they uh they wanted it um they wanted it thrown out uh but on the other hand uh as you as you just said really South Africa didn’t get the

Key thing that it was asking for and that was a suspension of the military campaign in Gaza uh that perhaps is not so much of a surprise um there are they asked for nine different uh provisional measures um and some some of the other ones uh were granted and and just going

Through them um they have to take measures to improve the humanitarian situation well Israel brought before the court uh evidence to show that it said shows that it was trying to improve the humanitarian situation that it was allowing many hundreds of truckloads of Aid going into Gaza but uh in effect the

Court is saying well you have to do more you have to do more than that as well uh it also said you have to uh preserve any evidence that might suggest that genocide happened you have to keep records of it and we’re going to check

Up on you every month to make sure uh that you’re doing that as well uh and then they also uh suggested that you have to punish anyone who makes let’s say genocidal remarks or incites people to genocide and I think this is a very important point because in its ruling

The court pointed out some of the statements made uh not just by ordinary Israelis but by the very most senior members of Israel’s cabinet uh you have Galant for example the court cited his statement way back uh in in October is saying uh when they began the invasion

Of Gaza I have released all restraints we are fighting human animals he was quoted a saying so the court invoked a number of these statements from senior Israeli uh ministers so um again even though the South Africans did not get everything they wanted uh much of this I

Think will be very embarrassing uh for the Israelis Chris one more in terms of reaction from Israel’s national security minister who’s part of the red you know the coalition government on the right wing of things uh on X so on social media this this is what he tweeted his

Reaction hag schag which lets you think that some of the members within the Netanyahu cabinet are are you know I don’t know what that cabinet meeting how it will go but there will be uh some very strong opposition to taking the action that the international court of justice has just issued so not

Explicitly a ceasefire but again measures to refrain from any acts that could fall under the genocide convention ensure that troops do not commit any genocidal acts also improve the humanitarian situation so today Chris what were you be reporting on what specifically will you be looking for as far as n next

Steps I think we should really keep an eye on these discussions going on between the United States Qatar uh and Israel involving a potential uh hostage deal with Hamas we understand that the head of the CIA William Burns is going to be flying in this direction to Europe

And the Middle East to try to personally broker and get this done Benjamin Netanyahu is under an immense amount of domestic pressure here now to try to free these remaining hostages the exact number is not known uh possibly just over a hundred but there’s also uh some

Bodies of some hostages that have uh either died or been killed so we’re going to be watching that uh because along with any possible hostage deal there could come some kind of a pause not using the word ceasefire but some kind of a pause in the fighting and uh

How long will this be there’s been some suggestions it could be 2 months some suggestions it could be 3 months but uh it’s going to be very very interesting over the next number of days uh to see just how uh gelled up this goes Hamas is asking for the release of all the

Prisoners all the detainees that are now uh in Israeli jails those number in the thousands so a ton of moving Parts here Heather

The International Court of Justice has ordered Israel to take measures to prevent and punish direct incitement of genocide in its war in Gaza, although it stopped short of ordering a ceasefire.

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