(09.02.2024)
The Special Adviser echoes the 26 January statement attributable to the Spokesperson for the Secretary-General taking note of the Order of the International Court of Justice of 26 January 2024 indicating provisional measures in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), in which the Court ordered Israel, inter alia, in accordance with its obligations under the Genocide Convention, “to take all measures within its power” in relation to Palestinians in Gaza to prevent the commission of acts within the scope of Article II of the Convention, including killing, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about the group’s destruction and imposing measures intended to prevent births, as well as to “ensure with immediate effect that its military forces do not commit any of the above-described acts”. Furthermore, the Court indicated “that Israel must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip”. In this connection, neither the Secretary-General nor the Special Adviser take a position in relation to ongoing judicial proceedings before the Court.Echoing the words of the Secretary-General, the Special Adviser reiterates that violations of international humanitarian law can never justify the collective punishment of the people in Gaza. “Civilians must be protected at all times on both sides,” Special Adviser Wairimu Nderitu reminded.