(August 28, 2024)
Saleh Hijazi, a BNC adviser on apartheid-free policy, said he expected calls for Israel’s suspension to intensify next month with the opening of the 79th session of the General Assembly. UNGA, as it is known, begins on Sept. 10.
Archiv: International Court of Justice (ICJ) / UN Court / World Court / Weltgerichtshof / established 1945
ICJ president ‚plagiarised 32 percent of pro-Israel dissenting opinion‘
In July, a 15-judge panel found that Israel‘s decades-long occupation of the Palestinian territories was „unlawful“ and that its „near-complete separation“ of people in the occupied West Bank breached international laws concerning „racial segregation“ and „apartheid“.
While most judges agreed with the advisory opinion, Sebutinde rejected the findings.
When contacted by MEE for a response, Sebutinde declined to comment on the plagiarism allegations.
Israeli ban on UNRWA takes effect, imperiling aid to Palestinians
An Israeli law banning the U.N. Relief and Works Agency for Palestinian refugees (UNRWA) from operating in Israeli territory took effect Thursday, ushering in a new and uncertain era for hundreds of thousands of Palestinians who rely on the organization for basic services in East Jerusalem, the West Bank and the Gaza Strip.
With Israeli Laws Set to Take Effect in 48 Hours, UN Palestine Refugee Agency Chief Warns Security Council of Risks to Gaza Ceasefire, Recovery Efforts
The implementation of Israel’s legislation on 30 January — curtailing the operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — will undermine the ceasefire and sabotage Gaza’s recovery and political transition, a senior UN official told the Security Council today.
Unrwa chief says Israel‘s banning of operations will undermine Gaza ceasefire
Lazzarini told the UN Security Council on Tuesday that the ban would „heighten instability and deepen despair in the occupied Palestinian territory at a critical moment“.
“The relentless assault on UNRWA is harming the lives and future of Palestinians across the occupied Palestinian territory,“ he said.
“It is eroding their trust in the international community, jeopardising any prospect for peace and security.”
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Lebanon: ICJ president Nawaf Salam chosen as prime minister
Nawaf Salam, president of the International Court of Justice (ICJ), was nominated as Lebanon’s prime minister on Monday.
A Movement to Suspend Israel From the UN Needs a Country to Take the Lead
(August 28, 2024)
Saleh Hijazi, a BNC adviser on apartheid-free policy, said he expected calls for Israel’s suspension to intensify next month with the opening of the 79th session of the General Assembly. UNGA, as it is known, begins on Sept. 10.
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
UN Palestine Expert: Israel Should Be Removed From UN Over UNRWA Attacks
(December 6, 2024)
The UN’s top independent expert on Palestinian human rights has repeated a call for Israel to be removed from its membership in the United Nations, citing its “relentless attacks” against the institution’s top aid group for Palestinian refugees.
On Thursday, UN Special Rapporteur for the occupied Palestinian territories Francesca Albanese said on social media that Israel should be unseated, echoing calls from numerous international law experts and advocates for Palestinian rights.
A Movement to Suspend Israel From the UN Needs a Country to Take the Lead
(August 28, 2024)
Saleh Hijazi, a BNC adviser on apartheid-free policy, said he expected calls for Israel’s suspension to intensify next month with the opening of the 79th session of the General Assembly. UNGA, as it is known, begins on Sept. 10.
(The Palestinian delegation at the UN said on Aug. 22 that it was also planning to soon initiate an “actionable resolution” in the General Assembly, “demanding within a time frame the end of this illegal occupation and all other issues contained” in the ICJ advisory opinion.)
Could Israel‘s Unrwa ban lead to its suspension from the UN?
(October 29, 2024)
Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.
“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.
“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.”
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Convention on the Prevention and Punishment of the Crime of Genocide
(Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.)
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(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 calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
(…)
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Malaysia prepares draft resolution to expel Israel from UN
(November 6, 2024)
Malaysian prime minister Anwar Ibrahim has announced that Malaysia is preparing a draft resolution for the UN General Assembly to expel Israel from the United Nations.
“We are also studying (a proposal)… after the violation of laws, principles and UN decisions, for Israel to be expelled as a member of the UN,” Anwar told parliament in a special address on Monday.
PM Anwar: Malaysia’s firm stance on Israel goes beyond international willingness
Describing this statement as not being arrogant, he noted that his counterparts from numerous countries have also reminded him of the risks associated with being vocal on this matter.
“This morning, I talked with the foreign minister about the statements we have issued and how to ensure that Malaysia is not adversely affected.
“If you read the latest book on the roles of several countries, including the United States, you will see how many governments they have toppled because of the firm stance the countries were taking that they deemed contrary to their own. This is a risk I always consider and do not dismiss.”
UN draft resolution: Malaysia proposes expelling Israel from UN
Malaysia has prepared a draft resolution of the United Nations General Assembly (UN) which, among others, suggests that Israel be removed as a member of the organisation should there be a violation of laws, rules and decisions in issues involving Palestine.
Prime Minister Datuk Seri Anwar Ibrahim told the Dewan Rakyat yesterday that the draft resolution is in the negotiation process and is expected to be tabled at the UN General Assembly for approval soon.
Malaysia PM Anwar to propose expelling Israel from UN
“Strong measures, including the removal of Israel from the United Nations after its human rights violations and crimes of genocide, must be implemented as soon as possible,” Anwar said. “Malaysia will ensure that this agenda is heard and given attention, so that the atrocities of the Israeli regime can be stopped and that crucial aid can reach the Palestinian people at a time when the massacre continues to escalate,” the Malaysian prime minister said in a speech shared in part on the social media platform X.
Malaysia seeks Israel’s expulsion from United Nations
Anwar said he would present the measure at an emergency summit convened by the Arab League in Riyadh next Monday.
Malaysia part of group working on UN draft resolution mulling removal of Israel’s membership
KUALA LUMPUR (ANN/THE STAR) – Malaysia is playing a key role in drafting a United Nations resolution addressing the Israel-Palestine conflict, which could potentially seek to revoke Israel’s UN membership, Prime Minister Datuk Seri Anwar Ibrahim announced.
Speaking in the Dewan Rakyat on Monday, Anwar noted that the resolution also aims to obtain an advisory opinion from the International Court of Justice (ICJ) on the presence and operations of international agencies in Occupied Palestinian Territories (OPT).
Malaysia part of group working on UN draft resolution mulling removal of Israel’s UN membership, says Anwar
The proposal, said Anwar, will be made at the Arab-Islamic summit in Riyadh, Saudi Arabia on Nov 11, which he will be attending.
“Malaysia intends to use this meeting to get support from Arab and Muslim nations on this initiative and to prevent the implementation of the Oct 28 decision of the Israeli Parliament to wipe out UNRWA and worsen the humanitarian situation in northern Gaza which has been ridden by famine since basic aid has been cut off,” Anwar said.
Malaysia proposes UN Resolution to address Israel’s membership amid Palestine conflict
Malaysian Prime Minister Datuk Seri Anwar Ibrahim announced this development in the Dewan Rakyat (Parliament) on 4 November stating that the draft resolution is currently undergoing negotiation and is expected to be tabled at the UNGA for approval soon.
On 31 October 2024, Malaysia joined a Core Group tasked with preparing a resolution requesting an Advisory Opinion from the International Court of Justice (ICJ), according to Anwar.
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whom soever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
(…)
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Could Israel‘s Unrwa ban lead to its suspension from the UN?
Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.
“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.
“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.”
South Africa vs Israel: 13 other countries intend to join the ICJ case
(October 6, 2024)
1. Nicaragua: applied to join on 8 February
2. Belgium: declared intention to join on 11 March
3. Ireland: declared intention to join on 27 March
4. Colombia: applied to join on 5 April
5. Turkey: declared intention to join on 1 May
6. Libya: applied to join on 10 May
7. Egypt: declared intention to join on 12 May
8. Maldives: declared intention to join on 13 May
9. Mexico: applied to join on 28 May
10. Chile: declared intention to join on 2 June
11. Palestine: applied to join on 3 June
12. Spain: declared intention to join on 6 June
13. Cuba: declared intention to join on 22 June
(…)
The ICJ has not granted any of the requests so far.
Guterres nennt Angriff auf UNO-Basis «mögliche Kriegsverbrechen»
Das Aussendepartement hat den israelischen Vorstoss in einen UN-Stützpunkt verurteilt.
Zuvor hatten israelische Panzer das Tor zu einer Unifil-Einrichtung durchbrochen, über ein Dutzend Blauhelme wurden verletzt.
Auch der Papst hat dazu aufgerufen, die «Friedenstruppen zu respektieren».
UN chief says attacks on UNIFIL ‚may constitute a war crime‘
(Issued on: 13/10/2024 – 22:57)
„In a deeply worrying incident that occurred today, the entrance door of a UN position was deliberately breached by IDF armored vehicles,“ he added in a statement.
At least five peacekeepers have been wounded in recent days as Israel targets Hezbollah in southern Lebanon.
LEGAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM
(July 19, 2024)
278. Taking note of the resolutions of the Security Council and General Assembly, the Court is of the view that Member States are under an obligation not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, except as agreed by the parties through negotiations and to distinguish in their dealings with Israel between the territory of the State of Israel and the Palestinian territory occupied since 1967. The Court considers that the duty of distinguishing dealings with Israel between its own territory and the Occupied Palestinian Territory encompasses, inter alia, the obligation to abstain from treaty relations with Israel in all cases in which it purports to act on behalf of the Occupied Palestinian Territory or a part thereof on matters concerning the Occupied Palestinian Territory or a part of its territory; to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory; to abstain, in the establishment and maintenance of diplomatic missions in Israel, from any recognition of its illegal presence in the Occupied Palestinian Territory; and to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory (see Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, pp. 55-56, paras. 122, 125-127).
(…)
281. Finally, the Court is of the view that the precise modalities to bring to an end Israel’s
unlawful presence in the Occupied Palestinian Territory is a matter to be dealt with by the General Assembly, which requested this opinion, as well as the Security Council. Therefore, it is for the General Assembly and the Security Council to consider what further action is required to put an end to the illegal presence of Israel, taking into account the present Advisory Opinion.
Internationaler Gerichtshof weist Eilanträge Nicaraguas gegen Deutschland wegen Vorwurfs der Beihilfe zum Genozid im Gazastreifen zurück
(30.04.2024)
Nicaragua hatte als vorläufige Massnahmen den sofortigen Stopp deutscher Rüstungslieferungen an Israel gefordert. Das zentralamerikanische Land begründete dies damit, dass Deutschland durch Waffenlieferungen an Israel einen Genozid ermögliche und damit gegen internationales Recht verstosse. Nicaragua hatte zudem eine Wiederaufnahme von Zahlungen eingefrorener Beiträge für das Palästinenserhilfswerk UNRWA im Gazastreifen gefordert.
World Court to rule Tuesday on case accusing Germany of facilitating Gaza genocide
“On Tuesday, 30 April 2024, the International Court of Justice will deliver its Order on the Request for the indication of provisional measures submitted by Nicaragua in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory,” the Court said in a statement.
Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany) – Request for the indication of provisional measures – The Court to deliver its Order on Tuesday 30 April 2024 at 3 p.m
THE HAGUE, 26 April 2024. On Tuesday 30 April 2024, the International Court of Justice will deliver its Order on the Request for the indication of provisional measures submitted by Nicaragua in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany). A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which Judge Nawaf Salam, President of the Court, will read the Court’s Order.
A Way to Rejoin The World Court
(19.07.1986)
The imprudence of this acceptance was demonstrated by the Nicaraguan case, in which the Court ruled that the United States is using force illegally in Central America. That case should not – and need not – have gone to the Court. To make sure the United States retains sovereign discretion to defend itself and its allies, any new American acceptance of the Court‘s compulsory jurisdiction should emulate the good sense of others like India and Kenya by excluding disputes involving armed conflict. America -acting alone or with its allies – still needs the freedom to protect freedom. The finger on the trigger cannot be that of the global judiciary.
Nicaragua v. United States
The Republic of Nicaragua v. The United States of America (1986)[2] was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinistas and by mining Nicaragua‘s harbors. The case was decided in favor of Nicaragua and against the United States with the awarding of reparations to Nicaragua.
Isn‘t It Time We Rejoin the World Court? (We Left in 1986)
(no date / presumably 2004)
The protest at U.S. exemption of individuals from criminal jurisdiction has been widely reported. The continued refusal of the United States to subject its own actions, especially the use of force against others, to judgment by the ICJ has been treated as a non-event.
The president who turned America‘s back on judgment under international law was Ronald Reagan. His action resulted from fear (especially after prominent condemnation by Senators Barry Goldwater and Daniel Patrick Moynihan) of an adverse Court ruling in Nicaragua‘s case against the U.S.
Anhörung in Den Haag: Deutschland vor dem „Welt-Gericht“
Tatsächlich sitzt Deutschland allein auf der Anklagebank. Das ist möglich, weil es – so wie Nicaragua – den Gerichtshof anerkennt – und die UN-Konvention zur Verhütung von Völkermord. Auch die USA hatten ihre Zahlungen an UNRWA gestoppt, erkennen den IGH aber nicht an.
Nicaragua hatte noch weitere Länder im Visier: Kanada und Großbritannien haben eine Frist von einem halben Jahr, um zu reagieren. Und die Niederlande traten mit Nicaragua in einen Dialog – den Nicaragua mit Deutschland nicht suchte.
THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the case Nicaragua v. Germany – Oral argument of Germany
The International Court of Justice (ICJ), the principal judicial organ of the United Nations, holds public hearings on the request for the indication of provisional measures submitted by Nicaragua in the case Nicaragua v. Germany on 8 and 9 April 2024, at the Peace Palace in The Hague, the seat of the Court. Session held under the presidency of Judge Nawaf Salam, President of the Court.
Public sitting held on Monday 8 April 2024, at 10 a.m., at the Peace Palace, President Salam presiding, in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany)
The Government of the Republic of Nicaragua is represented by:
HE Mr Carlos José Argüello Gómez, Ambassador of the Republic of Nicaragua to the Kingdom of the Netherlands and Permanent Representative of the Republic of Nicaragua to the international organizations based in the Kingdom of the Netherlands, member of the International Law Commission,
as Agent and Counsel;
Mr Alain Pellet, Emeritus Professor of the University Paris Nanterre, former Chairperson of the International Law Commission, member and former President of the Institut de droit international,
Mr Daniel Müller, Founding Partner of FAR Avocats, member of the Paris Bar,
as Counsel and Advocates;
Ms Claudia Loza Obregon, Legal Adviser, Ministry of Foreign Affairs of the Republic of Nicaragua,
Mr Ysam Soualhi, PhD candidate, Faculty of Law, University of Angers,
as Assistant Counsel;
Ms Sherly Noguera de Argüello, Consul General of the Republic of Nicaragua,
as Administrator;
Ms Kassandra Gómez Pineda, First Secretary, Permanent Representation of the Republic of
Nicaragua to the Organisation for the Prohibition of Chemical Weapons,
Mr Pedro Hernández Balladarez, Financial Administrative Officer, Permanent Representation of the Republic of Nicaragua to the Organisation for the Prohibition of Chemical Weapons,
HE Mr Ammar Hijazi, Assistant Minister of Foreign Affairs and Expatriates for Multilateral Affairs of the State of Palestine,
HE Mr Omar Awadallah, Assistant Minister of Foreign Affairs and Expatriates for the United Nations and Specialized Agencies of the State of Palestine,
Mr Federico Argüello Noguera,
as Members of the Delegation.
The Government of the Federal Republic of Germany is represented by:
Ms Tania von Uslar-Gleichen, Legal Adviser and Director-General for Legal Affairs, Federal Foreign Office of the Federal Republic of Germany,
as Agent;
Ms Wiebke Rückert, Director for Public International Law, Federal Foreign Office of the Federal Republic of Germany,
„[A]ll the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 are under an obligation, while respecting the United Nations Charter and international law, to ensure compliance by lsrael with international humanitarian law as embodied in that Convention.“ Nicaragua cites an ICJ advisory opinion from 2004.
Case: https://www.icj-cij.org/case/131
Document quoted: https://www.icj-cij.org/sites/default/files/case-related/131/131-20040709-ADV-01-00-EN.pdf (pdf)
THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the case Nicaragua v. Germany – oral argument of Nicaragua
The International Court of Justice (ICJ), the principal judicial organ of the United Nations, holds public hearings on the request for the indication of provisional measures submitted by Nicaragua in the case Nicaragua v. Germany on 8 and 9 April 2024, at the Peace Palace in The Hague, the seat of the Court. Session held under the presidency of Judge Nawaf Salam, President of the Court.
Proceedings instituted by Nicaragua against Germany on 1 March 2024 – Request for the indication of provisional measures – Public hearings to be held on Monday 8 and Tuesday 9 April 2024
(15.03.2024)
It is recalled that Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip (see press release 2024/19).
The hearings will be devoted to the request for the indication of provisional measures
contained in Nicaragua’s Application. Nicaragua asks the Court to indicate provisional measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to Germany’s “participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip”.
Proceedings instituted by Nicaragua against Germany on 1 March 2024 – Request for the indication of provisional measures – Public hearings to be held on Monday 8 and Tuesday 9 April 2024
(01.03.2024)
It is recalled that Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip (see press release 2024/19).
The hearings will be devoted to the request for the indication of provisional measures contained in Nicaragua’s Application. Nicaragua asks the Court to indicate provisional measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to Germany’s “participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip”.
Could the US and other states be implicated in South Africa’s genocide case against Israel?
(16.02.2024)
In the case of South Africa v. Israel, two violations in particular have been raised: complicity in genocide and failure to prevent genocide. For complicity, the ICJ has explained that it includes “the provision of means to enable or facilitate the commission of the crime,” such as furnishing “aid or assistance.” The state needs at least to have acted knowing that the perpetrator of the genocide had a special intent, or dolus specialis, “to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” The ICJ left open the possibility that the complicit state would also need to share this special intent. However, courts have not required complicit parties to share the special intent in international criminal cases, suggesting that the ICJ might not require it.
South Africa to Sue US and UK as Complicit in Gaza Genocide
(January 15, 2024)
The United States must now be held accountable for the crimes it committed,‘ says Van Rensburg, who is leading the 47-lawyers team.
“We intend to bring legal proceedings against the U.S. Government based on overwhelming evidence that the U.S. Government has, and is, aiding, abetting and supporting, encouraging or providing material assistance and means to Israel and the Israeli Defense Forces. This conduct by the U.S. Government has enabled and continues to enable Israel to engage in international crimes against the Palestinian people,” the South African lawyers said in a letter sent to US President Joe Biden on January 2.
Germany next up to face Gaza genocide charges in The Hague
(25.03.2024)
On April 8 and 9, the International Court of Justice will once again hold hearings on the Israeli genocide in Gaza.
This time the judges in The Hague will be listening to arguments in the case brought by Nicaragua against Germany.
The Central American nation accuses Berlin of violating its obligations under the 1948 Genocide Convention and other “intransgressible principles of international humanitarian law,” including the Fourth Geneva Convention.
Internationaler Gerichtshof: Israel muss Hunger-Hilfe für Gaza gewähren
Damit entspricht der IGH einem Antrag Südafrikas im laufenden Völkermord-Verfahren gegen Israel. Bereits Ende Januar hatte das Gericht Sofortmaßnahmen angeordnet und Israel aufgetragen, alles zu tun, um einen Völkermord im Gazastreifen zu verhindern. Angesichts der sich verschlimmernden Lage in dem Kriegsgebiet und einer drohenden Hungersnot hatte Südafrika zusätzliche Maßnahmen verlangt. Dem entsprach das Gericht. Entscheidungen des UN-Gerichtshofes sind bindend.
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL) 28 MARCH 2024 ORDER
51. For these reasons,
THE COURT ,
(1) By fourteen votes to two,
Reaffirms the provisional measures indicated in its Order of 26 January 2024;
IN FAVOUR : President Salam; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST : Vice-President Sebutinde; Judge ad hoc Barak;
(2) Indicates the following provisional measures:
The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation:
(a) Unanimously,
Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary;
(b) By fifteen votes to one,
Ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance;
IN FAVOUR : President Salam; Vice-President Sebutinde; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST : Judge ad hoc Barak;
(3) By fifteen votes to one,
Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.
IN FAVOUR : President Salam; Vice-President Sebutinde; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST : Judge ad hoc Barak.
World court orders Israel to take action to address Gaza famine
„The court observes that Palestinians in Gaza are no longer facing only a risk of famine (…) but that famine is setting in,“ the judges said in their order.
The new measures were requested by South Africa as part of its ongoing case that accuses Israel of state-led genocide in Gaza.
In January the ICJ, also known as the World Court, ordered Israel to refrain from any acts that could fall under the Genocide Convention and to ensure its troops commit no genocidal acts against Palestinians in Gaza.
Top UN court likely to issue tough decision against Israel for ongoing attacks on Gaza
The world court will rule on the requested additional measures in the coming days, which may include criticism of Israel as well as requests for additional monitoring reports, according to the KAN broadcaster report.
However, observers in Israel believe that no additional orders, such as a cessation of the war on Gaza, will be issued, but that the court will take a critical tone toward Israel, which is unusual, said the broadcaster.
Earlier on Monday, the UN Security Council passed a resolution demanding an immediate cease-fire in Gaza …
Gaza death toll exceeds 32,400 amid Israeli offensive
At least 74,787 other Palestinians injured in Israeli attacks since last October, Health Ministry says
The World must ask: where is its Court? #ICJ #genocide #Palestine #totalitarism #arbitrariness #accountability
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) – The Republic of South Africa submits an urgent request for the indication of additional provisional measures and the modification of the Court’s prior provisional measures Order and decision
THE HAGUE, 6 March 2024. South Africa today filed an urgent request with the Court for the indication of additional provisional measures and the modification of the Court’s Order of 26 January 2024 and decision of 16 February 2024 in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
In its new request, South Africa states that it is “compelled to return to the Court in light of the new facts and changes in the situation in Gaza — particularly the situation of widespread starvation — brought about by the continuing egregious breaches of the Convention on the Prevention and Punishment of the Crime of Genocide . . . by the State of Israel . . . and its ongoing manifest violations of the provisional measures indicated by this Court on 26 January 2024”. It requests the Court to indicate further provisional measures and/or to modify the provisional measures indicated it its Order of 26 January 2024, pursuant to Article 41 of the Statute of the Court and Article 75, paragraphs 1 and 3, and Article 76, paragraph 1, of the Rules of Court, respectively, “in order urgently to ensure the safety and security of 2.3 million Palestinians in Gaza, including over a million children”. It urges the Court to do so without holding a hearing, in light of the “extreme urgency of the situation”.
Israel Not Complying with World Court Order in Genocide Case
(February 26, 2024)
“The Israeli government is starving Gaza’s 2.3 million Palestinians, putting them in even more peril than before the World Court’s binding order,” said Omar Shakir, Israel and Palestine director at Human Rights Watch. “The Israeli government has simply ignored the court’s ruling, and in some ways even intensified its repression, including further blocking lifesaving aid.”
Other countries should use all forms of leverage, including sanctions and embargoes, to press the Israeli government to comply with the court’s binding orders in the genocide case, Human Rights Watch said.
Top UN court rejects South African request for urgent measures to safeguard Rafah
(February 16, 2024)
An estimated 1.4 million Palestinians, more than half of Gaza’s population, has crammed into the city, most of them displaced people who fled fighting elsewhere in Gaza.
Israel has said it will evacuate the civilians before attacking, though international aid officials have said there is nowhere to go due to the vast devastation left behind by the offensive.
World Court stops short of Gaza ceasefire order for Israel
(January 27, 2024)
It asked the court to grant emergency measures to halt the fighting, which Palestinian officials say has killed more than 26,000 Palestinians and displaced the majority of the population in a more than three-month campaign of intensive bombardment.
Death Toll in Gaza Soars to 32,226 as Israeli Aggression Continues
Israeli occupation forces “IOF” perpetrated eight massacres against families in the Gaza Strip over the last 24 hours, resulting in the documented killing of at least 84 Palestinians and the injury of 106 others, according to medical sources.
Local health authorities confirmed that the Palestinian death toll from the Israeli onslaught since October 7 has risen to 32,226 reported fatalities, with an additional 74,518 individuals sustaining injuries. The majority of the victims are women and children.
OBSERVATIONS OF THE STATE OF ISRAEL ON THE REQUEST FILED BY THE REPUBLIC OF SOUTH AFRICA ON 6 MARCH 2024 FOR THE INDICATION OF ADDITIONAL PROVISIONAL MEASURES AND/OR THE MODIFICATION OF MEASURES PREVIOUSLY INDICATED
10. Taken together, South Africa’s shrill and repeated submissions also suffer from a more fundamental flaw. They are simply unable to explain how significant measures undertaken continuously by Israel throughout the present hostilities—including various humanitarian initiatives and the ongoing coordination of access to humanitarian supplies, extensive efforts to mitigate civilian harm, a willingness to compromise operational advantage for the benefit of Palestinian civilians (for instance, by advance warning and close quarters combat), humanitarian pauses in fighting, specific directives by the War Cabinet and Israeli Defence Forces addressing the humanitarian situation, and much more—can possibly be reconciled with a genocidal intent to destroy a group in whole or in part. Put differently, which State that is engaged in genocide, or is indifferent to the commission of acts within the scope of Article II of the Convention, works to coordinate humanitarian convoys and airdrops, or facilitates constantly the provision of medical supplies to hospitals, the establishment of field hospitals, and the repair of critical infrastructure damaged in the course of hostilities?
Israel asks World Court not to order new measures over Gaza hunger
THE HAGUE: Israel has asked the (ICJ) not to issue emergency orders for it to step up humanitarian aid to Gaza to address a looming famine, dismissing South Africa‘s request to do so as „morally repugnant“.
In a legal filing to the United Nations‘ top court, made public on Monday, Israel said it „has real concern for the humanitarian situation and innocent lives, as demonstrated by the actions it has and is taking“ in Gaza during the war.
Proceedings instituted by Nicaragua against Germany on 1 March 2024 – Request for the indication of provisional measures – Public hearings to be held on Monday 8 and Tuesday 9 April 2024
It is recalled that Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip (see press release 2024/19).
The hearings will be devoted to the request for the indication of provisional measures contained in Nicaragua’s Application. Nicaragua asks the Court to indicate provisional measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to Germany’s “participation in the ongoing plausible genocide and serious breaches of international
humanitarian law and other peremptory norms of general international law occurring in the Gaza
Strip”.
Beihilfe zum Völkermord? IGH verhandelt Klage gegen Deutschland im April
Am 8. und 9. April wird der Internationale Gerichtshof (IGH) im Verfahren gegen Deutschland verhandeln. Nicaragua wirft der Bundesrepublik Beihilfe zum Völkermord im Gazastreifen vor, indem sie Israel politisch, finanziell und militärisch unterstützt sowie die Mittel für das UN-Palästinenserhilfswerk gestrichen habe.
Im Gazastreifen bestehe seit Oktober 2023 „die anerkannte Gefahr eines Völkermordes am palästinensischen Volk“. Deutschland habe durch seine Unterstützung für Israel gegen seine Verpflichtungen aus der Völkermordkonvention verstoßen, heißt es in der Klage Nicaraguas.
ICJ to hold hearings on Nicaragua’s case accusing Germany of facilitating ‘genocide’ in Gaza
Top UN judges will start listening to submissions next month in the case filed by Nicaragua accusing Berlin of facilitating “genocide” in Gaza because of its support for Israel in the war against Hamas, officials say.
Two weeks ago Nicaragua filed a case against Germany before the International Court of Justice, saying Berlin was “facilitating the commission of genocide and… failed in its obligation to do everything possible to prevent the commission of genocide,” in Gaza.