A Ray of Hope – Peace in Middle East

By Afshain Afzal

The preliminary orders of International Court of Justice (ICJ) is a great victory for all those who believe in the international justice system and the justice system. Nevertheless, the court observed certain technical issues and gaps in the application filed by South Africa in ICJ dated 29 December 2023. The honourable ICJ on 26 January 2024, while pending its final decision issued preliminary orders, admitting its prima facie jurisdiction issued a ruling that it has jurisdiction pursuant to Article IX of the Genocide Convention to entertain the case. The ICJ’s Orders make Israel duty-bound:-

1. 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.
2. Must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.
3. Must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Genocide Convention against members of the Palestinian group in the Gaza Strip.
4. Must submit a Report to the Court on all measures taken to give effect to its Order.

Concerning the fate of the hostages abducted during the attack in Israel on 7 October 2023 and held since then by Hamas and other armed groups, and calls for their immediate and unconditional release. Regarding humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip, Israel has been ordered that it shall take immediate and effective measures to enable the provision of urgently needed basic services.

Where most of the International media is misreporting, we have a lot of hopes from the International Justice system and duty bound to honour every word. However, it is expected the honourable ICJ would consider Hamas’s innocence in 7^th October attack inside Israel. Mentioning name of Hamas and other armed groups in connection with hostages abducted during the attack in Israel on 7 October 2023, is a matter that requires a probe of whether it was a self-engineered attempt by Tel Aviv in connivance with other armed groups which has also been indicated by ICJ or there was direct involvement of Hamas.

Let us have a quick look at what International media reported; The Washington Post reported, “The International Court of Justice on Friday ordered Israel to do more to prevent the killing of civilians in Gaza …”, Reuters reported, “The World Court on Friday ordered Israel to take action to prevent acts of genocide as it wages war against Hamas militants in the Gaza…”, Al Jazeera reported, “UN's top court fails to order ceasefire, but says Israel must take measures to prevent acts of genocide in Gaza…”, The Times of Israel reported, “Israel has asked the court to reject the case outright…”, DW reported, “Judges in The Hague are ruling on whether to issue an order for Israel to halt military operations in Gaza as part of a genocide case…”, NPR reported, “The International Court of Justice ordered Israel to ensure its military does not take actions that violate the Genocide Convention…”, Haaretz reported, “According to international law experts, the proceeding may cement claims of genocide against Israel, and thus lead to its diplomatic isolation…”.