By Afshain Afzal
The International Court of Justice delivered its order in the case South Africa versus Israel on 25 May 2024. The salient of the Order as under:-
On the basis of the information, discussed considerations and the circumstances of the case the Court arrived to conclusion that it requires to modify it's decision of March 28, 2024. The Court announced that according to Article 75 paragraph 2 of its Rules when a request for provisional measures has been made it has the power on the statue indicate measures that are not in whole or in part other than those request.
The Court pronounced that in present case having considered the terms of provisional measures requested by South Africa and the circumstances of the case the Court finds that measures to be indicated need not be identical to those requested. The Court considered that in confirmatory with obligations under the genocide convention Israel must immediately hold it's military and offensive and any other action in Raffah governance which may inflect in the Palestinian group in Gaza condition of life to bring about physical destruction in whole are in part.
The Court ordered that in the present circumstances the Court is also of the view that in order to preserve evidence relating to act falling within the scope of Article 2 and Article 3 of Genocide Convention Israel must take effective measures to ensure unimpeded access to the Gaza Strip of any commission of enquiry, finding mission and other investigator body mandated by competent organs of the United Nations to investigate allegations of genocide.
The Court also considered that the catastrophic situation in Gaza confirms the need for the immediate and effective implementation of the measures indicated in its order of January 26, and March 28, 2024, which are applicable throughout the Gaza Strip including Raffah. In these circumstances the Court fond it necessary to reform indicated in those orders in so doing the court wishes to emphasize that measures indicated in paragraph 51 (2) a. of its order of March 28, 2024, requiring "the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, maintain open land crossing points and in particular Raffah crossing. In view of the specific provisional measures, the Court decided that Israel must submit a report to the court all measures taken in a effect to this order within one month from the date of this order.
The whole peace loving people of the world is thankful to honourable Judges of the ICJ and other organs of the United Nations for their peace efforts and implementation of the measures that Israel was not ready to obey. Israeli leadership is now in total isolation and is facing curses for the genocide of orthodox Palestinian Muslims of Gaza. Peace loving Jews are suffering because of war crimes of Israeli military and civilian leadership otherwise they are not behind the genocide. There are high hopes that Israel and Palestine as well as those behind the scene will adopt the path of peace and resolve the crisis in the Middle East, especially the Israeli-Palestinian conflict. Hope the direct peace talks would resume soon for release of prisoners and abductees as well as an independent, sovereign state of Palestine with capital at Jerusalem.
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