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UN rapporteur: Israel appears to be violating ICJ orders

February 12, 2024 at 8:56 am

Injured Palestinians, including children are brought to Kuwait Hospital for treatment following Israeli attacks on Rafah City in the south of Gaza on February 12, 2024. [Belal Khaled – Anadolu Agency]

Israel appears to be violating the orders of the International Court of Justice in the Gaza Strip, the United Nations Special Rapporteur on the Occupied Palestinian Territories, Francesca Albanese, said yesterday.

Albanese said, in her statement to the British newspaper the Guardian, that “Israel appears to be in breach of the orders issued a fortnight ago by the International Court of Justice requiring it to take immediate steps to protect Palestinians’ rights and cease all activities that could constitute genocide.”

She said she disagreed with some lawyers and Israel regarding their interpretation of the ICJ’s orders, which they believe are not prohibited so long as Israel undertakes them without genocidal intent.

Albanese noted that the ICJ had mandated Israel to cease all activities that could constitute genocide.

Later, Albanese posted her interview with the Guardian on her X account, stressing that “ISR [Israel] is obligated to adhere to the Court’s order, & states must act decisively to prevent further atrocities.”

In late 2023, South Africa filed a case with the ICJ accusing Israel of failing to fulfil its obligations under the 1948 Genocide Convention.

On 26 January, the World Court ordered Israel to take measures to prevent genocide against Palestinians and improve the humanitarian situation in the Gaza Strip.

Israeli Prime Minister Benjamin Netanyahu responded to the court’s decision by saying that Tel Aviv will not stop the war on Gaza, adding that the court did not order a ceasefire.

Since 7 October, Israel has been waging a devastating genocidal war on the Gaza Strip that has killed tens of thousands of Palestinian civilians, most of them children and women, in addition to causing an unprecedented humanitarian catastrophe and massive destruction of infrastructure. Occupation forces have been seen razing Palestinian neighbourhood, historical sites, schools, museums and mosques, which many have interpreted as a means to eradicate Gaza’s history and culture and any claims Palestinians have to the land.

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