Int. Law Assingmenet

1
Introduction of the matter

the immediate context of Israel and Palestine issue along with historical essence is that on 7 October
2023, Hamas and other armed groups present in the Gaza Strip carried out an attack in Israel, killing more
than 1,200 persons, injuring thousands and abducting some 240 people. Following this attack, Israel
launched a large-scale military operation in Gaza, which caused massive civilian casualties, extensive
destruction of civilian infrastructure and the displacement of the overwhelming majority of the population
in Gaza.
Charges alleged by South Africa

According to the Application, acts and omissions by Israel are genocidal in character, as they are
committed with the intent to destroy Palestinians in Gaza and that the conduct of Israel through its State
organs and other persons acting on its instructions in relation to Palestinians in Gaza, is in violation of its
obligations under the Genocide Convention. South Africa further states that Israel, since 7 October 2023
in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to
genocide and that Israel has engaged in, is engaging in and risks further engaging in genocidal acts
against the Palestinian people in Gaza.
Jurisdiction of icy
South Africa found the Court’s jurisdiction on Article 36, paragraph 1, of ICJ Statute and on Article IX of
the Genocide Convention2, to which both South Africa and Israel are parties. South Africa and Israel are
both Members of the United Nations and parties to the Genocide Convention and the Court considers that
the Parties appear to hold clearly opposite views as to whether certain acts or omissions by Israel in Gaza
amount to violations of Genocide Convention and hence above elements are sufficient at this stage to
establish prima facie jurisdiction pursuant to Article IX of the Genocide Convention to entertain the case.3
Elements of Israel’s crime

The Court stated that, in accordance with Article I of the Convention, all States parties have undertaken
to prevent and to punish the crime of genocide, that is to say any acts committed with intent to destroy,
in whole or in part, a national, ethnical, racial or religious group, as such killing, causing serious bodily or
mental harm to members of the group, inflicting disastrous conditions of life on them, imposing measures
intended to prevent births within the group, forcibly transferring children of the group to another group or
asper Article III of the Genocide Convention, the following acts are also prohibited conspiracy to commit
genocide, attempting to commit genocide (look into A.1 and 3). In the Court’s view, the Palestinians
appear to constitute a distinct “national, ethnical, racial or religious group”, and hence a protected group
within the meaning of Article II of the Genocide Convention. Special Procedures of the United Nations
Human Rights Council voiced alarm over “discernibly genocidal and dehumanizing rhetoric coming from
senior Israeli government officials”. Concerns were also expressed on 27 October 2023 by the United
Nations Committee on the Elimination of Racial Discrimination about “the sharp increase in racist hate
speech and dehumanization directed at Palestinians since 7 October”. In the Court’s view, the facts and
circumstances mentioned above are sufficient to conclude that at least some of the rights claimed by
1
https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-sum-01-00-en.pdf, under heading
Introduction
2
South Africa’s application on 29th December, under the heading JURISDICTION
3
Summary of preliminary order of ICJ, published on 26 th January 2024, pg3 and 4
South Africa and for which it is seeking protection are plausible. This is the case with respect to the right
of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts identified in
Article III.4
Relevant principle of International

The Court held that owing to Article 41 of its Statute, it has the power to issue provisional measures
when irreparable damage or irreparable consequences could be caused to rights which are the subject of
judicial proceedings. However, this power will be exercised only if there is urgency, in the sense that
there is a real and imminent risk that irreparable prejudice will be caused to the rights claimed before the
Court gives its final decision.
At present, many Palestinians in the Gaza Strip have no access to the most basic foodstuffs and essential
medicines. The World Health Organization has estimated that 15 per cent of the women giving birth in
the Gaza Strip are likely to experience complications, and rise in maternal and newborn death rates. In
these circumstances, the Court considers that the catastrophic humanitarian situation in the Gaza Strip is
at serious risk of deteriorating further before the Court renders its final judgment. Due to the reason set
out above, the Court considered that there is a real and imminent risk of irreparable prejudice to the rights
of Palestinian people.5
Decision
1. ICJ has prima facia jurisdiction for Provisional orders
2. Genocide may have occurred and denied Israel’s request to remove the case from general list
3. Israel must, in accordance with its obligations under the Genocide
Convention and in relation to Palestinians in Gaza, ‘take all measures
within its power’ to prevent the commission of acts prohibited in the
Convention.
4. Israel must ensure that its military forces do not commit any of the acts
mentioned in point 3.
5. Israel must take all measures within its power to prevent and punish
direct and public incitement to commit genocide.
6. Israel must take immediate and effective measures to enable the
provision of humanitarian relief to Gaza.
7. Israel must take effective measures to prevent destruction of evidence
relating to allegations of acts contrary to the Genocide Convention.
4
Pg 4, 5 and 6 of https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-sum-01-00-en.pdf
5
RISK OF IRREPARABLE PREJUDICE AND URGENCY, https://www.icj-cij.org/sites/default/files/case-
related/192/192-20240126-sum-01-00-en.pdf
8. Israel must submit a report to the Court within one month regarding the
measures it has taken to give effect to the Order.
Implementation Of Provisional orders

The Israeli government has failed to comply with order of International
Court of Justice (ICJ). Human Rights Watch Citing warnings about
“catastrophic conditions” in Gaza.6
One month later, however, Israel continues to obstruct the provision of

basic services and the entry and distribution within Gaza of fuel and
lifesaving aid, acts of collective punishment that amount to war
crimes and include the use of starvation of civilians as a weapon of war.
Fewer trucks have entered Gaza and fewer aid missions have been
permitted to reach northern Gaza in the several weeks since the ruling than
in the weeks preceding it, according to United Nations Office of the
Coordination of Humanitarian Affairs (OCHA). “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.”7
6
Human Rights Watch’s 26 February report on their website.
7
https://www.hrw.org/news/2024/02/26/israel-not-complying-world-court-order-genocide-case

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1

Introduction of the matter

Charges alleged by South Africa

Elements of Israel’s crime

Relevant principle of International

Implementation Of Provisional orders

One month later, however, Israel continues to obstruct the provision of

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